Posted on December 12, 2024
After receiving the federal go-ahead last week, US Wind has now secured approval from the Delaware Department of Resources and Environmental Control (DNREC) to proceed with its Maryland offshore wind project.
While the 80,000 acres of land hosting the 114 turbines will be off the coast of Maryland — 11 miles away from Ocean City — the 3R’s Beach parking lot in Sussex County will serve as the access point for power cables that will be routed under the Indian River Bay.
After months of public hearings and over 400 public comments, DNREC approved a Subaqueous Lands Permit, Wetlands Permit and Beach Preservation Coastal Construction Permit for the project.
As conditions of the permits, US Wind must adhere to strict monitoring and safety requirements, as in performing detailed reporting during both construction and operations, provide compensatory mitigation activities and funding to address potential environmental concerns and follow an approved Emergency Response Plan for actions related to unanticipated occurrences.
The compensatory mitigation package includes things like monitoring fish and shellfish populations, recreational access facilities improvements throughout the inland bays and maintenance and research funding among financial support for several other projects.
Delaware Sea Grant’s Offshore Wind Energy Research Associate Kathryn Lienhard says these mitigation efforts have been meticulously thought out in reference to Delaware’s unique environmental and economic needs.
“I know a lot of folks are concerned about the horseshoe crab, and US Wind is required to do no construction activities from about mid-April to late September, which correlates with their mating season,” she explains. “And in addition to that, construction related to dredging is limited from March to September also, due to tourism. So I think it’s important to remember that [the Bureau of Ocean Energy Management] and US Wind are taking into account the different users of the bay and ocean when thinking about construction activities.”
These requirements build upon agreements made during initial negations, including 150,000 renewable energy credits for Delaware annually — an estimated lifetime value of $76 million — funding for dredging projects in Delaware’s coastal areas, clean energy workforce development training at Delaware colleges and schools, an environmental education scholarship fund and a Resiliency Fund for climate change projects at State Parks.
US Wind is still awaiting approval from Sussex County Council to build a new substation near an existing substation at the Indian River Power Plant.
While the project seems to be progressing in a timely fashion, Lienhard notes the project is currently facing two indirect lawsuits targeting the permitting process and the environmental impacts.
The first was filed by Delaware-based think tank the Caesar Rodney Institute, commercial fisherman Paul “Wes” Townsend and charter boat captain and commercial clammer George Merrick against DNREC in September, alleging the department violated proper permitting procedures.
While the proper permits hadn’t been approved at the time, the lawsuit argues US Wind must obtain the zoning permit before it can acquire the remaining DNREC permits, which have now been issued.
The plaintiffs’ counsel, Jane Brady, did not immediately respond for a request to comment.
The second was filed in October by the Town of Ocean City, along with several local organizations and entities, against the Bureau of Ocean Energy Management (BOEM), alleging that the environmental review for the project was inadequate, citing climate change concerns and potential impacts on the North Atlantic right whale.
Leinhard says cases like these have largely been unsuccessful in the past due to only citing general concerns.
“There’s a lot of thought that’s put into the extensive environmental review for these projects, so in order for litigation to succeed, they have to be really specific, and the agencies are responsible for making sure that the approvals are kind of airtight,” she explained.
The large-scale future of offshore wind in the U.S. is also uncertain with the incoming administration of President-elect Donald Trump, who in a May speech promised to “end” offshore wind on “day one” via an executive order.
