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

Submitted by jennifer.malla… on

The Target Completion date is being changed as per overall changes in BOEM's schedule. The Corps' milestone is dependent on the BOEM ROD date, which also changed. 

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

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.

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
Rejected
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 608
From: 04/28/2024
To: 07/01/2025
Approver Comments
Updating interim milestones in advance of 30-day lockout
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 90 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 120 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.