Cooperating under NEPA
Description:
Bay State Wind (BSW) proposes to develop, build, operate, and own (through one or more affiliated special purpose entities) an utility-scale offshore wind farm with capacity up to 1,600 MW located 15-25 miles off the south coast of Massachusetts within a portion of BOEM Lease Area OCS-A 0500 (the “Project”). The Project may be developed in phases, and would consist of between 107 to 267 wind turbine generators, associated inter-array cabling, new onshore and offshore substations, export cables, a battery energy storage system, and onshore works for connection to the wholesale electric grid.
The proposed BSW Project will require a permit from the Corps’ New England District 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. For purposes of the Dashboard, only the Corps Section 404 authority is listed since only a single permit decision, pursuant to both authorities, is required.
Milestones:
There is no target date for submission by the project sponsor of an application for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The Corps New England District anticipates receiving a permit application at the appropriate point during the NEPA review process.
There is no target date for submission by the project sponsor of a complete application for a Department of the Army Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Upon receipt of a permit application, the Corps New England District will review it for completeness and request additional information from the project sponsor as necessary.
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. Since a permit application has not yet been submitted, there is no target date for issuance of a public notice.
There is no target date for a permit decision by the Corps New England District because a permit application has not yet been submitted by the project sponsor. Any future target date for issuance of a Department of the Army Permit 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. In addition, a Department of the Army permit cannot be issued until the Commonwealth of Massachusetts Department of Environmental Protection issues a Water Quality Certificate pursuant to Section 401 of the Clean Water Act, or waives their right to do so, and the Commonwealth of Massachusetts Office of Coastal Zone Management concurs that the project is consistent with the approved Coastal Zone Management Program. Finally, the district may require a mitigation plan compliant with the Corps/EPA 2008 Joint Mitigation Rule and information regarding alternatives from the applicant prior to rendering a permit decision. Should submission of any required information be delayed, the district reserves its right to adjust its future Target Completion Date as necessary.