Elevated arsenic concentrations were found in soil on the site of the future Black Oak residential community off New Road outside Lewes.

The Delaware Department of Natural Resources and Environmental Control recently released a remedial action report that details what the developer, SB Black Oak LLC, must do before any construction can begin.

According to the report, the undeveloped parcel has historically been used for agricultural purposes, including as an orchard. The site boundary comprises 24 acres within a larger 77-acre parcel.

A site-specific assessment completed in September 2023 found that the soil has been impacted by its longtime use for agricultural purposes. A remedial investigation was completed in September 2024. Arsenic and thallium exceeded DNREC screening levels in shallow soil. The levels are not acceptable for residential-use scenarios, the report states.

Site groundwater and soil gas will be evaluated and addressed in a different report.

A 20-day public comment period ran from Oct. 6 to Oct. 28. There were no comments from the public, so the proposed remedial plan was adopted as the final plan. 

The developer must submit a remedial action work plan to DNREC for approval within 60 days of the release of DNREC’s remedial action report. The developer must remove shallow soil with arsenic concentrations above residential standards and conduct a post-excavation sampling.

A contaminated materials management plan must be submitted to DNREC within 60 days of the release of DNREC’s remedial action report. The management plan will provide guidance to enable construction workers to safely handle any potentially contaminated soil at the site.

A remedial action completion report must be submitted to DNREC within 60 days of completion of the soil removal. Finally, a request for a certification of completion report must be submitted to DNREC within 60 days of the remedial action completion report.

The Sussex County Planning & Zoning Commission, at its Sept. 28, 2023, meeting, approved the final and landscape plans for Black Oak, a cluster subdivision with 127 single-family home lots on a 77-acre parcel along New Road near Lewes.