The DNREC Division of water will hold a public hearing (Docket #2022-P-W-0007) regarding an application by Denali Water Solutions to renew their existing Agricultural Utilization permit. Public comment period closed.

Denali Water Solutions, LLC. has submitted a permit application requesting their existing AGU permit for the land treatment of approved wastes at nine farms be renewed and has requested a tenth application site, the Luff Farm, be added to the permit, under the Department’s Guidance and Regulations Governing the Land Treatment of Wastes, Part V, Regulations Governing the Land Treatment of Waste Products.

The existing AGU permit authorizes the land application of dissolved air flotation (DAF) solids and other land treatable residuals, that do not contain sanitary (human) waste, as approved by DNREC. Land treatable residuals managed by Denali consist of residuals generated from chicken and pet food processing facilities during the treatment of process wastewater. The nine currently permitted farms known as Schreiber, Seeney, Cain, Masten, Bergold, Winkler, Harrison, Home, and Collison Farms are located within an 8-mile radius of Harrington Delaware and are comprised of a total of approximately 1,500 acres of land that is suitable for land application. The Luff Farm consists of approximately 91 acres of land suitable for land application and is located southwest of the intersection of High Stump Road and Greenville Road, approximately 6 miles southwest of Harrington, Delaware.

For additional information on the above matter, contact Brian Churchill, Division of Water, SWDS, 89 Kings Highway, Dover, DE 19901; by phone at 302-739-9946; or via email, at Brian.Churchill@delaware.gov.

The Department will accept public comment through the close of business on June 2, 2022. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address below.

Public Hearing Officer

Theresa Newman
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: SWDS Draft Permit
– Appendix B: Technical Response Memorandum (06/08/2023)

Secretary’s Order No. 2023-W-0024 — Approving the renewal of the existing agricultural utilization of waste permit of Denali Water Solutions, LLC
(Effective Date: Sept. 28, 2023)

DNREC Exhibits

Exhibit 1: Permit Application and Project Development Report

• Permit Renewal Request
• Application and Project Development Report (PDR)
  Appendix A. Authorization to Land Apply Residuals
  Appendix B. Adjacent Landowner Authorization to land apply residuals without Property Line buffer setbacks
  Appendix C. Updated Aerial Photograph
  Appendices D and E. Soil Map/Application Suitability and Map Description of the Soil Characteristics
  Appendix F. Depth to Water Table Map (for Luff farm only as this is a new farm being added to permit)
  Appendix G. Updated Operational Map with Buffer Zones and Application Acres
  Appendix H. Land Application of Waste, Daily Operational Record
  Appendix I. Land Application of Waste, Auger Boring Record
  Appendix J. Field Nutrient Balance Summary Report
  Appendix K. Nutrient Management Plan
  Appendix L. Soil Analysis
  Appendix M. Luff farm tax assessment
  Appendix N. DE Non-Hazardous Liquid Waste Transporters Permit

Exhibit 2: Permit Renewal Legal Notices (1/30/22)

• In the News Journal
• In the Delaware State News
• On the DNREC website

Exhibit 3: Guidance and Regulations Governing the Land Treatment of Wastes (Part V is applicable to the permit renewal)

Exhibit 4: Hearing Request and Comments

• Hearing request from Maria Payan with attached comments (2/28/22)
• Confirmation of Public Hearing (4/6/22)

Exhibit 5: Public Hearing Legal Notices (4/17/22)

• In the News Journal
• In the Delaware State News
• On the DNREC website

Exhibit 6: DNREC Calendar Posting (This page)

Exhibit 7: Draft Permit

Exhibit 8: DNREC Presentation

Applicant’s Exhibits

Exhibit 1: Denali Presentation

Public Comments

Suellen Dickson (5/28/22)

Maria Payan (6/3/22)

Shelly Cohen (6/3/22)