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Wetlands and Subaqueous Lands Applications



Division of Water

Published: May 25, 2022
Comments Due: June 14, 2022

Subaqueous Lands Permit

STA Pharmaceuticals (2304400385, 2304200011, 2301800002) – To fill approximately 5,411 square feet of subaqueous lands consisting of 450 cubic yards of material. To remove an existing 15 inch by 26 foot long CMP pipe, to install two (2) 24 inch by 10 foot long RCP pipes, two (2) 48 inch by 148 foot long RCP pipes and to perform compensatory mitigation by restoring 2.76 acres of an existing wetland area currently dominated by exotic, invasive species and to create 5.32 acres of wetlands in the headwaters of Deep Creek, upstream of the proposed stream impacts located at the Middletown Business Park on the south side of Industrial Drive, Middletown, New Castle County, DE.

Subaqueous Lands Permit & Wetlands Permit

Delaware Department of Transportation (1-34-5.00-172.00) – To temporarily impact .0284 acres of state-regulated tidal wetlands for the construction of an entrance and to maintain an existing outfall location (Location 25) by removing 4.91 cubic yards of debris, sediment and vegetation from the outfall and adjacent ditch corridor westerly towards Beach Cove. The channel material consisting of 4.91 cubic yards (.0859 acres) will be utilized to enhance the adjacent marsh through thin layer application. The proposed activities are located along State Route 1 (SR1), approximately 1.47 miles south of Indian River Inlet in Bethany Beach, Sussex County, DE.

Delaware Department of Transportation (1-34-5.00-172.00) – To temporarily impact .0697 acres of state-regulated tidal wetlands for the construction of an entrance and to maintain an existing outfall location (Location 26) by removing 89.44 cubic yards of debris, sediment and vegetation from the outfall and adjacent ditch corridor westerly towards Beach Cove. The channel material consisting of 89.44 cubic yards (.6521 acres) will be utilized to enhance the adjacent marsh through thin layer application. The proposed activities are located along State Route 1 (SR1), approximately 1.45 miles south of Indian River Inlet in Bethany Beach, Sussex County, DE.

Delaware Department of Transportation (1-34-5.00-172.00) – To temporarily impact .1027 acres of state-regulated tidal wetlands for the construction of an entrance and to maintain an existing outfall location (Location 28) by removing 75.69 cubic yards of debris, sediment and vegetation from the outfall and adjacent ditch corridor westerly towards Beach Cove. The channel material consisting of 75.69 cubic yards (.3689 acres) will be utilized to enhance the adjacent marsh through thin layer application. The proposed activities are located along State Route 1 (SR1), approximately 1.35 miles south of Indian River Inlet in Bethany Beach, Sussex County, DE.

Subaqueous Lands Permit and Water Quality Certification Request

Delaware Department of Transportation (1804600037) – To reconfigure the existing I-95 and SR 896 interchange to a double flyover interchange with new and realigned/widened ramps, additional activities include the reconstruction of the I-95 and SR 896 roadways approaching the interchange, the addition of a third travel lane along a portion of SR 896 southbound, and stormwater and drainage improvements, located in New Castle County, Delaware. A second component of the project is the creation of the Weston wetland mitigation site (1301200055) in Middletown, New Castle County, Delaware. Total project impacts include 0.9346 acres of permanent subaqueous lands impacts, 0.0020 acres of temporary subaqueous lands impacts, and 0.8213 acres of total subaqueous lands loss. Additionally, the applicant requests for a Section §401 Water Quality Certification. Approval is being requested to permanently fill subaqueous lands with approximately 2,131.42 cubic yards of material associated with the reconfiguration of the existing I-95 and SR 896 interchange.

Delaware Department of Transportation (1-33-16.00-172.00) – To construct two bridges consisting of a western, nine-span bridge (BR 3-596) and the eastern, six-span bridge (BR 3-597) as part of a new bypass route from US Route 113 to State Route 24 over the northern portion of Millsboro Pond. The applicant proposes to permanently fill 1,844 square feet (.0377 acres) of subaqueous lands, to permanently shade 53,891 square feet of subaqueous lands (1.2371 acres) and to temporarily impact 501.87 square feet (.0115 acres) of subaqueous lands and to temporarily shade 16,067 square feet (.3688 acres) of subaqueous lands in Millsboro Pond between Gravel Hill Road & Betts Pond Road, Millsboro, Sussex County, DE. Additionally, the applicant requests for a Section §401 Water Quality Certification. Approval is being requested to fill 2,346 square feet (.0538 acres) of subaqueous lands associated with the construction of two proposed bridges in the northern portion of Millsboro Pond between Gravel Hill Road & Betts Pond Road, Millsboro, Sussex County, DE.

Subaqueous Lands Lease

Robert E. Loomis and Mary D. Loomis (5-33-20.18-117.00) – To repair by replace a failed elevator style boat lift with a four piling boatlift in the Assawoman Bay, at 38856 Cleveland Avenue, Selbyville, Sussex County, DE.

These Documents/Applications above are available for review by contacting:

Catherine Bronson
Wetlands and Subaqueous Lands Section
89 Kings Highway
Dover, DE 19901
302-739-9943
Catherine.Bronson@delaware.gov

If you have any comments, please email the above or return this memo to this office by June 14, 2022.

A public hearing on the above applications will NOT be held unless the Secretary of DNREC determines that a public hearing is in the public interest or if a written meritorious objection to the application is received within 20 days from this notice. Please indicate in your letter whether your intention is to request a public hearing or whether you are simply providing comments for the Department’s consideration. If a public hearing is desired, please be advised that a public hearing request shall be deemed meritorious if it exhibits familiarity with the application and provides a reasoned statement of the action’s probable impact.




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