The DNREC Division of Watershed Stewardship will conduct a public hearing (Docket #2023-R-WS-0004) on proposed revisions to selected sections of the Delaware Erosion and Sediment Control Handbook. The public comment period closed.

The Delaware Erosion and Sediment Control Handbook supports the Delaware Sediment and Stormwater Regulations (7 DE Admin. Code 5101), as set forth at 7 Del.C. §4006(h) and (i).

The Handbook provides background information on erosion and sedimentation, information on Delaware’s regulatory program and standards and specifications for erosion and sediment control.

The proposed revisions are to the following sections of the Delaware Erosion and Sediment Control Handbook:

• 3.1.4 Temporary Sediment Basin — Anti-seep collar equation on p. 3.1.4-5 corrected
• 3.4.3 Vegetative Stabilization — Updated to remove invasive or undesirable species
• 3.4.5 Mulching — Clarified that synthetic netting is not acceptable
• 3.6.1 Pollution Prevention — Replaced fueling and spill control guidance with CGP signage recommendations
• 3.6.4 Fueling and Spill Control — New specification with expanded guidance from previous 3.6.1
• Appx. A-3 Geotextile Application Guide — Updated material specifications and example products

For more information, or to review the regulatory guidance documents, contact Elaine Webb, of the DNREC Sediment and Stormwater Program, 285 Beiser Boulevard, Suite 102, Dover, DE 19904, by phone at 302-739-9921, or by email at elaine.webb@delaware.gov.

The Department will accept public comment through the close of business on Wednesday, April 19, 2023. 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 on this page.

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

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: Technical Response Memo

Secretary’s Order No. 2023-WS-0012 — Approving Final Revisions to the Delaware Erosion and Sediment Control Handbook, in support of 7 DE Admin. Code 5101, Delaware Sediment and Stormwater Regulations, as set forth at 7 Del.C. §4006 (h) and (i)

DNREC Exhibits

Exhibit 1: 7 Delaware Code, Chapter 40 which in §4006(i) sets the adoption process for regulatory guidance documents including the Delaware Sediment and Erosion Control Handbook.

Exhibit 2: Delaware Construction General Permit, effective March 11, 2021, which includes pollution prevention requirements referenced in Section 3.6 of the Delaware Erosion and Sediment Control Handbook.

Exhibit 3: Full Delaware Erosion and Sediment Control Handbook, effective February 2019

Exhibit 4: Full proposed Delaware Erosion and Sediment Control Handbook, undated

Exhibit 5: Proposed revised 3.1.4 Standard and Specifications for Temporary Sediment Basin

Exhibit 6: Proposed revised 3.4.3 Standard and Specifications for Temporary Stabilization and Permanent Stabilization

Exhibit 7: Proposed revised 3.4.5 Standard and Specifications for Mulching

Exhibit 8: Proposed revised 3.6.1 Standard and Specifications for Construction Site Pollution Prevention

Exhibit 9: Proposed 3.6.4 Standard and Specifications for Fueling and Spill Control

Exhibit 10: Proposed revised Appendix A-3 Geotextile Application Guide

Exhibit 11: General notice published in the December 2022 Delaware Register of Regulations announcing the proposed revisions to selected sections of the Delaware Erosion and Sediment Control Handbook and providing a time period to request a public hearing

Exhibit 12: Legal notice published December 1, 2022 in the Delaware State News and News Journal announcing the proposed revisions to selected sections of the Delaware Erosion and Sediment Control Handbook and providing a time period to request a public hearing

Exhibit 13: Compiled document containing four public hearing requests received from (1) Shannon Argo, President, Blue Hen Dispose-All, Inc., (2) David Steele, Sr. Land Development Manager, Lennar Maryland/Delaware, (3) Mike Stang, President, Delaware Haulers Association, represented by Lincoln D. Willis, Principal, The Willis Group, LLC, and (4) Justin Olear, President, Builders and Remodelers Association of Delaware, submitted by Shannon Easton, Builders and Remodelers Association of Delaware.

Exhibit 14: General notice published in the March 2023 Delaware Register of Regulations announcing the March 22, 2023 Public Hearing to receive comment on proposed revisions to selected sections of the Delaware Erosion and Sediment Control Handbook.

Exhibit 15: Legal notice published March 1, 2023 in the Delaware State News and News Journal announcing the March 22, 2023 Public Hearing to receive comment on proposed revisions to selected sections of the Delaware Erosion and Sediment Control Handbook.

Exhibit 16: March 22, 2023 Virtual Public Hearing PowerPoint presentation

Exhibit 17: Delaware State News 3/1/23 Legal Notice Affidavit

Exhibit 18: State of Delaware Public Meeting Calendar Meeting Notice for 3/22/23 Public Hearing

Exhibit 19: Sediment and Stormwater Program March 2023 Listserv announcement of 3/22/23 Public Hearing

Exhibit 20: Sediment and Stormwater Program April 2023 Listserv announcement of the comment period for the Public Hearing (Added subsequent to the hearing on April 3, 2023)