In 2020, Diamond State Port Corporation (DSPC) proposed to build a new container port on the Delaware River at 4600 Hay Road, Edgemoor, in New Castle County.
The project requires permits from the DNREC Division of Water and Division of Waste and Hazardous Substances. It also needs Federal Consistency Certification from the Delaware Coastal Management Program.
DNREC held a joint public hearing on these applications on Tuesday, Sept. 29, 2020, and accepted written public comments on the proposal through Dec. 1, 2020.
All public comments received, the Public Hearing Transcripts, and other documents are posted on the public hearing event page.
Secretary’s Order No. 2021-W/CCE-0026 — Approving the Subaqueous Lands Permit and Federal Consistency Certification
Hearing Officer’s Report, Subaqueous Lands Permit and Federal Certification
Subaqueous Lands Permit (SP-101/20)
(Approved Design Plan, Approved Monitoring Plan, and Approved Mitigation Plan)
Secretary’s Order No. 2021-WH-0014 — Approving the Permit for Corrective Action and Post-Closure Care
Hearing Officer’s Report, RCRA Corrective Acton Permit
Permit for Corrective Action and Post-Closure Care (State Permit No. HW31B04)
Statement of Basis
The property is the former location of the Chemours titanium dioxide production facility. It includes two parcels totaling 115 acres (Tax Parcel ID 0615300006 and 0615300003). A 112-acre parcel lies along the Delaware River between Fox Point State Park, to the north, and industrial facilities to the south. A 3-acre parcel is across Hay Road at the former facility main entrance.
The site operated as a titanium dioxide production facility through 2016. That facility was demolished before the sale of the property to the Diamond State Port Corporation in February of 2017.
Environmental Assessment
An Environmental Assessment Technical Document (with appendices) was submitted with the Wetlands and Subaqueous Lands Permit Application and the Federal Consistency Form.
The project includes:
The dredged materials, 3.3 million cubic yards of river sediments and underlying soil, will be stored in confined disposal facilities. A part of the dredge will be used as fill. Shoaling fans will reduce the frequency of future maintenance dredging.
While the port expansion project is located within the coastal zone, the proposed activities do not trigger the need for a Coastal Zone Act permit. Bulk product transfer is exempt from the Act and there is no additional heavy industrial use or manufacturing being added to the site.
The project will require a subaqueous lands permit and water quality certification from the Division of Water.
A subaqueous lands permit is required for activities in tidal wetlands or in tidal and non-tidal waters in the State of Delaware.
The US Clean Water Act requires states to certify that the discharge of dredged or fill material into waters of the United States will not violate the State Water Quality Standards.
For more information, contact Gayle Calder, at Gayle.Calder@delaware.gov or 302-739-6304.
Application
Figure 1 – Facility Location Map
Figure 2 – Monitoring Well Locations
Figure 3 – Pre Decommissioning Facility Map
Figure 4 – Active SWMUs
Figure 5 – Port Site Plan (Draft)
Appendix A – Post-Closure Care Plan
Appendix B – Contaminated Management Plan
Appendix C – Closure Certification Report
Appendix D – Phase I RFI Report
(Note: This is a very large file. Use Text and Tables version for a smaller option)
Appendix E – Phase II RFI Report
Appendix F – Risk Assessment Report
The DNREC Remediation Section has made a preliminary decision to issue a Hazardous Waste Corrective Action Permit to the Diamond State Port Corporation for the implementation of corrective measures and post-closure care at the site. This permit would replace a prior corrective action permit that has expired.
Based on the findings of an investigation of the facility and an assessment of the risks it might pose to human health and environment, the Remediation Section finds that active corrective measures are not needed. Given the proposed new use, the new permit would include the following requirements:
For more information, contact Frank Gavas, at Frank.Gavas@delaware.gov or 302-739-9403.
Federal agencies are required to follow state coastal management policies when conducting projects or issuing permits for activities that have reasonably foreseeable effects on coastal uses and resources. The Delaware Coastal Management Program is reviewing this project for Federal Consistency as it requires a U.S. Army Corps of Engineers permit for dredging, disposal and bulkheading.
For more information, contact the federal Consistency program, at DNREC_FederalConsistency@delaware.gov or 302-739-9283.
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