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FAST-41 Missed Date: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act

Submitted by Anonymous on

Final Required Milestone Date of 01/18/2022 for Final Verification/Permit Decision Rendered has passed by 5 business days

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Cancelled
POC Name:
Christine Jacek
POC Title:
Project Manager

Description:

The proposed South Fork Wind Farm and South Fork Export Cable project requires a permit from the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 for the placement of structures and/or work in navigable waters of the United States, and Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States, including wetlands.  The Corps has decided that the New York District will be responsible for permit issuance for the entire project.

Update: The USACE New England District, in coordination with the New York District, has determined the best approach to evaluate this project is to allow one district to conduct the entire review. New York District will serve as the USACE Section 10/404 lead and decision-maker. The New England District action on the dashboard is no longer required and has been marked "canceled”.

Milestones:

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

The Corps' New England District anticipates receiving a permit application from the project sponsor on or about December 9, 2020.

Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Current Target Date:
Milestone Details

The Corps' New England District anticipates receiving a complete permit application from the project sponsor on or about December 24, 2020.

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

In accordance with Title 33 of the Code of Federal Regulations, Part 325.2 (a)(2), the Corps' New England District will issue a public notice within 15 days of the date of receipt of a complete permit application.  Given the target date of December 24, 2020 for receipt of a complete permit application, the anticipated date of public notice issuance is January 8, 2021.  This date coincides with BOEM's target date of publication of the Official Notice of Availability of a Draft EIS in the Federal Register.

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

The Corps' New England District anticipates making a permit decision on or before January 18, 2022, 90 days after BOEM's target date of October 20, 2021 for Issuance of a Record of Decision.  However, this date will be subject to contingencies, 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.  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.

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

The Corps' New England District anticipates making a permit decision on or before January 18, 2022, 90 days after BOEM's target date of October 20, 2021 for Issuance of a Record of Decision.  However, this date will be subject to contingencies, 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.  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: South Fork Wind Farm - Deepwater Wind

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

Complete

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
COMPLETE

icon_calendar

COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
01/18/2022

9 out of 9

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects
Major Infrastructure 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

Description:

The purpose of the South Fork Wind Farm (the Project) is to generate electricity from an offshore wind farm and transmit it to the existing East Hampton Substation, part of the Long Island Power Authority (LIPA) electric transmission and distribution system in East Hampton, New York. The Project addresses the need identified by LIPA for new sources of power generation that can cost-effectively and reliably supply the South Fork of Suffolk County, Long Island, as an alternative to constructing new transmission facilities. The Project will also help LIPA achieve its renewable energy goals. The Project will enable Deepwater South Fork to fulfill its contractual commitments to LIPA pursuant to a Power Purchase Agreement (PPA) executed in 2017 resulting from LIPA's technology-neutral competitive bidding process.

The South Fork Wind Farm is located in federal waters on the Outer Continental Shelf (OCS), specifically in Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0517, approximately 19 miles southeast of Block Island, Rhode Island, and approximately 35 miles east of Montauk Point, New York; The South Fork Export Cable is located on the OCS, in New York State Territorial Waters, and in the Town of East Hampton, New York.

Update:

The Executive Director granted a BOEM request to extend the final completion date for “Outer Continental Shelf (OCS) Air Permit,” “Issuance of final decision for permit/approval” until 01/18/2022. The Executive Director determination is available here.

field_status
System Comments
Final Required Milestone Date of 01/18/2022 for Final Verification/Permit Decision Rendered has passed by 5 business days
Approver Comments
Exempting missed date protocol per 1/26/22 email from Jennifer Mallard
Previous Action Status
New Action Status
Missed Date Process
No
Missed Date Triggered by Extension
No
New Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The Corps' New England District anticipates making a permit decision on or before January 18, 2022, 90 days after BOEM's target date of October 20, 2021 for Issuance of a Record of Decision.  However, this date will be subject to contingencies, 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.  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.

Response Date