Gov. Markell signs Senate Bill 261 establishing dedicated funding for DNREC’s waterway management operations and responsibilities

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At the bill-signing ceremony for funding DNREC’s Delaware waterway management operations were, front row, left to right: State Rep. Ron Gray; State Sen. Gerald Hocker; Gov. Markell; State Rep. Ruth Briggs King; back row: Bob Collins, James Hanes, and Molly Struble, Center for the Inland Bays; Rob Whitford, Delaware Waterway Management and Financing Advisory Committee; DNREC Secretary David Small, and Speaker of the House Pete Schwartzkopf. /DNREC photo

DELAWARE SEASHORE STATE PARK – Today at the Indian River Marina with DNREC Secretary David Small, legislators, and members of the Delaware Waterways Management and Financing Advisory Committee looking on, Governor Jack Markell signed legislation that establishes a dedicated and sustainable funding  source for the state’s waterway management operations. Sponsored by Senator Gerald Hocker and Representatives Ronald Gray and Ruth Briggs King, Senate Bill 261 allocates increased revenue from the state’s boat registration program to a newly-created Waterway Management Fund for the exclusive support of Delaware’s waterway management operations, as directed by DNREC, to keep channels open and safe for boaters.

“Improving the navigation of Delaware’s waterways supports our economy and tourism, as well as commercial and recreational fishing,” said Gov. Markell. “With almost 60,000 boats registered in Delaware, this legislation is a critical step toward improving the safety and access of our waterways for the boating public. I want to thank the bill sponsors, the Delaware Waterway Management and Financing Advisory Committee, and DNREC for their work in establishing dedicated funding for waterway management operations.”

Fishing is integral to state and local economies. According to American Sportfishing Association, the economic value of recreational fishing in Delaware is almost $150 million annually, while the commercial fishing industry’s annual value is estimated at about $10 million. However, commercial and recreational boaters continue experiencing difficulties in navigating the state’s waterways due to the buildup of silt and sediment along main channels.

“This legislation is essential in helping DNREC achieve its mission of keeping Delaware waterways safe and navigable for boaters,” said DNREC Sec. Small. “The responsibility for dredging and channel marking in federally authorized waterways has fallen to DNREC in recent years, but during an era of challenging state budgets, funding has not kept pace with need. Having a dedicated revenue stream will be a great boost to our waterway management program.”

DNREC estimates the increase in boating registration fees will generate approximately $1.3 million annually. Priorities for dredging in the state include many channels in the Inland Bays where boating activity is the highest. Massey’s Ditch, connecting Rehoboth and Indian River Bays, the Lewes & Rehoboth Canal, Herring Creek, Love Creek, and Whites Creek are all in need of dredging. The Massey’s project is estimated to cost $4 million, the Lewes & Rehoboth Canal project is estimated at $2.4 million, and Herring Creek project is estimated at $2.4 million. Planning and engineering costs for Love Creek and Whites Creek are estimated at $700,000.

Since 1970 DNREC has dredged waterways to maintain adequate depths in them. Over the years, waterway management activities have been conducted solely with General Fund and Bond Bill appropriations provided by the state legislature. Due to substantial reductions in federal funding and assistance, DNREC is now responsible for the dredging and maintenance of all but three of the 20 federal channels in Delaware, as well as having responsibility for additional waterway activities, including navigational channel marking and removal of derelict vessels and debris.

To address the funding needs, the Delaware Waterway Management and Financing Advisory Committee was created in 2014 by Senate Resolution 64 and directed to develop recommendations for sustainable and dedicated funding for waterway management activities statewide. The Committee was comprised of a broad range of interests, including legislators, recreational boaters, commercial watermen, fishing interests, dock and marina owners, and business owners with staff and support provided by DNREC. In 2015 the committee recommended increasing boat registration fees as a funding source for waterway management operations, which led to Senate Bill 261.

Sen. Hocker (R-Ocean View) said, “With tourism being so important to this state, it is a must that we do all we can to keep our bays in the best condition possible for our boaters, for both recreational and commercial activities. Fishing, clamming, crabbing, and waterskiing are just a few examples of why it’s important to keep our channels open and properly marked. As a result of the U.S. Coast Guard turning this responsibility over to the states, a task force was formed for the purpose of coming up with a revenue source necessary for dredging operations. The 148th General Assembly passed legislation, SB 261, to ensure a dedicated revenue source of an estimated $1.3 million to be used for our channel dredging and marking. This represents about 1/3 of the monies needed annually.”

Rep. Gray (R-Selbyville), who served on the Delaware Waterways Management and Financing Advisory Committee, stated that “This is a very good day for the people of Sussex County and, in particular, the residents of the 38th District. Our committee spent months looking at a lot of different options on how to fund the much-needed dredging of our waterways. Establishing a dedicated funding source from revenue generated by people who use the waterways made the most sense. I am confident that this will enable our state to continue cleaning waterways in order to keep boaters and other recreational users as safe as possible.”

Rep. Briggs King (R-Georgetown) said she was “thrilled to be part of today’s bill signing. Ensuring our waterways are clean for safe boating and recreational use is essential to our tourism industry in Sussex County, as well as to our residents’ quality of life. Channel dredging, especially in parts of my district, cannot start soon enough. This funding source will go a long way to help address the serious and very legitimate concerns that many of us have been hearing over the years from our boating community.”

Highlights of Senate Bill 261:

  • Doubles current boat registration fees, with the increased revenue allocated to the Waterway Management Fund.
  • The remaining half of total boat registration revenue will continue to be used to administer the boat registration program and for boating education and safety.
  • Requires that Waterway Management Fund revenues are used exclusively to support navigational channel dredging and marking and debris removal from waterways
  • Increases the current service charges being retained by licensing agents to offset the costs of processing boat registration and boat ramp certificates.

The legislation becomes effective January 1, 2017.

Contact: Melanie Rapp, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 265

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Amended Delaware Regulations Governing Beach Protection and Use of Beaches go into effect Aug. 11

DOVER – Final  amendments to Delaware’s Regulations Governing Beach Protection and the Use of Beaches – that implement legislative changes to the state’s Beach Preservation Act and clarify and codify the process for construction to help preserve the state’s fragile dune and beach system – will go into effect Aug. 11. The amendments, pursuant to 7DE Admin. Code §5102, were approved July 15 in an order signed by DNREC Secretary David Small, and will be submitted to the State of Delaware’s Register of Regulations for publication Aug. 1. 

Delaware’s Beach Preservation Act was passed in 1972 as the General Assembly recognized that Delaware’s beaches were rapidly deteriorating due to a combination of natural processes and continuing encroachment. DNREC was charged through the act to enhance, preserve and protect the public and private beaches of the state and to mitigate beach erosion and minimize storm damage.

A significant amendment to the Beach Preservation Act was passed by the General Assembly in 1996, requiring DNREC to take additional steps to minimize the impacts on the beach and dunes from any construction that took place seaward of the building line established to protect coastal dunes. The methodology for achieving the objective stated in the legislation was developed by the Department as a set of procedures and guidance that became known as “The Four-Step Process.” This guidance had not been incorporated into Delaware’s beach regulations until now.

“Delaware’s beaches and dunes are among our most vulnerable natural resources, a significant driver behind our state’s economy and critical to protecting our coastal areas,” said Secretary Small. “Incorporating the Four-Step Process into the regulation, as it has existed and been applied during the past 20 years, assures consistency, transparency and certainty for the public. It also allows the development and redevelopment of these sensitive areas to occur in an orderly and equitable fashion.”

Current Regulations Governing Beach Protection and the Use of Beaches were adopted in 1983. Since then, several amendments have been made to Delaware’s Beach Preservation Act that had not yet been incorporated into the regulations, along with several procedures used over the years to guide DNREC’s mission as stated in both the Beach Preservation Act and the state regulations for beach protection and use.

Notable proposed changes include:

  • Changes to the Beach Preservation Act (Del. Code Title 7, Ch. 68) define a “Regulated Area,” which requires formal approval for construction activities for the first three buildable lots landward of the Mean High Waterline. “Regulated area” is the specific area within the defined beach that DNREC is directed to regulate construction of, to preserve dunes and to reduce property damage. The regulated area shall be from the seaward edge of the beach to the landward edge of the third buildable lot in from the mean high water line. This revision expands the amount of lots required to get approval in some areas and reduces it in others. Changes to the Act mandated this change in the regulations.
  • The Regulations incorporate amendments to the Beach Preservation Act (Del. Code Title 7, Ch. 68), which direct DNREC to consider the effects of beach nourishment, where maintained to engineering standards, when existing houses located seaward of the Building Line are being reconstructed after being destroyed by an “Act of God or other accidental event.”
  • Placement and approval of temporary structures are directly addressed in the revised regulations. The placement of temporary structures related to an event lasting 72 hours or less will be exempt from getting approval.
  • The Four-Step Process for requiring proposed structures seaward of the Building Line to minimize encroachment onto beach and dunes, which is currently Department policy, is incorporated into the revised regulations.

 

Secretary’s Order 2016-WS-0023 about the amended regulations, as signed by Secretary Small, can be found on the DNREC website at: http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Regulations.aspx. Paper or electronic copies of the regulations may be requested by contacting DNREC’s Division of Watershed Stewardship’s Shoreline & Waterway Management Section at (302) 739-9921.

CONTACT: Michael Globetti, DNREC Public Affairs 302-739-9902

Vol. 46, No. 262

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Reclaim Our River Program to hold third annual Recycled Cardboard Boat Regatta Aug. 6 on Nanticoke River

BLADES – The third annual Recycled Cardboard Boat Regatta – presented by the Delaware Nature Society’s Abbott’s Mill Nature Center, in conjunction with DNREC’s Division of Watershed Stewardship’s Reclaim Our River Program, the Town of Blades and the Nanticoke River Sail & Power Squadron – will cast off on Saturday, Aug. 6 at the Nanticoke River Public Marine Park, 26 N. Market Street, Blades, DE 19973. Sign-in and registration begin at noon, with judging of boats’ appearances at 1 p.m. and races starting at 2 p.m.

The Recycled Cardboard Boat Regatta is open to anyone who can build a boat from recycled cardboard and paddle it approximately 200 yards to the regatta finish line. First-place awards will be given for winners of races in four different categories: individual, family, clubs and businesses, and non-profits and government organizations.

Boats may be any size, shape or design, but must be made of recycled cardboard. They may (and should) be painted with multiple coats of any one-part polyurethane or enamel paint. Special awards will be given for “Best Constructed Boat,” “Best Decorated Boat,” “Best Team Effort” and “Most Whimsical Boat.” Decorations may be removed after judging, prior to the race start. Also, spectators will be asked to pick a “People’s Choice” award winner, while a special “Titanic Award” will be given for the best and “Most Dramatic Sinking!”

Participants can register the day of the event, but are encouraged to start building their boats as well as registering early for a discounted fee of $20. Registration fee the week of the event, July 31-Aug. 6, will be $30. Participants are encouraged to challenge others to race in the cardboard regatta and can do so by choosing the challenge option during registration to ensure both parties will be in the same race.

During the event, attendees can enjoy music, grilled and baked foods as well as snacks and beverages from the Mt. Olivet Church, and find information from the Reclaim Our River (ROR) partnership on how to protect Delaware’s waterways.

The ROR partnership also welcomes event sponsors with proceeds going toward event costs, river restoration and water quality education. Sponsorships begin at $50.

More information, rules, flyer and an event entry form are available at Recycled Cardboard Boat Regatta, or by contacting Matt Babbitt at mailto:matt@delnature.orgor 302-422-0847, Ext.102.

A video from the past two years of the Recycled Cardboard Boat Regatta can be found here: https://www.youtube.com/watch?v=rDqFDY7eQWU

The Reclaim Our River – Nanticoke Series is devoted to bringing monthly events, workshops and recreational activities to the Nanticoke Watershed. The series offers participants fun opportunities to connect with Delaware’s waterways and provides important information on water quality that can help in protecting aquatic resources.

CONTACT: Philip Miller, DNREC Division of Watershed Stewardship, 302-672-1149, or philip.miller@delaware.gov

Vol. 46, No. 247


DNREC accepting grant proposals for wastewater and surface water project planning through August 4

DOVER – DNREC’s Division of Watershed Stewardship and the office of Environmental Finance are now accepting project proposals from state, county and municipal governments and governmental subdivisions for matching grants for wastewater and surface water project planning. Proposals must be received by close of business (4:30 p.m.), Thursday, Aug. 4.

Eligible projects include planning, preliminary engineering and feasibility analysis of: wastewater projects; stormwater retrofits; green technology practices; stream and wetland restoration projects; small watershed studies; master surface water and drainage plans; and other source water pollution control projects.

Grant applications of up to $50,000 will be considered with a 1:1 cash match requirement. Up to 10 percent of the grant funds may be used for administrative costs. There is an annual cumulative grant award cap of $100,000 per successful applicant per fiscal year.

The Wastewater and Surface Water Matching Planning Grant programs are set-asides in the State’s Clean Water Revolving Fund. Projects will be recommended for funding by the Delaware Water Infrastructure Advisory Council through a competitive grant process. New for this grant cycle are insurance requirements of the grant recipient.

For a Wastewater Matching Planning Grant, the project guidelines and the application can be found online by clicking Wastewater Matching Planning Grant. Proposals must be submitted by email (less than 10 megabytes) to Greg.Pope@delaware.gov.

For a Surface Water Matching Planning Grant, the project guidelines and the application can be found online at Surface Water Matching Planning Grant. Proposals must be submitted by email (less than 10 MB) to James.Sullivan@delaware.gov.

For more information, please contact Greg Pope, DNREC Environmental Finance, at 302-739-9941 or Jim Sullivan, Division of Watershed Stewardship, at 302-739-9922.

Contact: Melanie H. Rapp, DNREC Public Affairs, 302-739-9902                      

Vol. 46, No. 245


Grand prize winner and youth finalists announced for DNREC’s 2016 rain barrel art contests

DOVER – Rain barrels that won distinction from DNREC for the artists whose creativity went into them in the Division of Watershed Stewardship’s Rain Barrel Painting Contest have been announced, and are now on display at the Delaware Agricultural Museum – preeminent among them this year’s grand prize-winning entry in the adult division by Nathan Zimmerman.

DNREC sponsors the rain barrel painting contest and a youth competition annually to educate the community on the benefits of using rain barrels to reduce rainwater runoff and improve water quality. Twenty participants were chosen to give their artistic touch to the contest based on their applications, design ideas and site placements for their barrels. Individuals or teams chosen to participate in the contest each received a fully-assembled, primed 55-gallon plastic barrel, topcoat and bubble wrap; the artists supplied their own paint, brushes and other materials or tools. They were given five weeks to finish their artistry and submit final photographs and information about their work, as well as a short biography of themselves.

Nathan Zimmerman’s grand-prize winner, “Early to Rise at Sundown,” depicting a barred owl perched over water (adjacent photo) will be on display at the DNREC building during the Delaware State Fair and finally will be in use at Woodburn, the Governor’s Residence in Dover. Mr. Zimmerman, an artist from Milton, also provided narrative about his winning rain barrel: “Often heard caterwauling from the tree tops, the barred owl is a resident of treed swamps and mature forests and is the perfect embodiment of a watershed warrior. Whether while working at Trap Pond State Park or hunting along Bundicks Branch the barred owl has always put a smile on my face when the ‘noise’ starts. The background was inspired by the countless sunsets I’ve watched while hunting in the marshes along the Broadkill River.”

Other finalists included:

  • Artist: Diane Buckingham
    Title: “Holding the Key.”
    Description: “My design illustrates the flow of water through all of earth’s Biosystems, the interconnectedness and interdependency of all life on water, with man ultimately holding the key to its health or detriment.”
  • Artist: Lynn Patrice Farina
    Title: “Butterflies and Flowers”
    Description: “I painted my rain barrel depicting Delaware native plants and butterflies. I painted watering cans on the rain barrel to show how a rain barrel can be used to water plants in an economic and environmentally friendly way. Native flowers painted on the rain barrel include: Awned Meadow Beauty, Swamp Rose Mallow, Nodding Bur Marrigold, Trumpet Creeper, Cardinal Flower and Showy Aster. Native butterflies painted on the rain barrel include: Viceroy, Kings Hairstreaks, Clouded Sulpher, and Orangetips.
  • Artist: Bruce McKinney
    Title: “Sweetwater”
    Description: “The title of this year’s rain barrel ‘Sweetwater’ is a simplistic entry for what else? – a rain barrel. It represents the needs for humans to incorporate this system in your home or business for wildlife. According to the National Wildlife Federation, humans extract water from the ground and as a result, the water table may drop, damaging habitats miles away. Here it is represented by a raccoon in your empty rain barrel in search of water.”
  • Artist: Donna Reed
    Title: “Playing in the Rain”
    Description: “Playing in the Rain evokes the joys of childhood and an innocent appreciation of nature. Featuring two children splashing puddles in a field of flowers; this barrel was painted in the rain to help blend the colors and cause the drips to run down. Rain water was used to thin the paints. Eight rain poems were written by Wilson School students as part of a poetry unit and in support of our school garden.”

In the youth division five finalists have been chosen from online voting, with the Grand Prize winner to be voted on and announced at the Delaware State Fair. Youth finalists included:

  • Delmarva Christian School – (Sophia Birl, Savannah Stewart, Chloe Wilson)
    Title: “Reign of the Sea”
    Description: “The reason we chose an underwater design for our rain barrel is because we want to inspire people to help save our waterways.”
  • Maclary Elementary – 4th Grade (Alec Ciesinski, Owen Reazor, Alex Ozor)
    Title: “United States of Water”
    Description: “Our barrel symbolizes America using a collage of national symbols. We changed these images to show the importance of conserving water. The wings of the eagle, our national symbol, represent the American flag, and each of the fifty stars is represented as a water droplet. The Statue of Liberty, an American landmark, is holding a simple water bottle instead of a torch. We believe that rain barrels should be used nationwide.”
  • Maclary Elementary – 4th Grade (Jordan Short, Katrina Endres, Ella Baldwin, Olivia Kessler)
    Title: “Nature Preservers”
    Description: “Our barrel represents nature’s beauty with and without water. What inspired us to come up with the theme of “Nature Preservers” is how we have the privilege of having almost unlimited water – or at least we think we do, but we don’t! The more water we use, the less water we have, and the less beautiful our environment becomes. So when we use rain barrels we are giving back to our community.”
  • Rachel Santos – Phillip C. Showell Elementary
    Title: “Mrs. Minion”
    Description: “All of my friends talk about Minions. I know that everyone loves Minions, so that is why I drew Mrs. Minion.”
  • Kara Scarangella – Saint Thomas More Academy
    Title: Tiki – H2O Progenitor
    Description: “My water barrel represents a Tiki Totem Pole showing a water god with the word ‘water’ within its mouth. This uses the Polynesian culture to show a Tiki – H2O progenitor (‘to bring forth’) of water for the people and to show how to use it in a responsible way. Inspiration used for this water barrel is the totem pole in Bethany.”

For more information about the rain barrel painting contests, including photos of the entries, please click 2016 Rain Barrel Art Contest. For more information on the contests, please contact Sara Wozniak at sara.wozniak@delaware.gov or 302-382-0335.

What is a Rain Barrel? A rain barrel is a container that collects and stores the water from roofs and downspouts for future uses such as watering lawns, gardens, and house plants; cleaning off gardening tools; and washing your car. Rain barrels help lower your water bills, particularly in the summer months by collecting thousands of gallons of water a year. Rain barrels are also important for our environment because they help reduce water pollution by decreasing the amount of stormwater runoff reaching our streams and rivers. An average rainfall of one inch within a 24-hour period can produce more than 700 gallons of water that run off a typical house. Such stormwater runoff picks up anything on the ground such as litter, excess fertilizer, pet waste, and motor oil, transporting it to storm drains that dump the untreated water directly into our waterways.

Contact: Phil Miller, DNREC Watershed Assessment and Management Section, 302-739-9939 or philip.miller@delaware.gov

Vol. 46, No. 244