Cooperating under NEPA
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 and Section 404 of the Clean Water Act. Activities that require authorization include: Offshore, the installation/construction of up to 205 wind turbine generators (WTGs) and three Offshore Substations. The trenching and placement of the Inter-Array Cables, and Export Cables to the proposed landing locations. Temporary ports and laydown areas will also be required. The onshore components of the project will consist of the construction of up to two Cable Landing Locations, Horizontal Directional Drilling of the Cable Landing Location(s) to a Collector Station at Naval Air Station Oceana, Interconnection Cables above or below ground from the Collector Station to the existing Onshore Fentress Substation. An aquatic resource delineation and jurisdictional determination will be performed to determine the impacts to Waters of the US.
Milestones:
On April 5, 2021, the project sponsor indicated that they expect to submit an application 30 days prior to the publishing of the Draft EIS.
Applicant submitted an incomplete application, ahead of schedule on May 17, 2022 (target date July 3, 2022).
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.
The target date is changing from 7/17/22 to 8/15/22 as per the applicant's schedule for submitting the required information.
The target date is changing from 8/15/22 to 8/17/22 as per the applicant's schedule for submitting the required information. The target changed to 8/31/22 as per the applicant's schedule.
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.
If the BOEM Notice of Availability date is rescheduled and the Corps has a complete application, a public notice will be issued within 15 days of complete application determination.
PN published 9/15/22.
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Section 408 Permit
:
Issuance of Decision (Agency Action)
- Completed Date: 01/25/2024 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 08/31/2023 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 09/15/2023 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Completed Date: 07/21/2023 -
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Completed Date: 10/27/2023 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 10/30/2023
The Corps anticipates making a permit decision on or before August 30, 2023, 90 days after BOEM's target date of June 1, 2023 for Issuance of a Record of Decision. However, this date will be subject to dependencies, including but not limited to a delineation and jurisdictional determination of aquatic resources, 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 date change, the Corps permit decision date would be adjusted accordingly to maintain the 90 day decision making timeframe.
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.