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Milestone Extension: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act

Submitted by cori.carraway@… on

This milestone is dependent on the EIS ROD milestone in the EIS milestones. The ROD milestone moved due to the DEIS delay. This milestone needs to be 120 days after ROD. The DEIS delay is due to lessee not providing a complete and sufficient Historic Resources Visual Effects Assessment (HRVEA) and Terrestrial Archaeological Resources Assessment (TARA) and Visual Impact Assessment (VIA). Without this data BOEM cannot identify historic properties and assess the effects of the project or conduct necessary Section 106 consultation prior to publication of the draft EIS.

Action
Project Name:
Atlantic Shores South
Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
In Progress
POC Name:
Brian Anthony
POC Title:
Biologist
POC Email:
brian.r.anthony@usace.army.mil

Description:

Department of Army authorization from the US Army Corps of Engineers Philadelphia 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: Installation of turbine structures on monopole supports embedded in the ocean floor. Water jet installed export cable(s). Monopole supported offshore substation(s). The trenching of ocean bottom within 3 nautical miles (territorial seas) of the state of New Jersey for the placement of export cable(s). Horizontal directional drilling beneath the shoreline for the export cable to begin its path to a planned substation/grid connection. The export cable will either be above or below ground after landing, planned to follow road beds. An aquatic resource delineation and jurisdictional determination will be required for the onshore portion of the export cable, especially where assumed 404 jurisdiction is suspected. Possible non tidal and/or tidal wetland impacts will occur if the cable is to remain above ground for any portion of its path to the proposed substation. Construction of a new substation is potentially necessary to tie the wind generated energy into the existing power grid. The substation may require impacts to non tidal and/or tidal wetlands.

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Completed Date:
Publication of Public Notice (Agency Action)
  • Monthly Status Report for November 2024:
    USACE is on track to meet the final milestone of 16 Dec.
  • Monthly Status Report for October 2024:
    USACE is on track to meet the final milestone of 16 Dec.
  • Monthly Status Report for September 2024:
    Due to the applicant’s revisions to the proposed work and delayed submittal of required information, USACE shifted the final milestone date from 29 Oct 24 to 16 Dec 24.
  • Monthly Status Report for August 2024:
    Due to the applicant’s revisions to the proposed work and delayed submittal of required information, USACE shifted the final milestone date from 29 Oct 24 to 16 Dec 24.
  • Monthly Status Report for July 2024:
    All schedule changes were made in response to the lead agency’s (BOEM) revised schedule. USACE is on track to meet the final permitting milestone of 10/29/24.
  • Monthly Status Report for June 2024:
    All schedule changes were made in response to the lead agency’s (BOEM) revised schedule. USACE is on track to sign the JROD and on track to meet the final permitting milestone of 10/29/24.
  • Monthly Status Report for May 2024:
    All schedule changes were made in response to the lead agency’s (BOEM) revised schedule. USACE is on track to sign the JROD and on track to meet the final permitting milestone of 10/29/24.
  • Monthly Status Report for April 2024:
    All schedule changes were made in response to the lead agency’s (BOEM) revised schedule. USACE is on track to sign the JROD and on track to meet the final permitting milestone of 10/29/24.
  • Monthly Status Report for March 2024:
    USACE is on track to meet the Sec 10 / 404 milestone of Oct 29. As a cooperating agency, USACE provided comment to BOEM on the preliminary FEIS and will receive BOEM's response to comments in early April.  
  • Monthly Status Report for February 2024:
    The USACE milestone was recently shifted through the Executive Director determination process as a result of BOEM shifting the ROD. The Sec 10/404 milestone is now Oct 29, 2024 and USACE is on track to meet the milestone. USACE is a cooperating agency under NEPA and recently provided comment to BOEM on the preliminary FEIS.
  • Monthly Status Report for January 2024:
    BOEM developed a revised timetable for this project after reviewing the project schedule with the cooperating agencies and in consultation with the project sponsor. The revised timetable encompasses all remaining milestones, including milestones for this nonconformant action. While an Executive Director Determination (EDD) is not needed to update this milestone, BOEM intends to adopt the revised timetable, which was provided to the Permitting Council in an EDD request on Jan 26, 2024 and which includes this milestone, upon receipt of the EDD.
  • Monthly Status Report for December 2023:
    BOEM is undertaking a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. The review will result in an updated permitting timetable for all actions, including this milestone.
  • Monthly Status Report for November 2023:
    BOEM is undertaking a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. The review will result in an updated permitting timetable for all actions, including this milestone.
  • Monthly Status Report for October 2023:
    BOEM is undertaking a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. The review will result in an updated permitting timetable for all actions, including this milestone.
  • Monthly Status Report for September 2023:
    Milestone completed on May 19, 2023
  • Monthly Status Report for August 2023:
    Milestone is complete.
  • Monthly Status Report for July 2023:
    Milestone is complete. Public Notice occurred on May 19, 2023.
  • Monthly Status Report for June 2023:
    Publication of public notice occurred on May 19, 2023.
  • Non-conformance Explanation:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
Current Target Date:
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:


View Action's Modification History

Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
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
12/16/2024

10 out of 10

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 - Regulatory

Environmental Protection Agency

Environmental Protection Agency

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of the Army

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

Description:

The purpose of the Atlantic Shores South (which includes Project 1 and Project 2 or, collectively, the Projects) is to develop two offshore wind energy generation facilities in the Bureau of Ocean Energy Management (BOEM) Lease Area OCSA 0499 to provide clean, renewable energy to the Northeastern U.S. by the mid-to-late 2020s.

field_status
Rejected
System Comments
Furthest out
Original Target Date: 12/22/2023
Milestone: Final Verification/Permit Decision Rendered (Agency Action)

Requested extensions greater than 30 days for this Action are shown below:

Final Verification/Permit Decision Rendered (Agency Action) extended by 188
From: 12/22/2023
To: 06/27/2024
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Furthest Original Target Date Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date: