DOVER – DNREC’s Division of Energy & Climate will hold a public hearing this month on newly proposed regulations for the evaluation, measurement and verification of energy efficiency programs recommended by Delaware’s Energy Efficiency Advisory Council. The public hearing is scheduled for 6 p.m., Monday, Aug. 29, in DNREC’s Auditorium, Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.

The Energy Efficiency Advisory Council is a collaborative group of stakeholders representing utilities, industry, residents, agencies and partners that was established by the General Assembly to create and implement energy efficiency programs and wise energy-use practices across the state. As utilities make their plans for providing energy-efficiency solutions, DNREC is developing a set of regulations that will outline methods for evaluating projects and measuring their effectiveness, known as Evaluation, Measurement and Verification (EM&V) regulations.

The proposed regulations can be found on the Division of Energy & Climate website. For more information, please contact Emily St. Clair at 302-735-3366 or email Emily.StClair@delaware.gov.

About the Energy Efficiency Advisory Council
The Energy Efficiency Advisory Council is comprised of representatives from DNREC, energy providers, large and small businesses, manufacturers, low-income and residential populations, Delaware’s Sustainable Energy Utility (SEU) and other interested parties affected by energy efficiency standards, including environmentalists and agriculturalists. The Council also collaborates with the Public Service Commission and the Public Advocate. Together, the council members work to reach Delaware’s energy efficiency goals while ensuring that all energy efficiency and reduction programs are cost-effective.

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

Vol. 46, No. 289

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BLADES, Del. – 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 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 aesthetic judging by Gallery 107 of Seaford, 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 is $30 the week of the event, July 31-Aug. 6. 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 Blades United Methodist 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 www.delawarewatersheds.org, or by emailing Phil Miller or calling 302-290-3578.

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

Vol. 46, No. 264

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DOVER – DNREC Secretary David Small has issued a Cease and Desist Order to McGinnis Auto & Mobile Home Salvage, LLC, for violations of 7 Delaware Administrative Code and Delaware’s Regulations Governing Solid Waste.  The Order requires the company to stop receiving and dismantling mobile homes; to properly dispose of or recycle all solid wastes and piles of construction and demolition waste on the premises; to provide certain documentation for business activities; and to submit a completed Resource Recovery Facility Permit Application.

McGinnis Auto & Mobile Home Salvage, LLC, located at 4160 Downs Chapel Road in Clayton, received a Notice of Violation (NOV) from DNREC in August 2015 citing the company for operating a materials recovery facility without a permit and improper disposal of a solid waste. The facility failed to come fully into compliance with the NOV and a follow-up site visit in March 2016 found that violations were ongoing – including, but not limited to, operating without a permit.

The Secretary’s Order can be found  on the DNREC website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

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

Vol. 46, No. 287

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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 148^th 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 38^th 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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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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