Environmental groups question CleanBay decision
Food & Water Watch and Sussex Health and Environmental Network have issued a letter to Sussex County Council and Sussex County Planning and Zoning Commission claiming the commission's action to allow a lapsed conditional-use permit to remain in effect for CleanBay Renewables' facility south of Georgetown is unlawful.
Citing photo and video evidence demonstrating the company’s failure to construct at the site before the Aug. 1 deadline established in Sussex County code, the groups are requesting the commission reconsider its approval of the company’s lapsed permit.
At their Sept. 9 meeting, commissioners agreed the poultry litter recycling project is substantially underway, a determination used by the county to gauge the status of a conditional use. Once approved, developers have three years to start a project. CleanBay Renewables' conditional use was approved July 31, 2018.
Following a site visit, county planning and zoning staff submitted a letter to the commission stating the project was not substantially underway and the conditional use had lapsed.
The company disputed the decision and sent a letter outlining progress on the project, asking the commission to determine whether or not the project was substantially underway.
“I'm inclined to give the applicant the benefit of the doubt based on what's in their letter,” said Commission Chairman Bob Wheatley. “We have rather broadly interpreted ‘substantially underway’ over the years, and I see no reason to deviate at this point. At least this puts them on notice they better get something started.”
Commissioner Kim Hoey Stevenson noted the final site plan for the project had just recently been approved.
“Approvals for these types of things, because they are different and new, take longer anyway,” Wheatley added.
The protesting groups issued the following statement: “Given the unlawful decision, Food & Water Watch and Sussex Health and Environmental Network request that the the Sussex County Planning and Zoning Commission reconsider its determination, and inform CleanBay that their conditional use permit is null and void as of Aug. 1, and that therefore no construction or use of the site under that non-existent conditional-use approval is permitted.”
In a letter from Kristi Shaw, CleanBay director of environmental and regulatory compliance, she said clearing of the right of way, roadway and parking area has taken place. In addition, she said, the company is working with Melvin Joseph Construction Co. on scheduled improvements at the site, which commenced before the end of the 3-year period.
Plant will recycle poultry litter
CleanBay Renewables received a conditional-use permit to build a chicken litter nutrient recovery/electrical generation facility on a 17-acre parcel at the intersection of Route 113 and Breasure Road.
The plant can process up to 250 tons of litter per day during a 24-hour operation.
Methane gas will be produced using an enclosed anaerobic digestive/fermentation process that will power generators to provide electricity to the power grid. The company has signed a contract with Delaware Electric Cooperative to purchase the electricity.
Some of the litter will be recycled through a nutrient recovery facility where phosphorus and nitrogen will be separated into a granular phosphorus product to be trucked to markets in the Midwest where it is in great demand. Leftover nitrogen would be turned into a soil product and sold to fertilizer companies.
