Resident Curatorship Program
Delaware State Parks
By terms of your Curatorship Agreement, you must obtain all necessary licenses, permits, inspections, and approvals necessary for the work you do.
You are also held responsible for compliance with all applicable federal, state, and local laws.
It is important for you to be aware that any person or entity who clears, grades or otherwise disturbs an area on state property exceeding 5,000 square feet surface area, or involving more than 100 cubic yards (equal to ten dump truck loads) of earth, must prepare and implement a sediment runoff mitigation plan that has been approved by the Department of Natural Resources and Environmental Control, or by your county’s sediment control agency (if the county has one).
Also, it is unlawful for anyone to “add, introduce, leak, spill, or otherwise emit soil or sediment into waters of the state or to place soil or sediment in a condition or location where it is likely to be washed into waters of the state by runoff or precipitation or by any flowing waters.” The term “waters of the state” is broadly defined to include “public ditches, tax ditches, and public drainage systems within the state.”
Finally, “a state agency may not undertake any land clearing, soil improvement, or construction activity involving soil movement unless the agency has submitted and obtained approval of a storm water management plan from the Department of Natural Resources and Environmental Control." Since curators are working as agents of the state, the enforcement people in the Department will apply this part of the law to curators.
To avoid possible penalties, anytime you contemplate work that would fall under the purview of this law, contact your park Superintendent or Administrator and discuss it with him/her so he/she is aware of your plans.
Since your park Superintendent/Administrator will know what procedures are applicable in your county, follow their advice.