Triggered missed date from extending Completeness determination (Agency Action) within 30 days of its current target date which was 08/03/2022 and extended to 08/15/2022
Description:
A Section 408 Permission may be required pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408 (Section 408). A USACE Real Estate decision and associated Outgrant may also be required. A determination will be made on these requirements once adequate documents from the applicant are received to support a proper evaluation of the proposed activity relative to the nearby US Army Corps of Engineers Civil Works Projects and assets.
Milestones:
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
04/09/2024
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
Other Agencies with Actions or Authorizations:
Department of the Army, US Army Corps of Engineers - Civil Works
Department of the Army, US Army Corps of Engineers - Regulatory
Department of the Interior, Fish and Wildlife Service
Department of Commerce, National Oceanic and Atmospheric Administration
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.
Initial application received
Completeness determination
Issuance of decision for permit/approval
In a subsequent update by USACE on 7/21/22, 4 milestones show up at the backend of the dashboard:
Initial application received
Complete application submitted
Completeness determination
Issuance of decision for permit/approval
Complete application submitted is a new milestone that was added. However, only 3 Section 408 milestones show up on the public-facing dashboard.
In May, the date for initial application was 7/3/22 and the completeness determination was 8/3/22. In July, the date for initial application was marked complete at 5/17/22 since the application was submitted early, the date for the new complete application submitted became 7/15/22. I have an email from the PS stating that 7/15 was when they planned to submit their updated application. Therefore, the completeness determination milestone then became 8/15/22 because USACE has 30-days by their agency regs to review an application and make their completeness determination.
As part of the original target date exercise, the complete application received date is shown as 8/3/22 so that is the date I put into the dashboard.
The non-conformance trigger was tripped as part of the new milestone added to the dashboard, and inputting the original target date. This non-conformance should be marked as exempt since a new milestone was added (which changed the dates), the applicant had to make some updates to their application so they didn't submit it until 7/15 (applicant changing the application for review), and USACE has 30-days from the complete application to make a completeness determination (agency statutory requirement).
The USACE is allocated 30 days from application re-submittal to determine completeness.