Triggered missed date from extending Publication of Public Notice (Agency Action) within 30 days of its current target date which was 09/30/2022 and extended to 01/26/2024
Cooperating under NEPA
Description:
Department of Army authorization from the US Army Corps of Engineers Wilmington District is required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (RHA). Activities that require authorization include: Installation and scour protection of up to 60 wind turbines, one off-shore electrical service platform, installation of inter-array cables, and export cables from the Wind Development Area to the State Waters of Virginia (3nm from VA coast).
Milestones:
On April 6, 2021, the project sponsor indicated they are agreeable to submitting the initial permit application 30 days prior to BOEM's anticipated issuance of the draft EIS, which would be September 1, 2022.
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.
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.
-
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Current Target Date: 05/18/2026 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 11/27/2023 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 06/12/2023 -
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Current Target Date: 05/18/2026 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Current Target Date: 08/28/2023
The Corps anticipates making a permit decision on or before November 1, 2023, 90 days after BOEM's target date of August 3, 2023 for Issuance of a Record of Decision. However, this date will be subject to dependencies, including but not limited to 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.
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.
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.
All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS
ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED
SECTOR
Renewable Energy Production
CATEGORY
Project Category
FAST-41 Covered Projects
LEAD AGENCY
Department of the Interior, Bureau of Ocean Energy Management
View FAST-41 Postings by Agencies
Description:
Update: In June 2022, the project name changed from Kitty Hawk Wind Project to Kitty Hawk North Wind Project to reflect the segmenting of the project.
The purpose of the Kitty Hawk North Wind Project is to develop a commercial-scale, offshore wind energy facility in Commercial Lease OCS-A 0508 offshore North Carolina, with up to 69 total wind turbine generators, 1 offshore substation (also called “electrical service platform”), inter-array cables, 1 onshore substation, and up to 2 transmission cables making landfall in Virginia Beach, Virginia, and connecting to the Pennsylvania-New Jersey-Maryland (PJM) Interconnection energy grid. Kitty Hawk is actively seeking one or more power purchase agreement awards for this project. The project is intended to substantially contribute to the region’s electrical reliability and help Virginia achieve its renewable energy goals as stated in the Virginia Clean Economy Act.
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.
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.