DNREC announces release of Coastal Zone Conversion Permit Act Regulatory Advisory Committee Report

DNREC LogoDover — The Department of Natural Resources and Environmental Control announced today that DNREC Secretary Shawn M. Garvin has released the Final Report and Recommendations of the Coastal Zone Conversion Permit Act Regulatory Advisory Committee (RAC). The report was presented to DNREC by the RAC Chairman, retired Delaware Supreme Court Justice Randy Holland, and contains the committee’s recommendations regarding the regulatory approach and content of new regulations for Delaware’s Coastal Zone Act governing conversion permits.

HB 190, the Coastal Zone Conversion Permit Act, was signed into law by Governor John Carney in August 2017. The Act authorizes DNREC to issue permits for construction and operation of new heavy industry uses within 14 existing sites of heavy industry use within the state’s Coastal Zone. It also authorizes DNREC to issue permits for the bulk transfer of products under certain circumstances. The Act requires DNREC to develop and promulgate regulations for the issuance of conversion permits by Oct 1, 2019.

“The RAC’s recommendations will serve as the guide to DNREC as we draft the conversion permit regulations,” said Secretary Garvin. “I greatly appreciate the time and effort of the RAC members and I commend them in their ability to not only develop the recommendations, but to work together to reach consensus on almost all of their recommendations. I thank Justice Holland and our facilitators from the Consensus Building Institute for their incredible leadership in this process that will serve as the gold standard for future regulatory advisory committees.”

RAC recommendations in the CZCP report address several key topic areas, including:

  • Environmental impact
  • Economic effect
  • Offsets
  • Financial assurance
  • Plans for potential impacts of sea level rise and coastal storms
  • Cross-cutting issues (that affect more than one of the other CZCP key topic areas, such as permit duration, renewal, modifications, revocation, reporting and monitoring)

DNREC will now prepare draft regulations that will be published in the Delaware Register on June 1, 2019. The draft regulations will go through a full regulatory development process, including public comment and a public hearing to be held later in June.

To view or download a copy of the CZCP report, please visit de.gov/conversionpermits. To receive updates on the regulatory process for developing the conversion permit, you can also subscribe to the Coastal Zone Act email listserv by sending a blank email to join-dnrec_coastal_zone@lists.state.de.us.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 49, No. 115

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Coastal Zone Conversion Permit Act Regulatory Advisory Committee to meet Nov. 7 in New Castle

DOVER – The sixth meeting of the Coastal Zone Conversion Permit Act Regulatory Advisory Committee (RAC) will be held at 9 a.m., Wednesday, Nov. 7, at DNREC’s Lukens Drive Office, Pat Ellis Conference Room and Conference Room B, 391 Lukens Drive, New Castle, DE 19720. More information about the Nov. 7 RAC meeting, including the agenda, can be found on the state public meeting calendar at https://publicmeetings.delaware.gov/Meeting/60812.

The four CZCPA Work Groups – Economic Effect, Environmental Impact, Risk Evaluation and Financial Assurance, and Offsets – also each meet regularly to provide the CZCPA RAC with support on technical subject areas. Work Group meetings scheduled in November are:

  • Offsets (tentative meeting), 9 a.m.-noon, Tuesday, Nov. 15, DNREC’s Lukens Drive Office, Conference Room B, 391 Lukens Drive, New Castle, DE 19720.
  • Environmental Impact, 1-4 p.m., Wednesday, Nov. 28, DNREC’s Lukens Drive Office, Conference Room B, 391 Lukens Drive, New Castle, DE 19720.
  • Economic Effect (tentative meeting), 9 a.m.-noon, Wednesday, Nov. 28, DNREC’s Lukens Drive Office, Pat Ellis Conference Room, 391 Lukens Drive, New Castle, DE 19720.
  • Risk Evaluation and Financial Assurance (tentative meeting), 1-4:30 p.m., Wednesday, Nov. 28 (Note: This meeting is rescheduled from Nov. 29), DNREC’s Grantham Lane Office, West Wing Conference Room, 715 Grantham Lane, New Castle, DE 19720.

The next CZCPA RAC meeting is scheduled for Tuesday, Dec. 11, starting at 9 a.m. at the Bellevue Community Center, 510 Duncan Road, Wilmington, DE 19809.

All RAC meetings and related CZCPA Work Group meetings are open to the public. Information about future meetings also can be found on the Coastal Zone Conversion Permits webpage. For more information, the public can sign up for the Coastal Zone Conservation Permit Act listserv by sending a blank email to join-dnrec_coastal_zone@lists.state.de.us.

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 302


Coastal Zone Conversion Permit Act Regulatory Advisory Committee to meet Tuesday, Oct. 9 in New Castle

The logo for the Department of Natural Resources and Environmental ControlDOVER – The fifth meeting of the Coastal Zone Conversion Permit Act Regulatory Advisory Committee (RAC) will be held at 9 a.m., Tuesday, Oct. 9, at Buena Vista Conference Center, Buck Library, 661 South Dupont Highway, New Castle, DE 19720. More information about the Oct. 9. RAC meeting, including the agenda, can be found on the state public meeting calendar at https://publicmeetings.delaware.gov/Meeting/60646.

The four CZCPA work groups – Economic Effect, Environmental Impact, Risk Evaluation and Financial Assurance, and Offsets – also each meet bi-weekly to provide the CZCPA RAC with support on technical subject areas. Work group meetings scheduled in October are:

  • Offsets, 1 p.m., Tuesday, Oct. 9, Buena Vista Conference Center (Buck Library), 661 South Dupont Highway, New Castle, DE 19720.
  • Economic Effect, 1 p.m., Tuesday, Oct. 9, Buena Vista Conference Center, Dining Room, 661 South Dupont Highway, New Castle, DE 19720.
  • Risk Evaluation and Financial Assurance, 1 p.m., Tuesday, Oct. 16, DNREC’s Grantham Lane Office, West Wing Conference Room, 715 Grantham Lane, New Castle, DE 19720.
  • Offsets, 9 a.m., Tuesday, Oct. 23, Blackbird DNERR, 801 Blackbird Landing Road, Townsend, DE 19734.
  • Economic Effect, 9 a.m., Tuesday, Oct. 23, New Castle County Government Center, Executive Office Conference Room, 87 Reads Way, New Castle, DE 19720.
  • Environmental Impact, 1 p.m., Wednesday, Oct. 24, American Birding Association, 93 Clinton Street, Delaware City, DE 19706.
  • Risk Evaluation and Financial Assurance, 1 p.m., Tuesday, Oct. 30, DNREC’s Grantham Lane Office, West Wing Conference Room, 715 Grantham Lane, New Castle, DE 19720.

Upcoming monthly CZCPA RAC meetings, each starting at 9 a.m., are scheduled for the following dates and locations, locations and times:

All RAC meetings and related CZCPA Work Group meetings are open to the public. Information about future meetings also can be found on the Coastal Zone Conversion Permits webpage. For more information, the public can sign up for the Coastal Zone Conservation Permit Act listserv by sending a blank email to join-dnrec_coastal_zone@lists.state.de.us.

Media inquiry: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 272

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Coastal Zone Conversion Permit Act Regulatory Advisory Committee to meet Tuesday, Oct. 9 in New Castle

DOVER – The fifth meeting of the Coastal Zone Conversion Permit Act Regulatory Advisory Committee (RAC) will be held at 9 a.m. , Tuesday, Oct. 9, at Buena Vista Conference Center, Buck Library, 661 South Dupont Highway, New Castle, DE 19720. More information about the upcoming RAC meeting, including the agenda, can be found on the state public meeting calendar at https://publicmeetings.delaware.gov/Meeting/60646

The four CZCPA work groups – Economic Effect, Environmental Impact, Risk Evaluation and Financial Assurance, and Offsets – also each meet bi-weekly to provide the CZCPA RAC with support on technical subject areas. Work group meetings scheduled in October are:

-Risk Evaluation and Financial Assurance, 1 p.m., Wednesday, Oct. 3, Grassdale Conference Center, 108 Reedy Point Road, Delaware City, DE 19706.

-Offsets, 1 p.m., Tuesday, Oct. 9, Buena Vista Conference Center (Buck Library), 661 South Dupont Highway, New Castle, DE 19720.

-Economic Effect, 1 p.m., Tuesday, Oct. 9, Buena Vista Conference Center, Dining Room, 661 South Dupont Highway, New Castle, DE 19720.

CANCELLED: Environmental Impact, 1 p.m., Wednesday, Oct. 10.

-Risk Evaluation and Financial Assurance, 1 p.m., Tuesday, Oct. 16, DNREC’s Grantham Lane Office, West Wing Conference Room, 715 Grantham Lane, New Castle, DE 19720.

-Offsets, 9 a.m., Tuesday, Oct. 23, Blackbird DNERR, 801 Blackbird Landing Road, Townsend, DE 19734.

-Economic Effect, 9 a.m., Tuesday, Oct. 23, New Castle County Government Center, Executive Office Conference Room, 87 Reads Way, New Castle, DE 19720.

-Environmental Impact, 1 p.m., Wednesday, Oct. 24, American Birding Association, 93 Clinton Street, Delaware City, DE 19706.

CANCELLED: Environmental Impact: 1 p.m., Thursday, Oct. 25.

-Risk Evaluation and Financial Assurance, 1 p.m., Tuesday, Oct. 30, DNREC’s Grantham Lane Office, West Wing Conference Room, 715 Grantham Lane, New Castle, DE 19720.

Upcoming monthly CZCPA RAC meetings, each starting at 9 a.m., are scheduled for the following dates and locations:

-Wednesday, Nov. 7, DNREC Lukens Drive Office, 391 Lukens Drive, New Castle DE 19720

-Tuesday, Dec. 11, Bellevue Community Center, 510 Duncan Road, Wilmington, DE 19809

All RAC meetings and related CZCPA Work Group meetings are open to the public. Information about future meetings also can be found on the Coastal Zone Conversion Permits webpage. For more information, the public can sign up for the Coastal Zone Conservation Permit Act listserv by sending a blank email to join-dnrec_coastal_zone@lists.state.de.us.

Media contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902.

Vol. 48, No. 265

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DNREC announces members of Coastal Zone Conversion Permit Regulatory Advisory Committee and sets first committee meeting for Thursday, June 14 in Delaware City

The logo for the Department of Natural Resources and Environmental ControlDOVER – After extensive stakeholder input and a public nomination process, Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin announced members of the Coastal Zone Conversion Permit Regulatory Advisory Committee and the committee’s chair. The Regulatory Advisory Committee (RAC) will provide guidance and feedback to DNREC on development of Coastal Zone regulations that are required to be in place for issuance of conversion permits by Oct. 1, 2019.

The committee’s first meeting is scheduled for Thursday, June 14 from 9 a.m. – 4 p.m. at the American Birding Association Headquarters, 93 Clinton Street, Suite ABA, Delaware City, DE 19706. Committee meetings are open to the public.

“Delaware’s Coastal Zone means different things to different people, and those concerns and interests deserve to be represented and considered fairly in this regulatory development process,” said DNREC Secretary Garvin. “We are grateful to the women and men volunteering their time to the Committee and this important cause.”

The members of the Regulatory Advisory Committee have diverse backgrounds, experiences, and perspectives related to Delaware’s Coastal Zone that will guide DNREC in developing this new permitting program. Representatives come from environmental organizations, business and industry, affected communities, technical fields, public health, and other diverse backgrounds.

The Coastal Zone Conversion Permit Regulatory Advisory Committee will be chaired by Justice Randy J. Holland. Justice Holland was appointed to the Delaware Supreme Court in 1986, when, at 39 years old, he became the youngest person to be appointed to the Court. He retired from the Supreme Court in March 2017 after serving for over 30 years. Recognized as an expert on corporation law, corporate governance, appellate practice, and state constitutional law, Justice Holland has written more than 700 reported opinions, which include many seminal corporate law decisions. Justice Holland has written, co-authored, or edited nine books, and also has published several law review articles, primarily focused on corporate law, judicial ethics and legal history. He has taught corporate governance, appellate practice, and state constitutional law as an adjunct professor for many years. He has been recognized as one of the leading influencers on business ethics in the United States.

Members of the Coastal Zone Conversion Permit Regulatory Advisory Committee are:

  • Jennifer Adkins, Partnership for the Delaware Estuary
  • William Ashe, International Longshoreman’s Association 1694
  • Neeraj Batta, Batta Environmental
  • Brenna Goggin, Delaware Nature Society
  • Michael Hackendorn, Delaware Building and Construction Trades Council
  • Ron Handy, Boys & Girls Club of Delaware and Route 9 Corridor Coalition
  • S. Douglas Hokuf, New Castle County
  • Herb Inden, City of Wilmington
  • Tim Konkus, Delaware City Marina & Main Street Delaware City, Inc.
  • Dr. Awele N. Maduka-Ezeh, Division of Public Health Medical Director
  • James Maravelias, AFL-CIO
  • Dr. Eugene McCoy, Council of Civic Organizations of Brandywine Hundred, Inc.
  • Jerry Medd, Pilots’ Association for the Bay and River Delaware
  • Jeffrey Richardson, University of Delaware and Imani Energy
  • Robert Whetzel, Richards, Layton & Finger Law Firm and Delaware State Chamber of Commerce
  • Dolores Whilden, resident, Claymont
  • Marian Young, Brightfields Inc.

Passed by the General Assembly and signed by Governor Carney in August 2017, the Coastal Zone Conversion Permit Act allows for permitted industrial construction and operation in 14 existing sites of heavy industry use, and in certain circumstances, permitted bulk product transfer, within Delaware’s Coastal Zone. The Act requires DNREC to develop regulations determining how the permitting program will operate and defining specific requirements regarding environmental impact assessments, economic impact assessments, financial assurance, and environmental offsets.

DNREC requests that those planning to attend the June Regulatory Advisory Committee meeting notify the Department by emailing Brittany.Klecan@delaware.gov, or by calling 302-735-3480. For more information, visit de.gov/conversionpermits, or call 302-735-3480.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

No. 48, No. 148

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