7 Del. Admin. Code § app C § 101-C-5.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 101-C-5.0 - Evaluation of Offset Proposals

5.1 The RAC recommended that the Department administer the environmental offsets in such a way as to counter the environmental impacts of a heavy industry use by matching the location and type of environmental impact as much as possible. As a result, a permit applicant must attempt to identify offset projects that are as geographically close as possible to the impact, as well as projects that are in the same environmental medium. Offset projects proposed for locations off of the nonconforming use site in a different environmental medium will be considered only if the applicant can show that it was not practicable to identify a project on the nonconforming use site in the same medium. Where environmental impacts of a project may affect neighboring communities, the Department encourages applicants to engage in meaningful dialogue with those communities in developing potential offset proposals.

5.2 The CZCPA specifically required that ongoing environmental impacts be offset on an annual basis. Although some environmental impacts may be ongoing, others may manifest themselves in a singular event. The Department will require offsets that correspond to the nature of either ongoing or discrete impacts accordingly. Applicants are required to submit a proposed schedule for completing offset projects and the Department will enforce deadlines for completion in the permit.

5.3 The Secretary shall make decisions on applicants' status decision requests and environmental impact assessments, in writing, based on all of the expected environmental impacts of the total project on the health of the Coastal Zone, including both positive and negative impacts. Impacts may be related to air and water emissions, or they may be related to other factors such as the viability of wildlife habitat, the protection of wetlands, or the creation or preservation of open space.

5.4 The Secretary shall consider likely cumulative impacts of proposed activities on the environment. The Secretary shall also give consideration to the potential for negative cumulative impacts in situations where cross-media offsets are proposed.

7 Del. Admin. Code § app C § 101-C-5.0

23 DE Reg. 222 (9/1/2019)
23 DE Reg. 322 (10/1/2019) (Final)