Around Delaware
News Briefs from DNREC

 

State Adopts New Water Quality Standards
Public Hearings on Proposed Revisions to Septic Regulations
DNREC Begins Providing Air Quality Impacts of Development to Land Developers and Local Governments
Delaware's 18th Coastal Cleanup Held September 18
DNREC Order Clears Permitting for Assawoman Canal Dredging
Delaware Seashore Islands Dedicated as Nature Preserves

State Adopts New Water Quality Standards; Revised Standards Include EPA-recommended Criteria for Recreational Waters

The Department of Natural Resources and Environmental Control has adopted revised water quality standards for surface waters in Delaware effective July 11, 2004. The Standards were amended after an extensive public workshop and hearing process and the revisions reflect the growing regional nature of water quality standards in areas such as criteria affecting watersheds that drain to shared waters.

Amended standards include:

• To protect swimmers, the bacteria standards were amended consistent with U.S. Environmental Protection Agency guidance and federal BEACH Act requirements.
• Burrows Run in New Castle County and Marshyhope Creek in Sussex County have been designated as “Waters of Exceptional Recreational or Ecological Significance (ERES),” offering these watersheds a higher level of protection with the ultimate goal of restoring them to their natural condition.
• New standards have been issued to protect fish and other aquatic life and protect and restore rooted aquatic plants in the tidal portions of the Nanticoke River and Broad Creek and downstream to the Chesapeake Bay.  As the states of Maryland and Virginia, and the District of Columbia are in the process of adopting the same standards, this marks the first time the four jurisdictions have collaborated to ensure consistent standards for the Chesapeake Bay Watershed.
• Language added that will defer to Delaware River Basin Commission (DRBC) standards unless there are no applicable DRBC standards, in which case Delaware’s standards will apply.  This ensures consistency with the states of New Jersey and Pennsylvania, which have similar language in their water quality standards for the Delaware River Basin.
• Higher dissolved oxygen standards for the Lewes-Rehoboth Canal for consistency with dissolved oxygen levels required for other Delaware tidal waters.
• Updated standards for several chemicals using the same formulae as in the past, utilizing the most current scientific data and in accordance with EPA guidance.

For additional information, contact David Wolanski, Watershed Assessment Section,
(302) 739-4590.

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Public Hearing on Proposed Revisions to Septic Regulations Held September 13, 2004 in Dover

The Division of Water Resources of the Department of Natural Resources and Environmental Control held a public hearing on proposed revisions to the regulations governing on-site wastewater treatment and disposal (septic) systems on Monday, Sept. 13 in Downs Lecture Hall, Delaware Technical and Community College, Terry Campus, Dover, Delaware.

Proposed changes included:

• Creation of a Class H System Inspector License as required under HB 150;
• A revamped procedural process for subdivision feasibility studies and determination of the required system size (large system versus individual on-site systems);
• Updating and/or correction of certain exhibits and deletion of redundant sections.

Public workshops were held in each county during development of the proposed revisions prior to a final workshop held June 21 in Dover this year.  The Division also held several community meetings on the regulations.

Electronic or hard copy versions of the proposed revised regulations may be obtained or reviewed at the Division’s Ground Water Discharges Section offices at 89 Kings Highway in Dover or in Georgetown at 422 North DuPont Highway, Suite 1.  You can also use the following links to download a copy to view and save to your computer:

PDF version (280 kb)
FlashPaper version (346 kb)

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DNREC Begins Providing Air Quality Impacts of Development to Land Developers and Local Governments

The Department of Natural Resources and Environmental Control has started informing developers and local governments of the impacts of proposed development on Delaware’s air quality.  The Department began offering these comments at the July 28 Preliminary Land Use Service (PLUS) meeting.

DNREC has traditionally commented on a development’s impacts on natural resources such as wetlands and forests, drainage and stormwater management, and water supply and water quality.  The decision to add air quality impacts to its advisory role is fueled in part by Delaware’s status of nonattainment for ozone and fine particulate matter (PM2.5) under the Clean Air Act.

DNREC plans to comment on potential increases of air pollutants including volatile organic compounds (VOCs), nitrogen oxides (NOx), sulfur dioxide (SO2), fine particulate matter (PM2.5), and carbon dioxide (CO2). VOCs and NOx both contribute to the formation of ozone; sulfur dioxide is a component of acid rain, and carbon dioxide contributes to global warming and climate change.

There are three components to the residential household emissions:

• Direct residential emissions from a typical residence in Delaware which includes such things as fuel combustion, wood combustion, architectural coatings, consumer products that contain VOCs, lawn and garden equipment (engine emissions and evaporation), and portable fuel containers.
• Eelectricity demand emissions which take place at various electricity generating units throughout our region due to residential electricity usage and demand.
• Mobile emissions are generated as a result of the trips that residents take from home to work, shopping, and other activities.

In a letter to the Delaware League of Local Governments and the three counties, Secretary John A. Hughes stated that comments on air quality impacts resulting from residential development “were long overdue.” Secretary Hughes also noted that, “Air quality impacts from residential development are significant, in many areas far exceeding the impacts from the more traditional industrial sources we often associate with air pollution.”

For example, if a manufacturing facility were to emit 25 tons per year of nitrogen oxides (NOx), which contribute to the pollutant ozone, the facility would be required to obtain a permit and would be subject to regulations, enforcement and other actions.   In contrast, a recently reviewed 389-unit residential subdivision, when fully built out, will contribute an estimated 30 tons of NOx per year from vehicle emissions alone.

Secretary Hughes further states in his letter that “local governments should be anticipating air (quality) impacts (from development) and planning for (its) mitigation.”  This might involve limiting large new developments to pre-approved growth areas, concentrating development in areas capable of providing mass transit services, requiring more energy efficient homes which would lessen air quality impacts, and promoting walking and biking within and between developments and town centers.  These and other techniques are further described in “Better Models for Development in Delaware,” a recently released publication that supports and promotes Governor Minner’s Livable Delaware initiative.

For further information, contact Kevin Coyle, Planning and Compliance Assistance, (302) 739-3091.

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Delaware’s 18th Coastal Cleanup held Sept. 18

The Delaware Department of Natural Resources and Environmental Control (DNREC) held its 18th annual Coastal Cleanup on Saturday, September 18.  This popular event is part of the Ocean Conservancy's International Coastal Cleanup – the largest annual clearing of trash from coastlines and lakes by volunteers in the world.

The Delaware cleanup area targeted more than 49 sites along the state's 97-mile eastern coastline from Fox Point State Park to Fenwick Island and includes river and ocean shoreline, wetland and watershed areas.  Traditionally, Delaware has the largest number of cleanup sites within the Delmarva region.   Data is collected by volunteers about the items picked up, and the information is used in efforts to reduce and eliminate trash and debris pollution.

Last year, 1,135 Delaware volunteers used 794 trash bags to collect 17,564 pounds of debris from Delaware beaches and waterways.  Cigarette butts were the most prevalent item collected.  Volunteers picked up 14,072 of them!  Other finds included a wedding dress, a mailbox, eyeglasses, fire extinguisher, file cabinet, kite, lawnmower and two music stands.  More than 3,400 hours of volunteer time were devoted to clean and protect Delaware's coastline and wildlife.

Connectiv has been a primary partner of the Cleanup for many years.   Playtex Family Products donates rubber gloves for cleanup volunteers.

Delaware is joined with sister states Maryland, New Jersey, and Virginia in the International Coastal Cleanup.  Participation now includes 55 states and territories and 90 countries, with the number of both growing each year.  For more information on The Ocean Conservancy or the International Coastal Cleanup visit the Conservancy's website, www.oceanconservancy.org.

For more information, contact Jason Gleockler, coordinator, at (302) 739-4506 or visit the Coastal Cleanup link on the DNREC website.

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DNREC Order Clears Permitting for Assawoman Canal Dredging

The Department of Natural Resources and Environmental Control has allowed the appropriate permits, with conditions, to be issued to DNREC's Division of Parks and Recreation for dredging the Assawoman Canal in coastal Sussex County.

DNREC Deputy Secretary David Small signed an order which states that the record for the application "demonstrates compliance with applicable regulations and provides for reasonable and appropriate measures to mitigate potential adverse impacts while providing significant benefits to the public in furtherance of statutory policies and purposes.”  Secretary John A. Hughes excused himself from making the decision due to his past involvement with the project as the director of the Division of Soil and Water Conservation.

The Assawoman Canal is a nearly 4-mile long, man-made canal extending from White’s Creek to the Little Assawoman Bay.  The project will include dredging of a 35-foot wide channel the length of the canal to a depth of 3 feet below mean low water to improve boating recreation.

The Division of Soil and Water Conservation will be performing the work.  The Division of Parks and Recreation manages the canal and adjacent land.  Both mechanical and hydraulic means will be used to dredge 34,000 cubic yards of material, which will be disposed of at two confined disposal facilities.   Another possible disposal site along the ocean coastline at Bethany Beach could be used for a portion of the operation.   220 feet of the western bank of the canal will be stabilized with rip-rap as part of the project.

Conditions incorporated into the order to mitigate environmental and public interest impacts were supported and recommended by DNREC's hearing officer and initially recommended by the Division of Water Resources' Wetlands and Subaqueous Lands Section, which received the permit application on May 28, 2004.  A public hearing was held June 22, 2004.  The section also recommended monitoring of the dredging activity to evaluate the impacts.

Permit conditions, including those to be considered as management tools during dredging activity, include:

• Establishment and enforcement of a no-wake zone to promote boater safety on the canal, minimizing boating noise impacts on area residents and minimizing boat wake impacts on the banks of the canal and on aquatic species.  A jet ski ban is under consideration.
• Restrict dredging from Jan. 1 to Aug. 31 to protect fisheries.  Material dredged from Sept. 1 to Dec. 31 must be monitored to determine whether diamondback terrapins are being impacted.  Diamondback terrapins are uncommon species which are believed to be of conservation concern.
• Clear and remove vegetation and trees that are blocking the canal in a manner that provides navigation safety while minimizing disruption of biological activity and vegetation removal.
• Redesign proposed for hard rip-rap structure to incorporate wildlife habitat friendly, bioengineering features in the bank stabilization and woody vegetation projects along the banks.
• Terrace and revegetate the slopes of the canal to stabilize soils and enhance habitat on the canal banks and adjoining riparian areas.
• Monitor dissolved oxygen and bacteria levels in the canal and adjacent water bodies to evaluate impacts of dredging on water quality.
• Mark navigation channel in the canal.
• Minimize turbidity impacts during dredging through use of BMPs such as turbidity curtains and coffer dams.
• Use watertight trucks for hauling dredged material.
• Prohibit marina development on Division of Parks and Recreation land to discourage excessive boating traffic.

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Delaware Seashore Islands Dedicated as Nature Preserves

On June 12, Delaware Seashore State Park’s Thompson Island and Burton Island were dedicated as nature preserves as part of the Center for the Inland Bays “Fourth Annual Governor’s Wade-In” to assess the water quality of the Inland Bays.   Thompson Island is a 191-acre headland island with forested uplands and tidal marsh at the north end of Rehoboth Bay.  It is a significant Native American cultural resource site, with evidence of use from 3,000 B.C.  Burton Island, adjacent to the Indian River Marina, is the largest island in the Rehoboth Bay barrier island/tidal marsh complex.

Governor Ruth Ann Minner, Department of Natural Resources Secretary John Hughes, Division of Parks and Recreation Director Charles Salkin and Center for the Inland Bays’ board members and staff participated in the public ceremony at the park’s Tower Road bayside beach.  According to Secretary Hughes, “Protecting open space around the bays sustains wildlife habitat and helps maintain water quality in the Inland Bays.”