The Delaware Environmental Appeals Board sided with a Sussex County resident’s arguments that DNREC approved an incomplete US Wind application for its offshore Maryland project.
Federal Consistency, established in 1972, says that projects authorized by a federal permit must show that their plans are consistent with Delaware’s Coastal Zone Management policies.
The state’s application criteria include activity of a project or facility and related facilities, along with the cumulative effects of those.
Jane Brady, representing Sussex County resident Edward Bintz, argued that US Wind’s application to bring power onshore in Sussex County lacks information the state normally requires to give its conditional approval.
She said US Wind’s application focuses on the location of cables and fails to discuss cumulative effects of turbines.
"Clearly, if the cable is attached to a turbine, it's a related facility, and they totally ignored the turbines," she said. "One of the biggest issues, of course, for Sussex Countians is the visibility of the turbines is going to affect property values, tourism, business..."
Bintz's statement of appeal claims DNREC's coastal management program is supposed to, "consider the public's interest in any proposed activity which might affect the use of subaqueous lands and provides a nonexclusive list of factors to be considered."
The hearing this week challenged federal consistency requirements for two permits: Construction and Operations Plan (COP) and the USACE Permits and Authorization.
A COP permit, overseen in the Bureau of Ocean Energy Management, requires description of, "all planned facilities that you will construct and use for your project, including onshore and support facilities and all anticipated project easements."
USACE's Authorization for the Army Corps of Engineers is known as a public interest review.
Brady said unlike other permits the USACE's " is a broader consideration of the whole project."
Delaware Environmental Appeals Board voted 5-1 to order DNREC to reconsider, applying relevant information.
Brady said it’s possible DNREC will appeal the decision to Delaware Superior Court or US Wind may update its application.
If neither of those courses are taken, it will follow the Board of Appeal's direction to re-evaluate US Wind's application and its concurrence with Delaware laws.
