October 11, 2024 — A South Bethany property owner has filed an appeal challenging the state’s review of two federal consistency certifications for the proposed US Wind offshore wind project that’s planned for the ocean waters off the coast of Maryland, but has a landfall connection north of Bethany Beach at 3R’s Beach. The state’s Environmental Appeals Board has scheduled Tuesday, Oct. 22 hearing on a motion to dismiss the appeal.
Edward Bintz, a Virginia-based attorney who owns property in South Bethany, issued an appeal in August of Delaware Department of Natural Resources and Environmental Control Secretary Shawn 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 other public notice issues.