Cooperating under NEPA
Description:
Department of Army authorization from the US Army Corps of Engineers Philadelphia 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: Installation of turbine structures on monopole supports embedded in the ocean floor. Water jet installed export cable(s). Monopole supported offshore substation(s). The trenching of ocean bottom within 3 nautical miles of the state of New Jersey for the placement of export cable(s). Horizontal directional drilling beneath the shoreline for the export cable to begin its path to a planned substation/grid connection. The export cable will either be above or below ground after landing, planned to follow road beds. An aquatic resource delineation and jurisdictional determination will be required for the onshore portion of the export cable, especially where assumed 404 jurisdiction is suspected. Possible non tidal and/or tidal wetland impacts will occur if the cable is to remain above ground for any portion of its path to the proposed substation. Construction of a new substation is potentially necessary to tie the wind generated energy into the existing power grid. The substation may require impacts to non tidal and/or tidal wetlands.
Milestones:
The agreed upon timetable has the proponent submitting the initial permit application 30 days prior to BOEM's anticipated issuance of the draft EIS.
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.
Application determined complete on 11 May 22.
The Corps issued a 30-day public notice on June 17, 2022, accepting public comments on the Section 10 Rivers and Harbors Act and Section 404 Clean Water Act permit application. The public notice, including information on how to submit comments, can be found here: https://www.nap.usace.army.mil/Missions/Regulatory/Public-Notices/Article/3066660/2017-00135-84/.
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Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 07/03/2023 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 04/03/2023 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 05/12/2023 -
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Completed Date: 06/30/2023 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Completed Date: 02/24/2023
The target is scheduled 90 days after BOEM's target date 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. 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 change, the Corps permit decision date would be adjusted accordingly to allow for the full 90 day review period.
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 final decision date was changed to Oct 5, 2023 to align with the updated BOEM schedule and BOEM ROD date of July 7, 2023.