USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Section 10 of the Rivers and Harbors Act of 1899

Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Billy Standridge
POC Title:
Regulatory Project Manager

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:

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

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.

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

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.

 

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

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.

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

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.