Cooperating under NEPA
Description:
Department of Army authorization from the US Army Corps of Engineers Wilmington District is required pursuant to Section 10 of the Rivers and Harbors Act of 1899 (RHA). Activities that require authorization include: Installation and scour protection of up to 60 wind turbines, one off-shore electrical service platform, installation of inter-array cables, and export cables from the Wind Development Area to the State Waters of Virginia (3nm from VA coast).
Milestones:
On April 6, 2021, the project sponsor indicated they are agreeable to submitting the initial permit application 30 days prior to BOEM's anticipated issuance of the draft EIS, which would be September 1, 2022.
Update: due to changes in BOEM's schedule, the new initial permit application date is Feb 22, 2023.
Update: due to changes in BOEM's schedule, the new initial permit application date is Mar 27, 2024.
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.
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.
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Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Current Target Date: 05/18/2026 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 11/27/2023 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 06/12/2023 -
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Current Target Date: 05/18/2026 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Current Target Date: 08/28/2023
The Corps anticipates making a permit decision on or before November 1, 2023, 90 days after BOEM's target date of August 3, 2023 for Issuance of a Record of Decision. However, this date will be subject to dependencies, 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.
Update: The Corps anticipates making a permit decision on or before May 28, 2024, 120 days after BOEM's ROD target date of Jan 29, 2024. Note, should BOEM's ROD target date slip, the permit decision date will also change on a day by day basis to allow for full 120 day decision making period.
However, this date will be subject to dependencies, 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. It also requires receipt of the Section 408 permission, Section 401 Water Quality Certification or waiver and Coastal Zone Management Consistency determination.
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.
Update: the milestone has been changed to reflect BOEM's updated schedule. The updated decision date is 120 days after BOEM's ROD updated target date of March 3, 2025, which is July 1, 2025.