DNREC announces revised sediment and stormwater regulations for Delaware will go into effect Feb. 11

The logo for the Department of Natural Resources and Environmental ControlDOVER – Revised Delaware sediment and stormwater regulations from the Department of Natural Resources and Environmental Control will become effective Feb. 11, DNREC Secretary Shawn M. Garvin announced today. The regulations were developed with diverse public participation through a Regulatory Advisory Committee (RAC), Secretary Garvin said, with RAC members forging a consensus on a range of regulatory issues.

The revised sediment and stormwater regulations announced today correct a previous procedural flaw in the prior adoption of regulations by DNREC, as initially determined by the Delaware Superior Court, and later upheld by the State Supreme Court. Revisions to the regulations that go into effect this month included incorporating parts of the former DNREC Technical Document guidance into the actual regulations, consistent with the judicial opinions.

The revisions also address legislative changes with regard to the runoff from the most frequent rainfall event; stormwater volume control; stormwater management for redevelopment; and plan approvals for construction of residential, utility and poultry house projects.

In addition to addressing legislative actions, the revised regulations include simplified criteria for the approval of smaller, less impactful projects. The revised regulations include standards and specifications for each of 17 post-construction stormwater management best management practices (BMPs), and expand the section in the regulations on stormwater offsets to include details regarding fees-in-lieu, banking and stormwater management offset districts.

The revised stormwater and sediment regulations can be found at http://www.dnrec.delaware.gov/swc/Pages/SedimentStormwater.aspx

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

Vol. 49, No. 21

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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 Wednesday, Sept. 12 in New Castle

The logo for the Department of Natural Resources and Environmental ControlDOVER – The fourth meeting of the Coastal Zone Conversion Permit Act Regulatory Advisory Committee (RAC) will be held from 9 a.m. – noon, Wednesday, Sept. 12, at DNREC’s Lukens Drive Office at 391 Lukens Drive, New Castle, DE 19720.

More information about the Sept. 12 RAC meeting (including the agenda) can be found on the state public meeting calendar at https://publicmeetings.delaware.gov/Meeting/60440.

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

  • Offsets, Tuesday, Sept. 11, DNREC’s Lukens Drive Office (Pat Ellis Conference Room), 391 Lukens Drive, New Castle, DE 19720, 9 a.m.
  • Economic Effect, Tuesday, Sept. 11, Grass Dale Conference Center, 108 Reedy Point Road, Delaware City, DE 19706, 9 a.m.
    • Environmental Impact, Wednesday, Sept. 12, DNREC’s Lukens Drive Office (Conference Room B), 391 Lukens Drive, New Castle, DE 19720, 1 p.m.
  • Risk Evaluation and Financial Assurance, Wednesday, Sept. 19, location and time to be determined (TBD)
  • Offsets, Tuesday, Sept. 25, TBD
  • Economic Effect, Tuesday, Sept. 25, New Castle County Government Center (Executive Office Conference Room), 87 Read’s Way, New Castle, DE 19720, 9 a.m.
  • Environmental Impact: Wednesday, Sept. 26, DNREC’s Lukens Drive Office (Conference Room B), 391 Lukens Drive, New Castle, DE 19720, 1 p.m.

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.

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

Vol. 48, No. 240


Coastal Zone Conversion Permit Act Regulatory Advisory Committee to meet Aug. 21 in New Castle

DOVER – The third meeting of the Coastal Zone Conversion Permit Act Regulatory Advisory Committee (RAC) will be held from 9 a.m. – 12:45 p.m., Tuesday, Aug. 21, at the Buena Vista Conference Center, 661 S.The logo for the Department of Natural Resources and Environmental Control DuPont Highway, New Castle, DE 19720.

Following the RAC meeting, the four Coastal Zone Conversion Permit Act work groups – covering Economic Effect, Environmental Impact, Risk Evaluation and Financial Assurance, and Offsets, as cited in the CZCPA – will hold an introductory meeting at the same location from 2 – 4 p.m. The four CZCPA Work Groups will be providing the RAC with support on technical subject areas.

More information about the Aug. 21 RAC and Work Group meetings can be found on the State Public Meeting Calendar at https://publicmeetings.delaware.gov/Meeting/60271.

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.


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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