DNREC approves US Wind permits allowing offshore tie-in

About a week after gaining federal approval, US Wind has received approval from Delaware Department of Natural Resources and Environmental Control to bring cables from its offshore wind farm ashore at 3R’s Beach north of Bethany Beach.

DNREC Secretary Shawn Garvin issued an order Dec. 9.

“I find and conclude that the record supports finalization and approval of the draft subaqueous lands permit, subaqueous lands lease, wetlands permit, and coastal construction permit, as prepared by the department’s subject matter experts,” said Garvin.

The Bureau of Ocean Energy Management approved US Wind’s construction and operations plan Dec. 3.

The secretary approved another permit earlier this fall 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.

US Wind’s proposed project comprises up to 121 wind turbine generators, up to four offshore substations, up to four offshore export cables and one meteorological tower in ocean waters due east of Ocean City, Md. The offshore export cables are proposed to land at 3R’s Beach, north of Bethany Beach, and interconnect into a proposed substation that would be constructed on land adjacent to the Indian River power plant.

According to a press release from DNREC as part of the approval, US Wind’s Maryland offshore wind project includes about 15 miles of export cables under the state’s subaqueous jurisdiction.

DNREC held a community information session and a formal public hearing, receiving more than 400 comments during the public comment period from April to September 2024. Public feedback helped shape DNREC’s review and final decision.

As conditions of the permits, US Wind will be required to: perform detailed monitoring and reporting during both construction and operations; provide compensatory mitigation activities and funding to address potential environmental concerns and public use impacts; follow an approved Emergency Response Plan for actions related to unanticipated occurrences; and establish financial assurance to provide for any future decommissioning activities.

Key elements of the compensatory mitigation package include: fish and shellfish studies and population monitoring; recreational access facilities improvements throughout the Inland Bays; establishment of a maintenance and research fund; funding in support of the development and operation of a commercial shellfish docking facility; annual funding to the aquaculture startup grant fund; financial contributions for fisherperson compensation claims; funding to support the construction and operation of a submerged aquatic vegetation restoration facility; financial support for habitat restoration and shoreline protection projects in the Inland Bays; and funding for training and infrastructure improvements needed to support the Emergency Response Plan.

At the Sussex County level, US Wind, under the name Renewable Redevelopment LLC, is working its way through a conditional-use permitting process so it can build a substation on 140 acres of land it purchased near the Indian River power plant. As proposed, 23.5 acres of the parcel would be used for the substation.

The Sussex County Planning & Zoning Commission approved the conditional use in early July, but Sussex County Council has not voted on the matter yet. The group conducted a hearing in late July, but, as of deadline Dec. 9, council has not voted on the matter.

Additionally, there are at least two lawsuits pending on the issue – a federal one filed by Ocean City and Fenwick Island officials, and a state one filed by the Caesar Rodney Institute and local watermen. There’s also an appeal before the state’s Environmental Appeals Board that has not been acted on. DNREC tried to get that appeal dismissed, but the EAB denied that request in October, and a hearing on the appeal has not yet been scheduled.