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Diamond State Port Corporation Proposal



Diamond State Port Corporation (DSPC) proposes to build a new container port on the Delaware River at 4600 Hay Road, Edgemoor, in New Castle County.

DNREC Public Hearing

6 p.m., Tuesday, Sept. 29, 2020
(Docket #2020-P-MULTI-0024)

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Event Number: 129 275 3965
Password: DSPC-PORT
Dial-in: 1-408-418-9388
Closed-captioning available by request if made at least 7 days before the event.

Public Comment Protocols

Public Comment Form

Register to comment verbally during the hearing

The project will require permits from the DNREC Division of Water and Division of Waste and Hazardous Substances. It will also need Federal Consistency Certification from the Delaware Coastal Management Program.

DNREC will hold a joint public hearing on these applications on Tuesday, Sept. 29, 2020, beginning at 6 p.m.

DNREC will accept written public comments on the proposal through Dec. 1, 2020. Comments are posted, as they are received, on the public hearing event page.

The Property

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.

The Proposed Project

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:

  • Building a pile-supported wharf (about 2,600 feet long)
  • Dredging the berth and access channel to a depth of 45 feet below mean lower low water
  • Installing a bulkhead along 3,200 feet of shoreline
  • Occupying approximately 5.5 acres of subaqueous lands

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.

Division of Water

The project will require a subaqueous lands permit and water quality certification from the Wetlands and Subaqueous Lands Section.

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.

Division of Waste and Hazardous Substances

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

Initial Draft Permit
Statement of Basis

Fact Sheet

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:

  • Asphalt capping
  • A contaminated materials management plan during construction
  • Groundwater monitoring in conjunction with a post-closure care plan for four surface impoundments now closed in place
  • Establishment of an environmental covenant

For more information, contact Frank Gavas, at Frank.Gavas@delaware.gov or 302-739-9403.

Federal Consistency

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 Laura Mensch, at laura.mensch@delaware.gov or 302-739-9283.




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