DNREC to Hold Virtual Joint Public Hearing July 9 on Proposed Offshore Wind Project

The Delaware Department of Natural Resources and Environmental Control will hold a joint virtual public hearing Tuesday, July 9 at 6 p.m. on multiple permit applications and authorization requests made to DNREC by wind energy developer US Wind, Inc. involving Delaware aspects of the company’s proposed Maryland offshore wind project. The proposed project comprises up to four offshore/onshore export cables, of which portions would be located under Delaware-regulated wetlands and subaqueous lands in the Atlantic Ocean within Delaware state waters and the Indian River Bay.

The offshore/onshore export cables for the US Wind Maryland project are proposed to land in Delaware at 3R’s Beach parking lot in Delaware Seashore State Park and to interconnect into a proposed substation to be constructed adjacent to the Indian River Power Plant in Sussex County, Delaware. The proposed cabling covers 15.2 miles.

The proposed project will require permits and authorizations from DNREC for the installation of cable ducts and offshore/onshore export cables using horizontal direction drilling, dredging and trenching, and for the construction of a transition vault.

US Wind requires the following authorizations from two of DNREC’s divisions as follows:

Subaqueous Lands Permit – Division of Water
Water Quality Certification – Division of Water
Wetlands Permit – Division of Water
Beach Preservation Coastal Construction Permit – Division of Watershed Stewardship

For information on attending the joint virtual public hearing, and to register to make oral comment during the hearing, visit de.gov/dnrechearings. Closed captioning in over 20 languages, including English and Spanish, is available to attendees via the Zoom platform used for all DNREC public hearings. Anyone wishing to offer oral comments during DNREC Public Hearings must pre-register no later than noon of the date of the virtual hearing at de.gov/dnreccomments. The public comment period for the US Wind proposed offshore wind project will be open through Sept. 9, 2024. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. Mail to Ms. Lisa Vest, Public Hearing Officer, DNREC Office of the Secretary, 89 Kings Highway, Dover, DE 19901. Social media or text messaging platforms will not be accepted for submission to the record.

Copies of the US Wind permit applications to the two DNREC divisions, along with supporting documents, can be viewed online at de.gov/dnrecnotices. For additional details about the proposed project as involves Delaware, along with related documents, visit de.gov/uswind.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The DNREC Division of Water manages and protects Delaware’s water resources. The DNREC Division of Watershed Stewardship develops and implements innovative watershed assessment, monitoring and implementation activities. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, X (formerly known as Twitter) or LinkedIn.

Media Contacts: Michael Globetti, michael.globetti@delaware.gov; Nikki Lavoie, nikki.lavoie@delaware.gov;

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DNREC to Host Public Information Session in Lewes June 5 for Proposed Offshore Wind Project

Offshore wind developer US Wind, Inc. has submitted multiple permit applications to the Delaware Department of Natural Resources and Environmental Control for its wind energy project offshore of Maryland. To inform the public and engage Delawareans in the regulatory process, DNREC will host a public information session on Wednesday, June 5, from 4 to 7 p.m. at Beacon Middle School, 19483 John J. Williams Highway, Lewes, Del.

The offshore/onshore export cables are proposed to land at Delaware Seashore State Park’s 3R’s Beach parking lot near the DNREC building line and potential dune environments. It would interconnect into a proposed substation to be constructed on a tax parcel adjacent to the Indian River power plant in Sussex County. Portions of the proposed wind power export cables would be located under state-regulated wetlands and subaqueous lands in the Atlantic Ocean within Delaware state waters and the Indian River Bay. The proposed cabling covers 15.2 miles.

The public information session will provide Delawareans the opportunity to review US Wind’s permit applications for the proposed connector cables and substation. US Wind requires the following authorizations from two of DNREC’s division as follows:

Subaqueous Lands Permit – Division of Water
Water Quality Certification – Division of Water
Wetlands Permit – Division of Water
Beach Preservation Coastal Construction Permit – Division of Watershed Stewardship

At the public information session, Delaware residents and visitors can review display boards, engage with staff, federal partners, and the applicant and ask questions. The display boards, an online survey and other materials will be available after the session. Feedback from the public information session will inform the formal presentation for the Joint Virtual Public Hearing on July 9.

Written comments for the record will be accepted from now until Sept. 9, 2024, via email to DNRECHearingComments@delaware.gov; by using the online form at de.gov/dnreccomments; or by U.S. mail to Lisa A. Vest, Hearing Officer, Office of the Secretary, Delaware Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901. Social media or text messaging platforms will not be accepted for submission to the record.

For additional details about the project, along with related documents, the public is encouraged to visit DNREC’s website at de.gov/uswind.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov

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DNREC to Issue New Permits for Expansion of Bioenergy Devco’s Seaford Facility, Including Biogas Production

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The Delaware Department of Natural Resources and Environmental Control announced today that DNREC Secretary Shawn M. Garvin has approved permits associated with the expansion of Bioenergy Devco, LLC’s Seaford facility – an expansion which will enable the company to produce biogas at the company’s organic waste composting operation at the site. A DNREC Secretary’s Order issued today authorizes Bioenergy Devco (BDC) to construct an anaerobic digestion system, a wastewater pre-treatment system and a biogas upgrading plant. BDC currently accepts organic waste from poultry industry sources for composting.

The DNREC Secretary’s Order approves five new permits for BDC, including:

A Resource Recovery Permit from the DNREC Division of Waste and Hazardous Substances;
Two 7 DE Admin. Code 1102 Natural Minor air quality permits from the DNREC Division of Air Quality; and
Two wastewater facility construction permits from the DNREC Division of Water.

The permits are published at the DNREC website at de.gov/biodevco. The permitting process for BDC’s biogas production “included a significant amount of outreach to and from the community,” Secretary Garvin said in the DNREC order. “The permits being issued to BDC are reflective of the applications submitted to DNREC, the comments provided by the public on this matter during the public comment period and the Oct. 26, 2022 public hearing, as well as being consistent with our mission to protect human health and the environment.”

Once the permits are issued by the impacted DNREC divisions, BDC will be authorized by the State of Delaware to initiate the construction phase of the Seaford facility’s expansion. When construction has been completed and certified by DNREC, BDC will begin operating the anaerobic digester in addition to the existing composting facility. The anaerobic digester will produce cleaner gas and digestate. Composting operations at BDC’s Seaford facility have continued throughout the permitting process.

Once BDC’s expanded Seaford operations reaches full capacity, it will process an expected 250,000 tons of organic wastes from the poultry industry annually into stable compost which can be used regionally to replace chemical fertilizers – along with the biogas – renewable natural gas – to be produced and injected into Chesapeake Utilities’ pipelines for use by the utility’s Sussex County customers. BDC’s processing of poultry waste is expected to lessen the nutrient burden on local watersheds, helping to reduce pollution and nutrient runoff within Delaware and the Chesapeake Bay.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Air Quality monitors and regulates all emissions to the air. The DNREC Division of Water manages and protects Delaware’s water resources. The DNREC Division of Waste and Hazardous Substances ensures Delaware’s wastes are managed to protect human life, health, safety and the environment. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, Twitter or LinkedIn.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov

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Millsboro Wastewater Spill Closes Indian River Bay to Recreational Bivalve Shellfish Harvest Through Aug. 24

The Delaware Department of Natural Resources and Environmental Control has declared an emergency closure for recreational clamming and mussel harvest in Indian River Bay until Aug. 24. DNREC’s mandatory closure protective of public health came after a pump station connected to the town of Millsboro’s sanitary sewer system failed today, discharging raw sewage into the Iron Branch, a tributary of the Indian River, which flows into the bay.

The harvest of crabs, conch and finfish are not affected by the closure. Oysters grown commercially under aquaculture leases in Rehoboth Bay are not impacted or affected by the Indian River Bay closure. Recreational harvest of oysters is prohibited in Delaware.

The wastewater spill has potentially caused fecal contamination of shellfish in Indian River Bay, which according to National Shellfish Sanitation Program requirements, must be closed to bivalve shellfish harvest for 21 days to protect public health. The 21-day closure of shellfish harvest is a federal guideline that also gives bivalves time for natural cleansing.

DNREC also advises recreational water users to limit water contact in the upper Indian River Bay for the next few days, particularly in waters near the location of the spill.

The spill was stopped Wednesday afternoon. DNREC Division of Water staff are monitoring repairs at the Millsboro pump station. Delaware Fish and Wildlife Natural Resources Police working with the DNREC Delaware Shellfish Program are patrolling and monitoring Indian River Bay to enforce the closure of the bay to recreational bivalve harvest and to ensure recreational clammers are aware of it. More information about the closure and the Delaware Shellfish Program under DNREC authority can be found at de.gov/shellfish.

Media Contact: Michael Globetti, michael.globetti@delaware.gov; Nikki Lavoie, nikki.lavoie@delaware.gov

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DNREC Issues Notice of Violation to Owner of Pine Haven Campground Community for Ongoing Wastewater Issues

After a month-long investigation into reports of illegal wastewater discharge within the Pine Haven Campground Community located near Lincoln in Sussex County, the Delaware Department of Natural Resources and Environmental Control today issued a Notice of Violation (NOV) for wastewater violations to property owner Blue Beach Bungalows DE, LLC and parent company Blue Water Development Corp. of Ocean City, Md.

The NOV faulted the company for failure to possess appropriate on-site wastewater and disposal system permits as required by Delaware regulations, and cited violations beginning Dec. 9, 2022 for untreated wastewater surfacing above septic tanks and cesspool disposal areas within the campground community.

DNREC’s Division of Water began monitoring the situation at Pine Haven in early December, directing the property owner at that time to take corrective action that included performing frequent pump-outs of the onsite systems to alleviate surfacing, and to submit a plan that addressed ongoing violations.

The NOV memorializes these immediate corrective measures communicated by DNREC to company officials, and includes other corrective action requirements such as: fencing off impacted areas to prevent public contact with untreated wastewater; daily inspections and reporting of data to DNREC, and establishing a timetable for developing a permanent wastewater solution for Pine Haven residents.

Media Contact: Michael Globetti, michael.globetti@delaware.gov

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