DNREC approves one of four US Wind permit applications

With local, state and federal agencies making decisions in the past few weeks, October was a busy month for the proposed offshore wind farm in federal waters due east of Ocean City, Md.

Beginning Oct. 18, Delaware Department of Natural Resources and Environmental Control Secretary Shawn Garvin issued an order approving one of four permit applications submitted by US Wind to DNREC that the company needs before it can make landfall at 3R’s Beach north of Bethany Beach. The approval does not allow any construction-related activities, said Garvin throughout the order.

The proposed offshore wind project comprises up to 121 wind turbine generators, up to four offshore substations, up to four offshore/onshore export cables, and one meteorological tower. As proposed, the cables would go under the dune into a vault in the parking lot of the state beach. From there – again, as proposed – the company would horizontal directional drill under Indian River Bay to a piece of land it purchased neighboring the Indian River power plant near Millsboro, where it plans to build a substation. 

The approved permit is related to a water quality certification. As part of the installation, US Wind has proposed jet plowing and hydraulically dredging up to 74,000 cubic yards of material from the bay and river.

“The department’s experts have conditionally certified that the proposed discharge will comply with Delaware’s surface water quality standards, provided the scope of US Wind’s proposed project remains unchanged, and the materials are sourced from the specific location and arranged in accordance with a turbidity minimization and monitoring plan,” said Garvin, in his order.

DNREC is still reviewing three other permit applications, but is expected to make a decision by the end of the year. Those applications include a subaqueous lands permit/lease from the Division of Water; a wetlands permit from the Division of Water; and a beach preservation coastal construction permit from the Division of Watershed Stewardship.

Motion to dismiss denied

During a hearing Oct. 22, the state’s Environmental Appeals Board denied a request by DNREC to dismiss an appeal filed by South Bethany property owner Edward Bintz.

Bintz filed his appeal in August. He’s questioning Garvin’s decision to conditionally concur with two certifications made by US Wind saying it met the state’s Coastal Management Program’s federal consistency policies and procedures. The two certifications are related to the project’s Construction and Operations Plan and the USACE Permits/Authorizations.

Bintz argues that US Wind’s analysis violates the CMP by failing to take into account reasonably foreseeable effects from the project. He also argues that DNREC’s published public notice failed to announce the availability of the federal certifications as well as other public notice issues.

Caroline Harrison, Department of Justice spokesperson, said a written decision on the denial will be forthcoming within 90 days of the ruling. Now that the motion to dismiss has been denied, the appeal can go forward on the merits, she said.

The appeal on the merits has not yet been scheduled, said Harrison.

Michael Globetti, DNREC spokesperson, said the department considers the matter pending and cannot comment at this time.

Marine mammal takes

Following more than a year of information gathering and public comment consideration, the National Marine Fisheries Service has issued regulations to govern the incidental taking of marine mammals during the construction of the offshore wind farm. The regulations were issued Oct. 23 and are in effect from Jan. 1, 2025, through Dec. 31, 2029.

Regulations include a number of provisions, including the establishment of seasonal moratorium on foundation impact pile driving; conducting visual and passive acoustic monitoring by trained observers; requiring training for all personnel; clearance and shutdown zones; requiring use of at least two sound attenuation devices; and the monitoring of the North Atlantic right whale sighting networks.

Lawsuit filed

Finally, on Oct. 25, Ocean City officials, along with those from Fenwick Island, retained Washington, D.C. law firm Marzulla Law to file a lawsuit against the Bureau of Ocean Energy Management regarding the US Wind project.

According to a press release issued by Ocean City the day the lawsuit was filed, the US Wind project, which involves the construction of 114 offshore wind turbines 10.7 miles off Ocean City’s coast at 938 feet tall, has raised substantial concerns among elected officials, residents, visitors and stakeholders of Ocean City. These concerns include potential negative impacts on the viewshed, local environment, tourism industry and the fishing community.

“We have a responsibility to protect our ecosystem, our economy, viewshed and our future,” said Ocean City Mayor Rick Meehan, in a prepared statement. “For the past seven-and-a-half years, we have been trying to work with the State of Maryland and the federal government to address our concerns with this project. All of our concerns were either ignored or considered insignificant. It is unfortunate that it has come to this, but the town was left with no choice but to file suit against BOEM and challenge their favorable record of decision on the US Wind project.”