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Milestone Extension: Section 408 Permit

Submitted by jennifer.malla… on

The applicant had initially requested a review schedule for their Kitty Hawk South project with an early NOI coming in October 2022 with the DEIS NOA occurring much later in 2024 - this timeframe has been extended, with an NOA date in Feb 2026 and a ROD date in Dec 2026.  USACE milestones were adjusted accordingly.

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Civil Works
Agency Status: Cooperating under FAST-41
Status:
Planned
POC Name:
Katy Damico
POC Title:
Section 408 Coordinator

Description:

A Section 408 Permission may be required from the US Army Corps of Engineers 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. It is marked as a Section 408 requirement until the applicant can provide adequate documents that would support a proper evaluation of the proposed activity relative to any nearby US Army Corps of Engineers Civil Works Projects, assets and/or ongoing studies.  

Milestones:

Initial application submitted (Applicant Action)
Current Target Date:
Milestone Details

The US Army Corps of Engineers anticipates receiving a Section 408 application at the appropriate point during the NEPA review process.

Completeness Determination (Agency Action)
Current Target Date:
Milestone Details

Upon receipt of a Section 408 application, the US Army Corps of Engineers will review it for completeness and request additional information from the applicant as necessary.

Complete application submitted (Applicant Action)
Current Target Date:
Milestone Details

Upon receipt of a Section 408 application, the US Army Corps of Engineers will review it for completeness and request additional information from the applicant as necessary.

Issuance of Decision (Agency Action)
Current Target Date:
Milestone Details

Issuance of a Section 408 permission will be subject to contingencies, including but not limited to, completion of the project NEPA documentation/Record of Decision. Should submission of any required information be delayed, the US Army Corps of Engineers reserves its right to adjust the Decision Date as necessary.

Milestone
Issuance of Decision (Agency Action)
Current Target Date:
Milestone Details

Issuance of a Section 408 permission will be subject to contingencies, including but not limited to, completion of the project NEPA documentation/Record of Decision. Should submission of any required information be delayed, the US Army Corps of Engineers reserves its right to adjust the Decision Date as necessary.

Project

PROJECT WEBSITE: http://www.KittyHawkOffshore.com

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
04/14/2028

0 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 Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of the Army

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

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Environmental Protection Agency

Environmental Protection Agency

Description:

Update: In June 2022, the project name changed from Kitty Hawk Wind Project to Kitty Hawk South Wind Project to reflect the segmenting of the project.

Kitty Hawk Wind, LLC proposes to construct, own, and operate the Kitty Hawk South Offshore Wind Project. The Project will be located in the designated Renewable Energy Lease Area OCS-A 0508 (Lease Area). The Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf of Lease Area OCS-A 0508 was awarded through the BOEM competitive renewable energy lease auction of the Wind Energy Area offshore of North Carolina. The Lease Area covers 49,536 hectares (ha) and is located 44 kilometers (km) offshore of Corolla, North Carolina.

At this time, the Company is proposing to develop the Kitty Hawk South Offshore Wind Project in the eastern portion of the Lease Area (33,768 ha; referred to as the Wind Development Area), located approximately 61 km east of Corolla, North Carolina and approximately 54 km northeast of Kill Devil Hills, North Carolina. The offshore components of the Project, including the WTGs, offshore substations, and inter-array cables, will be located in federal waters within the Lease Area. The offshore export cable corridor will traverse both federal waters and state territorial waters of Virginia and/or North Carolina. Onshore Project components, including the export cable landfall location(s), onshore export and interconnection cables, and onshore electrical facilities, will be located in one or more of the following:

• City of Virginia Beach, Virginia;
• Dare County, North Carolina;
• Carteret County, North Carolina; and
• Craven County, North Carolina.

A COP for the Project, which includes detailed assessments of environmental, cultural, and historic resources, was submitted to BOEM on April 14, 2022.
Additional Project information is located at www.KittyHawkOffshore.com.

field_status
System Comments
Furthest out
Original Target Date: 02/27/2026
Milestone: Issuance of Decision (Agency Action)

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

Issuance of Decision (Agency Action) extended by 437
From: 02/27/2026
To: 05/10/2027
Approver Comments
Duplicate being removed
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
Issuance of Decision (Agency Action)
Current Target Date:
Furthest Original Target Date Milestone
Issuance of Decision (Agency Action)
Current Target Date:
Milestone Details

Issuance of a Section 408 permission will be subject to contingencies, including but not limited to, completion of the project NEPA documentation/Record of Decision. Should submission of any required information be delayed, the US Army Corps of Engineers reserves its right to adjust the Decision Date as necessary.