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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 milestone was changed in accordance with BOEM's updated schedule.

Action
Project Name:
Ocean Wind 1 Project
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:
Senior Staff 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 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:
Milestone Details

The agreed upon timetable has the proponent submitting the initial permit application 30 days prior to BOEM's anticipated issuance of the draft EIS.

Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Completed 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. 

Application determined complete on 11 May 22.

 

Publication of Public Notice (Agency Action)
Completed Date:
Milestone Details

The Corps issued a 30-day public notice on June 17, 2022, accepting public comments on the Section 10 Rivers and Harbors Act and Section 404 Clean Water Act permit application. The public notice, including information on how to submit comments, can be found here: https://www.nap.usace.army.mil/Missions/Regulatory/Public-Notices/Article/3066660/2017-00135-84/. 

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

The target is scheduled 90 days after BOEM's target date 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.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination. Note, should the BOEM ROD decision change, the Corps permit decision date would be adjusted accordingly to allow for the full 90 day review period.

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.

Update: The final decision date was changed to Oct 5, 2023 to align with the updated BOEM schedule and BOEM ROD date of July 7, 2023.

 


View Action's Modification History

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

The target is scheduled 90 days after BOEM's target date 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.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination. Note, should the BOEM ROD decision change, the Corps permit decision date would be adjusted accordingly to allow for the full 90 day review period.

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.

Update: The final decision date was changed to Oct 5, 2023 to align with the updated BOEM schedule and BOEM ROD date of July 7, 2023.

 

Project

PROJECT WEBSITE: Ocean Wind

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
SUBJECT TO CHANGE

9 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

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Environmental Protection Agency

Environmental Protection Agency

Department of the Army

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

Description:

Ocean Wind, LLC intends to construct, operate and maintain a commercial-scale offshore wind energy facility located approximately 15 miles off the coast of New Jersey within  Lease Area OCS-A 0498 (the “Ocean Wind 1 Project”). The Ocean Wind 1 Project, consisting of up to 98 wind turbine generators (WTG), inter-array cables, up to three Offshore Substations (OSS), two onshore substations, and two transmission cable routes making landfall in Ocean County, New Jersey and Cape May County, New Jersey,  is intended to fulfill the New Jersey Board of Public Utilities’ (BPU) September 20, 2018, solicitation for 1,100 MW of offshore wind capacity, and a corresponding Offshore Wind Renewable Energy Certificate (OREC) allowance of 4,851,489 MW-hours per year was awarded to Ocean Wind via BPU on June 21, 2019 (BPU Docket No. QO18121289, In the Matter of the Board of Public Utilities Offshore Wind Solicitation for 1,100 MW – Evaluation of the Offshore Wind Applications). The Ocean Wind 1 Project would contribute to New Jersey’s goal of 7.5 gigawatts (GW) of offshore wind energy generation by 2035 as outlined in New Jersey Governor’s Executive Order No. 92, issued on November 19, 2019. 

Update: 

The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Endangered Species Act Consultation completion date on September 23, 2022. The Executive Director determination is posted here.

The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the EFH consultation and Endangered Species Act Consultation completion date on November 18, 2022. The Executive Director determination is posted here.

The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Endangered Species Act Consultation completion date on December 16, 2022. The Executive Director determination is posted here.

The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Construction and Operations Plan, Environmental Impact Statement, and Section 106 completion date on January 31, 2023. The Executive Director determination is posted here.

field_status
Approved
System Comments
Furthest out
Original Target Date: 07/13/2023
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 84
From: 07/13/2023
To: 10/05/2023
Approver Comments
ED determination signed on 4/21/23.
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 target is scheduled 90 days after BOEM's target date 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.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination. Note, should the BOEM ROD decision change, the Corps permit decision date would be adjusted accordingly to allow for the full 90 day review period.

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 target is scheduled 90 days after BOEM's target date 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.  It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination. Note, should the BOEM ROD decision change, the Corps permit decision date would be adjusted accordingly to allow for the full 90 day review period.

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.

Update: The final decision date was changed to Oct 5, 2023 to align with the updated BOEM schedule and BOEM ROD date of July 7, 2023.