The Coastal Zone Industrial Control Board will hear an appeal by Atlantic Concrete Company of a Coastal Zone Status Decision. This hearing has been postponed and may be rescheduled at a future date.

The hearing has been postponed because the parties have agreed to stay the appeal for ninety days while they address whether the issues in this appeal may be mooted or resolved.

The Coastal Zone Industrial Control Board (CZICB) will hold a public hearing on Appeal No. 2025-01, filed by Atlantic Concrete Company, and Motion of Julian Karpoff for Leave to Intervene as a Party and Suggestion of Lack of Subject Matter Jurisdiction.

Appellants challenge the Secretary of the Delaware Department of Natural Resources and Environmental Control’s Decision on CZA-446SD, which requires a standard CZA permit for the 2001 parcel adjacent to the 4.97-acre parcel on Old Orchard Road, in Lewes, that Atlantic Concrete has owned since before the CZA was enacted.

The parties may present evidence, be represented by counsel and appear personally. The Board shall reach its decision based on the evidence presented at the hearing.

The Board may affirm or reverse the decision of the Secretary of DNREC with respect to applicability of any provision of Chapter 70, Title 7 of the Delaware Code to a proposed use; may modify any permit granted by the Secretary, grant a permit denied by the Secretary, deny a permit or confirm the Secretary’s grant of a permit. Provided, however, the Board may grant no permit for uses prohibited in Section 7003, Title 7 of the Delaware Code.

This will be a hybrid hearing with an in-person option at the DNREC Auditorium in Dover and a virtual option via Webex.