The Division of Water will conduct a public hearing (Docket #2021-P-W-0016) on the Subaqueous Lands Lease and Wetlands Permit application for Abby L. Pubusky and Thomas A. Taylor II to conduct wetland restoration and construction activities in Herring Creek. Public comment period closed.

Note: This hearing was rescheduled from July 28, 2021.

The applicants propose to conduct wetland restoration activities and construct a 3 ​foot wide by 150 foot long wetland walkway in State-regulated wetlands; to remove the existing docking facility and construct a 4 foot wide by 10 foot long fixed pier, a 3 foot wide by 10 foot long gangway, a 6 foot wide by 6 foot long floating platform, a 6 foot wide by 40 foot long floating dock and a 6 foot wide by 10 foot long floating jet ski platform in Herring Creek located at 23854 Brant Circle, The Cove, Lewes.

For additional information and to review this application, contact Julie R. Molina, DNREC Wetlands and Subaqueous Lands Section, 89 Kings Hwy., Dover, DE 19904, by phone at (302) 739-9384, or by email at Julie.Molina@delaware.gov.

Those wishing to offer verbal comments during DNREC public hearings must pre-register no later than noon of the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9295.

The Department will accept public comment through the close of business on Sept. 9, 2021.

Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address below.

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: Technical Response Memorandum
– Appendix B: Draft Subaqueous Lands Lease
– Appendix C: Draft Wetlands Permit

Secretary’s Order No. 2023-W-0028 — Approving applications of Abby L. Pubusky and Thomas A. Taylor, II for a Subaqueous Lands Lease and a Wetlands Permit to construct a new wetland walkway and docking facility located in Herring Creek, 23854 Brant Circle, The Cove, Lewes, Sussex County, Delaware.
(Effective Date: Nov. 21, 2023)

DNREC Exhibits

Exhibit 1: State Law (7 Del.C. Chapter 72 and 7 Del.C. Chapter 66) and State Regulations (Regulations Governing the Use of Subaqueous Lands and Wetlands Regulations)

Exhibit 2: Application (Amended July 23, 2021)

Exhibit 3: Notice and comments

• Initial public notice of the project and comments received
• Revised public notice and comments received
• Public notice of the hearing of the original hearing date.
• Public notice of the rescheduled hearing date and notice of that date on the State Public Meeting Calendar

Exhibit 4: Jurisdictional Determination

Exhibit 5: Department Presentation

Applicant’s Exhibits

Exhibit 1: Photo 1

Exhibit 2: Photo 2

Exhibit 3: Photo 3

Exhibit 4: Photo 4

Exhibit 5: Photo 5

Exhibit 6: Photo 6

Exhibit 7: Letter of No Objection

Public Comments