Start Date: 11/22/2009

End Date: 12/14/2009

Division: Air & Waste Management

Notice Text: DNREC-Site Investigation and Restoration Branch (DNREC-SIRB) LEGAL NOTICE PROPOSED PLAN OF REMEDIAL ACTION FOR THE FORMER NEWARC WELDING SITE (DE-1345) The Department invites public comment on a proposal to clean up the Former NewArc Welding site in Wilmington, DE. The 24.6 acre Site is located at 30 Commerce Street, Wilmington, Delaware. The property has operated as an industrial facility since the early 1900’s. The site is planned to be developed for commercial use. The proposed cleanup includes capping of the site with at least 1 foot of clean fill or impervious material such as parking lots or buildings and placing an environmental covenant on the site limiting its use to commercial use and limiting excavation at the site. Details of the Proposed Plan are available at the Wilmington Library, at the office of DNREC-SIRB (391 Lukens Drive, New Castle, DE, 19720), or online at http://www.dnrec.state.de.us/dnrec2000/Divisions/AWM/sirb under “Announcements.” The comment period ends on December, 14, 2009. For additional information, please contact Wendy March, Project Manager, or Robert Newsome, Public Information Officer, at (302)395-2600.

Start Date: 11/25/2009

End Date: 12/15/2009

Division: Water Resources

Notice Text: LEGAL NOTICE DNREC - Wetlands and Subaqueous Lands Section Subaqueous Lands Permit Applications 1. Town of Ocean View (Tax Parcel # 134-13.00-2036, 2037, 134-12.00-620) – To excavate 6.3 cubic yards of material from Westview drainage ditch, a tributary to the Assawoman Canal, at 8 and 10 Winifred Court, with disposal by spreading in uplands at the corner of West Ave. and Oakwood Ave., Ocean View, Sussex County, DE. 2. Matthew Toback (Tax Parcel # 334-11.00-277.00) – To construct a 4 by 60 foot pier and a 5 by 25 foot dock in Love Creek at lot 161 Cardiff Circle, The Retreat at Love Creek, Lewes, Sussex County, DE. 3. Bryan and Kelly Gallo (Tax Parcel #233-06.00-141.00) – To remove an existing dock and pier and construct a 6 foot by 25 foot pier, a 5 foot by 10 foot gangway, and a 6 foot by 20 foot floating dock in Pepper Creek, at 30622 Shell Road, Dagsboro, Sussex County, DE. 4. Seeds of Greatness Ministries, Inc. (Tax Parcel # 21-014.00-132, 21-017.00-126&127)- To fill and cap an existing 1,100 foot long drainage channel connected to the Delaware River and construct a new stream channel at a Brownfields Site at 610 West Seventh Street, New Castle, New Castle County, DE. 5. Duck Creek Property Management (Tax Parcel # 135-20.00-37.00) – To install 1,074 square feet of stone rip-rap outfall protection in an unnamed tributary to McGee Tax Ditch west of the intersection of South Bedford Street between Arrow Safety Road and Zoar Road, Georgetown, Sussex County, DE. Wetlands and Subaqueous Lands Applications 1. Delmarva Aggregates (Tax Parcel # 132-1.00-3.07)– To maintenance dredge 500 cubic yards of material to a depth of 10 feet below mean low water and dispose of it on site, and to construct two 12 by 6 foot steel mooring dolphins in the Nanticoke River at Seaford Sales Yard, 26056 River Road, Seaford, Sussex County, DE. 2. City of New Castle (Tax Parcel # 2100200049) - To remove 405 linear feet of concrete lining from a stream channel and stabilize it with riparian plantings between the intersection of Kiloran Drive with Route 9 and the intersection of A Street with Buttonwood Ave.; enhance 6.3 acres of impounded State regulated wetlands in and along an unnamed tributary to the Delaware River south of Buttonwood Ave.; and replace the existing sluice/flapper gate with a self regulating tide gate at the dike adjacent to the Delaware River south of Lukens Drive in the City of New Castle, New Castle County, DE. 3. Delaware Department of Transportation - (Tax Parcel # 130-5.00-24.00 and 130-5.00-34.00) – To replace 2 existing culvert pipes with two 60 inch diameter, 77 foot long pipes; to temporarily place a 30 inch diameter, 66 foot long auxiliary pipe, and to place 598 square feet of rip-rap in Abbotts Mill Pond and Johnson Branch at Abbotts Mill Pond Road, Milford, Sussex County, DE. Denise J. Rawding Wetlands and Subaqueous Lands Section 89 Kings Highway Dover, DE 19901 (302) 739-9943 FAX (302) 739-6304 A public hearing on the above applications will NOT be held unless the Secretary of DNREC determines that a 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 is deemed meritorious if it exhibits a familiarity with the application and provides a reasoned statement of the project's probable impact.

Start Date: 11/22/2009

End Date: 12/7/2009

Division: Water Resources

Notice Text: DNREC – Water Supply LEGAL NOTICE Well Permits State of Delaware needs to temporarily construct a dewatering system for 600 points that are 3’ apart and 20’ deep. The purpose of this system is to relocate a sewer main. The duration of this project is 6 months. The discharge water will be directed into the Murderkill River. The site is located on the north side of Rt 12 and Rt 1. The site is about a mile north of Frederica in Kent County. The combined desired capacity of this well point system is 500 gpm. Patty Murray Water Supply Section 89 Kings Highway, Dover, DE 19901 (302) 739-9945 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 15 days from this notice. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and provides a reasoned statement of the action’s probably impact.

Start Date: 11/22/2009

End Date: 12/7/2009

Division: Air & Waste Management

Notice Text: DNREC – Air Quality Management Section LEGAL NOTICE 7 DE Admin. Code 1102 NATURAL MINOR PERMIT APPLICATIONS Notice has been given that: Grieco Management requests a natural minor permit to construct and operate a combustion chamber at its Beeson & Grieco Funeral Home facility, located at 412 Philadelphia Pike, Wilmington in New Castle County. The combustion chamber has the potential to emit (PTE) 0.99 ton per year (TPY) of nitrogen oxides, 3.28 TPY of Carbon Monoxide, 0.82 TPY of Sulfur dioxides, 2.29 TPY of Particulate Matter, and 0.99 TPY of Volatile Organic Compounds. By Permit # APC-2010/0038-C actual emissions will not exceed 0.42 ton per year (TPY) of nitrogen oxides, 1.40 TPY of Carbon Monoxide, 0.35 TPY of Sulfur dioxides, 0.98 TPY of Particulate Matter, and 0.42 TPY of Volatile Organic Compounds. The application for this permit may be reviewed at the offices of the Division of Air and Waste Management, 156 S. State Street, Dover, Delaware or 715 Grantham Lane, New Castle, Delaware. For additional information or for an appointment to review the application, please contact Joanna Austin at (302) 739 9402. A public hearing on any of the above applications will NOT be held unless the Secretary of DNREC receives a request for a hearing regarding that application within 15 days from the date of this notice, ending December 7, 2009. A request for a hearing shall be in writing. The request must also show a familiarity with the application and a reasoned statement of the permit’s probable impact. All comments and public hearing requests should be mailed to the following address: AIR QUALITY MANAGEMENT SECTION DIVISION OF AIR & WASTE MANAGEMENT 156 S. STATE STREET DOVER, DE 19901 (302) 739-9402

Start Date: 11/22/2009

End Date: 1/5/2010

Division: Air & Waste Management

Notice Text: DNREC/AIR QUALITY MANAGEMENT LEGAL NOTICE PUBLIC HEARINGS The Department of Natural Resources and Environmental Control (DNREC) will conduct four (4) separate public hearings on proposed amendments to Delaware’s air regulations: • A public hearing on amendments to 7 DE Admin. Code 1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products, and corresponding amendments to the Delaware State Implementation Plan (SIP) for attainment of ground-level ozone standard. The Department is proposing to amend 1141 by revising Section 3.0 “Portable Fuel Containers.” Delaware adopted Section 3.0 in January 2001 in order to reduce volatile organic compound (VOC) emissions from portable fuel containers (i.e., gas cans). Effective January 1, 2009, the EPA began to regulate emissions from portable fuel containers under a federal rule (37 FR 8428). The federal rule provides for better emission control of portable fuel containers, and therefore achieves greater VOC emission reductions than the current Delaware regulation. As such, the Department proposes that 3.0 of 7 DE Admin. Code 1141 not apply to portable fuel containers manufactured on and after January 1, 2009, and that Delaware rely on the federal rule to control emissions from this source. Also, the Department proposes to make a corresponding revision to its ozone SIP, demonstrating that this revision and the reliance on the federal rule will not adversely impact Delaware’s efforts for attaining the ozone air quality standard. • A public hearing on amendments to 7 DE Admin. Code 1125, Requirements for Preconstruction Review. The Department is proposing to amend 1125 by revising Section 3.0, “Prevention of Significant Deterioration of Air Quality.” 1125 regulates emissions of pollutants from new and modified facilities, and is organized by attainment status of pollutants emitted relative to federal national ambient air quality standards (NAAQS); 2.0 covers non-attainment and 3.0 covers attainment areas. This action is to amend 3.0 of 7 DE Admin. Code 1125 to cite explicitly that nitrogen oxides (NOx) is a precursor to the formation of ground-level ozone. EPA requires this revision (see 73 FR 16205, March 27, 2008) because they have determined the current regulatory language is not clear that NOx, in addition to volatile organic compounds, is a ground-level ozone precursor. This action has no immediate impact because all of Delaware is classified as non-attainment of the ground-level ozone NAAQS, and regulated under 2.0 of 7 DE Admin. Code 1125; and 2.0 clearly states that NOx is a precursor to the formation of ground-level ozone. • A public hearing on amendments to 7 DE Admin. Code 1138, Emission Standards for Hazardous Air Pollutants for Source Categories. The Department is proposing to amend 1138 by adding a new Section 14 that will affect surface coating operations that spray apply coatings that contain any compounds of cadmium, chromium, lead, manganese or nickel. This proposed new section is based on a federal rule that the EPA promulgated at 40 CFR Part 63 Subpart HHHHHH, and existing requirements found in similar area source standards in 1138. The purpose of this proposed amendment is to provide increased protection for Delaware citizens against potential adverse health effects linked to a long term exposure to cadmium, chromium, lead, manganese, or nickel compounds. In addition, all of these compounds, except the manganese compounds, are classified as known or probable human carcinogens by the EPA. Note that this proposed amendment does not apply to facilities that apply surface coatings to motor vehicles (auto body shops) or mobile equipment; the Department plans to address these sources in 2010. • A public hearing on amendments to 7 DE Admin. Code 1124, Control of Volatile Organic Compounds. The Department is proposing to amend 1124 by revising Section 2.0, “Definitions”; Section 12.0, “Surface Coating of Plastic Parts”; Section 19.0, “Coating of Metal Furniture”; Section 20.0, “Coating of Large Appliances”; and Section 22.0, “Coating of Miscellaneous Metal Parts.” The purpose of these revisions is to conform to new Control Techniques Guidelines (CTG) documents issued by EPA. EPA requires all ozone non-attainment areas, including Delaware, to update regulations for emission sources covered in an EPA CTG, and to submit the regulations to EPA as State Implementation Plan (SIP) revisions. These revisions to 1124 reduce the volatile organic compound (VOC) contents of currently regulated coatings, regulate additional coating categories, require the use coating application equipment that provides for high transfer efficiency, and require that clean-up solvent emissions be included in regulatory applicability determinations. These public hearings will be held on Tuesday, January 5, 2010, beginning at 6:00 PM in the DNREC’s Air Quality Management Office, 156 S. State Street, Dover, DE. The four separate hearings will be held in succession, in the order shown above, beginning at 6:00PM. Persons interested in one or more of the hearings should arrive by 6:00PM, as these changes are expected to be non-controversial and the hearings may progress quickly. The proposed amendments may be inspected at the Department’s offices located at 156 S. State Street, Dover and at 715 Grantham Lane, New Castle, or at http://www.awm.delaware.gov/Info/Regs/Pages/AQMPlansRegs.aspx, or in the December 1, 2009 edition of the Delaware Register of Regulations, which is available online at http://regulations.delaware.gov/services/register.shtml. For additional information or to make an appointment to inspect the proposed amendments, please contact Jim Snead in New Castle at (302) 323-4542, or Ron Amirikian in Dover at (302) 739-9402. Interested parties may submit comments in writing on any of these proposed amendments by the end of the comment period, which will extend through January 5, 2010, or a longer period if designated by the hearing officer at the hearing. Statements and testimony may also be presented either orally or in writing at the January 5, 2010 public hearings. It is requested that those interested in presenting statements at the public hearings register in advance, and that written statements and comments be addressed to: Jim Snead DNREC - Air Quality Management Section 715 Grantham Lane New Castle DE 19720 James.Snead@state.de.us THIS IS THE ONLY TIME THIS NOTICE WILL APPEAR

Start Date: 11/18/2009

End Date: 12/8/2009

Division: Water Resources

Notice Text: LEGAL NOTICE DNREC - Wetlands and Subaqueous Lands Section Subaqueous Lands Permit Applications 1. Theresa Dzedzy (Tax Parcel # 0603300046) To install 6 linear feet of water utility line across a non-tidal stream at 2401 Foulk Road, Wilmington, New Castle County, DE. 2. The City of Seaford, (public utility easement) - To construct 400 linear feet of rock revetment with a rock toe sill and wetlands vegetative plantings in the Nanticoke in the utility easement between Cannon and Pine Streets, Seaford, Sussex County, DE. 3. Thompson Schell LLC (Tax Parcel # 2-35-9-23 & 2-35-8-87) - To remove an existing 15 inch culvert and modify 30 linear feet of channel to improve drainage fall and to place a stone stormwater outfall apron in an un-named ditch connecting with a tributary to the Broadkill River, in the Woodfield Preserve, off CR 16 Milton, Sussex County, DE. 4. Harry Haon III (Tax Parcel # 1-34-23.12-13.00) - To maintain a 6 foot by 25 foot dock in the Little Assawoman Bay at 1300 Schulz Road, Fenwick Island, Sussex County, DE. 5. Delaware Department of Transportation – I-95 Toll Plaza – To impact 6,144 square feet of tributaries of Persimmon Run and Christina Creek at various locations adjacent to Route 1-95 between Otts Chapel Road and Route 896, south of Newark, New Castle County, DE. 6. Delaware Department of Transportation – (Tax Parcel # 07-013.00-013 and 07-013.00-012) - To fill 1067 square feet, create 1948 square feet and regrade 1014 square feet of stream, and to construct a 66 foot long bridge, impacting 240 linear feet of Wilson Run at Guyencourt and Montchanin Roads, Wilmington, New Castle County, DE. Wetlands and Subaqueous Lands Applications 1. G. Michael Stakias (Tax parcel # 3-34-14.09 -9) - To construct a 3foot by 10 foot wetland walkway, a 4 foot by 40 foot pier and a 5 foot by 25 foot dock, in the Lewes and Rehoboth Canal at 51 Tidewaters Road, Henlopen Acres, Rehoboth Beach, Sussex County, DE. Denise J. Rawding Wetlands and Subaqueous Lands Section 89 Kings Highway Dover, DE 19901 (302) 739-9943 FAX (302) 739-6304 A public hearing on the above applications will NOT be held unless the Secretary of DNREC determines that a 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 is deemed meritorious if it exhibits a familiarity with the application and provides a reasoned statement of the project's probable impact.

Start Date: 11/18/2009

End Date: 12/3/2009

Division: Water Resources

Notice Text: LEGAL NOTICE DNREC – Surface Water Discharges Section Wastewater Facilities Construction Permit Applications The Delaware Department of Natural Resources and Environmental Control, Division of Water Resources, hereby gives notice that permit applications have been received from: The Sussex County Engineering Department and Windmill Estates, LLC to construct wastewater collection and transmission facilities (sewers, a pump station with pumps, piping, controls and accessories and a force main) to service the proposed “Windmill Estates” residential subdivision, which is to be located in Little Creek Hundred, Sussex County, Delaware, on the south side of Whitesville Road (SCR 64), between Smith Mill Church Road (SCR 457) and Pepperbox Road (SCR 66); and The Town of Millsboro to construct approximately 700 linear feet of 6” force main and approximately 10,750 linear feet of 14” and 18” force main with appurtenances; the 6” main is an extension of the Town’s irrigation system at Atkins Park; the 14” and 18” mains are to be constructed from the Town’s wastewater treatment facility on State Street, along State Street in a westerly direction, then east and south of Millsboro Middle School and along Wilson Highway, Church Street and Sussex Alley to a point on West State Street just west of Atkins Park, in the Town of Millsboro, Sussex County, Delaware. The applications and plans for the above are available for inspection by contacting: Paul Janiga Surface Water Discharges Section, Delaware Division of Water Resources 89 Kings Highway Dover, DE 19901 (302) 739-9946 A public hearing concerning the above applications will NOT be held unless the Secretary of DNREC determines that a hearing is in the public interest or if a written meritorious request for a hearing is received on or before December 3, 2009. A request for a public hearing shall be deemed meritorious if it exhibits a familiarity with the application and provides a reasoned statement of the permit’s probable impact.

Start Date: 11/15/2009

End Date: 11/29/2009

Division: Office of the Secretary

Notice Text: LEGAL NOTICE DNREC, Office of the Secretary Coastal Zone Act Status Decision Re: Bouchard Affiliates Under the authority of the Delaware Coastal Zone Act (7 Del. Code, Ch. 70) and the “Regulations Governing Delaware’s Coastal Zone”, the Secretary of the Department of Natural Resources and Environmental Control (DNREC) has rendered a Status Decision. On July 1, 2009, Bouchard Affiliates (“Bouchard”) filed a Request for a Coastal Zone Act Status Decision to determine if a Coastal Zone Act Permit is required to transfer oil at the Big Stone Anchorage in the coastal zone from large oil tankers to their fleet of oil barges. The Secretary’s decision is to deny Bouchard’s proposal to commence oil lightering operations in the coastal zone. Their application for a Status Decision failed to substantially support Bouchard’s claim that they were conducting oil lightering operations at Big Stone Anchorage before, on, or after June 28, 1971. Their proposed project would constitute the establishment of a new offshore bulk product transfer facility within the coastal zone, which is absolutely prohibited under the Coastal Zone Act and its implementing regulations. There is a fourteen day appeal period following the date of publication of this legal notice. Anyone wishing to appeal this decision to the State Coastal Zone Industrial Control Board must do so within this fourteen day appeal period. There is a one hundred dollar application fee. An appeal form may be acquired by calling Kevin Coyle at (302) 739-9071. If no appeal is received, this decision becomes final.

Start Date: 11/15/2009

End Date: 11/30/2009

Division: Air & Waste Management

Notice Text: DNREC – Air Quality Management Section LEGAL NOTICE REG. 1102 NATURAL MINOR PERMIT APPLICATIONS Notice has been given that: 1. Ashland, Newark, DE: The Company submitted air permit applications for two existing Emergency Generators in Building 8145 at the Hercules Incorporated Ashland Research Center. Maximum emissions of Nitrogen Oxides (NOx) and Carbon Monoxide(CO) will not exceed 0.291 ton/year and 0.048 ton/year respectively for each generator.( APC-2010/0029-C/O and APC-2010/0030-C/O) 2. Kuehne Company ,Delaware City, DE: The Company submitted an application for modification of a Boiler construction permit ,Sterling Boiler(25.74 MMBTU/hr) to Cleaver Brook Boiler (21 MMBTU/hr)equipped with duel fired burner ,hydrogen and natural gas as fuel. Maximum emissions of Nitrogen Oxides(NOx) will not exceed 13.3 tons per year.(APC-2007/0064-C(NSPS). 3. DuPont Experimental Station, Wilmington , DE: The Company submitted a permit application for construction of R&D coating spray booths, oven room, Regenerative Thermal Oxidizer and associated equipment. This equipment will be used for R&D and will be located in Building E308 of the Experimental Station. Maximum combined emissions of VOCs and HAPs will not exceed one(1) ton per year.(APC-2010/0035-C). 4. Celico Partnership dba Verizon Wireless requests permission for the operation of one emergency generator, rated 750 kW at 41 Southgate Blvd, New Castle, New Castle County, Delaware. The engine used in this generator set complies with U. S. EPA regulations under the provisions of 40 CFR 89, Non-Road Tier 2 emissions limits, Permit # APC-2010/0036-C 5. Price Toyota, requests a natural minor permit to construct and operate four waste oil burners at its facility located at 168 North DuPont Highway, New Castle, Delaware. The burners have the combined potential to emit (PTE) 2.28 tons per year of particulate matter, 2.44 tons per year of sulfur oxides, 1.0 tons per year of nitrogen oxides, 0.12 tons per year of carbon monoxide, 20.8 pounds per year of lead, and 128 pounds per year of volatile organic compounds. By Permits APC-2010/0039-C, APC-2010/0040-C, APC 2010/0041 C, and APC-2010/0042-C actual emissions will not exceed 0.24 tons per year of particulate matter, 0.24 tons per year of sulfur oxides, 0.12 tons per year of nitrogen oxides, 0.016 tons per year of carbon monoxide, 2.4 pounds per year of lead, and 12.8 pounds per year of volatile organic compounds. The application for this permit may be reviewed at the offices of the Division of Air and Waste Management, 156 S. State Street, Dover, Delaware or 715 Grantham Lane, New Castle, Delaware. For additional information or for an appointment to review the application, please contact Joanna Austin at (302) 739 9402. A public hearing on any of the above applications will NOT be held unless the Secretary of DNREC receives a request for a hearing regarding that application within 15 days from the date of this notice, ending November 30, 2009. A request for a hearing shall be in writing. The request must also show a familiarity with the application and a reasoned statement of the permit’s probable impact. All comments and public hearing requests should be mailed to the following address: AIR QUALITY MANAGEMENT SECTION DIVISION OF AIR & WASTE MANAGEMENT 156 S. STATE STREET DOVER, DE 19901 (302) 739-9402

Start Date: 11/15/2009

End Date: 11/30/2009

Division: Water Resources

Notice Text: DNREC – Water Supply LEGAL NOTICE Well Permits New Castle County needs to temporarily construct a dewatering system for 15 points at a time that are 3’ apart and 20’ deep. These points are to repair a sewer in the Mariners Watch subdivision. The site is south of Kirkwood and St. Georges Road and east of Rt 71. The discharge water will be sent to the storm sewer. The site is about 2 miles west of St. Georges in New Castle County. The combined desired capacity of this well point system is 100 gpm. Kent County Levy Court needs to temporarily construct a dewatering system for 40 points at a time that are 10’ apart and 20’ deep. These points are to install sanitary sewer. The discharge water will go into a ditch and then Gravelly Run. The site location for the system is down Burris road west of Arthursville road. The site is about a 1/2 mile east of Hartly in Kent County. The combined desired capacity of this well point system is 400 gpm. Kent County Levy Court needs to temporarily construct a dewatering system for 40 points at a time that are 10’ apart and 16’ deep. These points are to install sanitary sewer. The discharge water will go into a ditch and then Gravelly Run. The project location is in the Hartly Mobile Home Park. The site is on the west side of Burris road about a 1/2 mile east of Hartly in Kent County. The combined desired capacity of this well point system is 400 gpm. Wayne Hendricks needs to construct an irrigation well that is 80 feet deep and 8 inches in diameter casing. The well is located about 800’ east of Bullock road south of Whitleysburg road. The site is about 8 miles west of Harrington in Kent County. The desired capacity of this well is 400 gpm. Patty Murray Water Supply Section 89 Kings Highway, Dover, DE 19901 (302) 739-9945 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 15 days from this notice. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and provides a reasoned statement of the action’s probably impact.