Cooperating under NEPA
Description:
Update - 11/28/22- A Section 408 Permission is required 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. A determination will be made on these requirements once adequate documents from the applicant are received to support a proper evaluation of the proposed activity relative to the nearby US Army Corps of Engineers Civil Works Projects and assets.
June 2021 - USACE New York District Section 408 Coordinator indicated that based on pre-meetings on Empire Wind proposed windfarm, at this time (June 2021), there is no potential for a 33 USC 408 review.
Milestones:
Application submitted for Section 408 on 1/13/23 only covers Empire Wind 2 (e.g., the Long Beach route).
The applicant was informed via email on 13 February 2023 that the Section 408 application is incomplete and was provided a list of missing information required to make the application complete.
Milestone updated as per BOEM's revised ROD date. BOEM ROD date shifted from October 23 2023 to November 21 2023 and the USACE final milestone has been adjusted accordingly.