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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

The changes to the PDE as described above will need to be analyzed and
considered by USACE as part of their permitting processes. In addition, the Section 10/404 final
completion date is dependent upon the final completion date of BOEM’s NEPA action. For this
project, the USACE review will require 120 days between issuance of the ROD and issuance of
USACE’s Section 10/404 decision. Therefore, an extension of the Section 10/404 final completion
date is requested based upon the extension of the NEPA completion date.

Action
Project Name:
Kitty Hawk North Wind Project
Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Brian Denson
POC Title:
Environmental Scientist/Project Manager
POC Email:
Brian.C.Denson@usace.army.mil

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 (RHA) and Section 404 of the Clean Water Act.  Activities that require authorization include: installation of the cable from 3 nm to the high tide line and any onshore discharges of fill into jurisdictional waters, including wetlands.

Milestones:

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

The project sponsor on April 6, 2021 has 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.

Update: due to changes in BOEM's schedule, the new initial permit application date was moved from Feb 22, 2023 to Dec 27, 2023.

Update: due to changes in BOEM's schedule, the new initial permit application date was moved to Mar 27, 2024.

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. 

 

Schedule updated as per changes in BOEM's overall schedule.

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.

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

The Corps anticipates making a permit decision 120 days after BOEM's Issuance of a Record of Decision (ROD).  Should BOEM's ROD target date slip, the permit decision date will also change on a day by day basis to allow for full 90 day decision making period. 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.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination.  

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.

 


View Action's Modification History

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

The Corps anticipates making a permit decision 120 days after BOEM's Issuance of a Record of Decision (ROD).  Should BOEM's ROD target date slip, the permit decision date will also change on a day by day basis to allow for full 90 day decision making period. 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.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination.  

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.

 

Project

PROJECT WEBSITE: Kittyhawkoffshore

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

0 out of 0

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

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.

 

The Executive Director granted a Bureau of Ocean Energy Management request to extend the EIS, COP, Section 106, Section 10/404/408, and OCS air permit completion dates on May 12, 2023. The Executive Director determination is posted here.

field_status
Approved
System Comments
Furthest out
Original Target Date: 11/01/2023
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 1049
From: 07/01/2025
To: 09/15/2026
Approver Comments
EDD granted - signed 3/25/2024
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The Corps anticipates making a permit decision 120 days after BOEM's Issuance of a Record of Decision (ROD).  Should BOEM's ROD target date slip, the permit decision date will also change on a day by day basis to allow for full 90 day decision making period. 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.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination.  

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.

 

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

The Corps anticipates making a permit decision 120 days after BOEM's Issuance of a Record of Decision (ROD).  Should BOEM's ROD target date slip, the permit decision date will also change on a day by day basis to allow for full 90 day decision making period. 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.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination.  

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.