DNREC: End in sight for Black Oak soil cleanup

Need for additional sediment, stormwater measures delay construction

An aerial view of the 77-acre parcel on New Road near Lewes that will become the Black Oak cluster subdivision. DNREC is working to remove contaminated soil, before construction can begin. The agency said the work will be done by fall. NICK ROTH PHOTOS

An opposite aerial view of the parcel that will become Black Oak. DNREC said two-thirds of the contaminated soil within the 24-acre site boundary has been removed, as of late July.

A drone photo submitted by Stephen Bunting shows runoff from the Black Oak parcel into Black Hog Gut. Bunting claimed a fence designed to stop the runoff failed and created a “direct pipeline” to the marsh. DNREC said the runoff occurred after an unusual rain event and the soil in that area had already been remediated. SUBMITTED PHOTO

Bill Shull

August 2, 2025

Event Date:

Mon, 07/28/2025 - 11:30 am

An opposite aerial view of the parcel that will become Black Oak. DNREC said two-thirds of the contaminated soil within the 24-acre site boundary has been removed, as of late July.

The removal of contaminated soil at the site of the future Black Oak residential community on New Road near Lewes is expected to be completed in the next few months, according to the Delaware Department of Natural Resources and Environmental Control.

Elevated arsenic concentrations were found at the site last year.

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.

DNREC released a remedial action report that details what the developer, SB Black Oak LLC, must do before any construction can begin.

DNREC’s remediation section said the cleanup is making progress.

• Contaminated soil has been removed from the surface to 6 inches and down to 12 inches in some places

• As of July 25, two-thirds of the 24 acres have been remediated and reported with sample results

• All contaminated soil is to be removed by the fall of 2025.

Drone photos of the back of the property taken July 2 by Stephen Bunting, a concerned citizen, showed light-colored runoff into Black Hog Gut. Bunting claimed the developer installed a small fence that was intended to hold back the rain water. But, he said, it failed and created a “direct pipeline” for forever chemicals to run into the marsh.

In response, DNREC said, “The photos were taken after an unusual rain event that led to the approved sediment and stormwater measures being flooded in the northeastern edge of the site. This is being addressed with oversight from the DNREC Sediment and Stormwater Section with additional measures being implemented.”

DNREC said the runoff occurred in an area that had already been remediated.

DNREC said there is no construction currently taking place on two-thirds of the site due to the need for additional sediment and stormwater measures.

DNREC said, “The Sussex Conservation District will take over the stormwater management oversight of the construction of the permanent sediment and stormwater plan after the last report of remedial action is received and approved by DNREC and a Certification of Completion Report is issued by the DNREC Remediation Section.”

Black Oak is a cluster subdivision with 127 single-family home lots on the 77-acre parcel.

The Sussex County Planning & Zoning Commission approved the final and landscape plans in September 2023.

P&Z approved the amenities plan in March.

Editor’s note: This story has been updated to correct the amount of contaminated soil removed from the site. DNREC provided information to the Cape Gazette indicating the numbers were in feet, but they were actually in inches.

An opposite aerial view of the parcel that will become Black Oak. DNREC said two-thirds of the contaminated soil within the 24-acre site boundary has been removed, as of late July.