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FAST-41 Missed Date:Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act: Publication of Public Notice (Agency Action)

Submitted by bonnie.houghto… on

Triggered missed date from extending Publication of Public Notice (Agency Action) within 30 days of its current target date which was 08/30/2022 and extended to 09/01/2022

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Nicole Woodward
POC Title:
Regulatory Project Manager

Description:

Department of Army authorization from the US Army Corps of Engineers Norfolk District is required pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.  Activities that require authorization include: Offshore, the installation/construction of up to 205 wind turbine generators (WTGs) and three Offshore Substations. The trenching and placement of the Inter-Array Cables, and Export Cables to the proposed landing locations. Temporary ports and laydown areas will also be required. The onshore components of the project will consist of the construction of up to two Cable Landing Locations, Horizontal Directional Drilling of the Cable Landing Location(s) to a Collector Station at Naval Air Station Oceana, Interconnection Cables above or below ground from the Collector Station to the existing Onshore Fentress Substation. An aquatic resource delineation and jurisdictional determination will be performed to determine the impacts to Waters of the US.

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Milestone Details

On April 5, 2021, the project sponsor indicated that they expect to submit an application 30 days prior to the publishing of the Draft EIS.

Applicant submitted an incomplete application, ahead of schedule on May 17, 2022 (target date July 3, 2022).

 

 

Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Current Target Date:
Milestone Details

The Corps anticipates working closely with the sponsor to ensure the initial application contains all the
items needed for a complete application. It is anticipated that any completeness items needed after the
initial submittal will be received within 15 days of the initial submittal. 

The target date is changing from 7/17/22 to 8/15/22 as per the applicant's schedule for submitting the required information.

 

 

Publication of Public Notice (Agency Action)
Current Target Date:
Milestone Details

A public notice will be issued to coincide with BOEM's target date for publication of the Official Notice of Availability of a draft EIS in the Federal Register so long as the Corps has received a complete application by that date.

If the BOEM Notice of Availability date is rescheduled and the Corps has a complete application, a public notice will be issued within 15 days of complete application determination.

Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The Corps anticipates making a permit decision on or before September 29, 2023, 120 days after BOEM's target date of June 1, 2023 for Issuance of a Record of Decision.  However, this date will be subject to dependencies, including but not limited to a delineation and jurisdictional determination of aquatic resources, conclusion of consultations pursuant to Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and the Magnuson-Stevens Fishery Conservation and Management Act.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination.  Note should the BOEM ROD decision date change, the Corps permit decision date would be adjusted accordingly to maintain the 120 day decision making timeframe.

Finally, the district may require a mitigation plan compliant with the Corps/EPA 2008 Joint Mitigation Rule and information regarding alternatives from the project sponsor prior to rendering a permit decision.  Should submission of any required information be delayed, the district reserves its right to adjust this Target Completion Date as necessary.

Milestone
Publication of Public Notice (Agency Action)
Current Target Date:
Milestone Details

A public notice will be issued to coincide with BOEM's target date for publication of the Official Notice of Availability of a draft EIS in the Federal Register so long as the Corps has received a complete application by that date.

If the BOEM Notice of Availability date is rescheduled and the Corps has a complete application, a public notice will be issued within 15 days of complete application determination.

Project

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
04/09/2024

11 out of 11

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Department of the Interior

LEAD AGENCY
Department of the Interior, Bureau of Ocean Energy Management

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of the Army

Department of the Army, US Army Corps of Engineers - Civil Works

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Environmental Protection Agency

Environmental Protection Agency

Description:

Dominion Energy is proposing to construct, own, and operate the Coastal Virginia Offshore Wind (CVOW) Commercial Project (the Project). The Project will be located in the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Offshore Virginia (Lease No. OCS-A-0483) (Lease Area). The Lease Area, located within Official Protraction Diagram NJ18-11 Currituck Sound, covers approximately 112,799 acres (45,658 hectares) and is approximately 27 statute miles (23.75 nautical miles, 43.99 kilometers) off the Virginia Beach coastline.

FAST-41 provides increased transparency and predictability by requiring Federal agencies to publish comprehensive permitting timetables for all "covered" projects, and provides clear procedures for modifying permitting timetables to address the unpredictability inherent in the environmental review and permitting process for significant infrastructure projects. For more information, see "The FAST-41 Process" at  https://www.permits.performance.gov/fpisc-content/fast-41-process

field_status
System Comments
Triggered missed date from extending Publication of Public Notice (Agency Action) within 30 days of its current target date which was 08/30/2022 and extended to 09/01/2022
Approver Comments
The Public Notice date was delayed by two days because the project sponsor will be delayed by two days when submitting the complete application. By regulation, USACE has 15-days from the date of a complete application to publish the public notice. Therefore, it is appropriate to exempt this from nonconformance due to applicant delay and agency regulation.
Previous Action Status
New Action Status
Missed Date Process
No
Missed Date Triggered by Extension
Yes
New Milestone
Publication of Public Notice (Agency Action)
Current Target Date:
Milestone Details

A public notice will be issued to coincide with BOEM's target date for publication of the Official Notice of Availability of a draft EIS in the Federal Register so long as the Corps has received a complete application by that date.

If the BOEM Notice of Availability date is rescheduled and the Corps has a complete application, a public notice will be issued within 15 days of complete application determination.

Response Date