Cooperating under NEPA
Description:
The proposed South Fork Wind Farm and South Fork Export Cable project requires a permit from the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899 for the placement of structures and/or work in navigable waters of the United States, and Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States, including wetlands. The Corps has decided that the New York District will be responsible for permit issuance for the entire project.
Update: The USACE New England District, in coordination with the New York District, has determined the best approach to evaluate this project is to allow one district to conduct the entire review. New York District will serve as the USACE Section 10/404 lead and decision-maker. The New England District action on the dashboard is no longer required and has been marked "canceled”.
Milestones:
The Corps' New England District anticipates receiving a permit application from the project sponsor on or about December 9, 2020.
The Corps' New England District anticipates receiving a complete permit application from the project sponsor on or about December 24, 2020.
In accordance with Title 33 of the Code of Federal Regulations, Part 325.2 (a)(2), the Corps' New England District will issue a public notice within 15 days of the date of receipt of a complete permit application. Given the target date of December 24, 2020 for receipt of a complete permit application, the anticipated date of public notice issuance is January 8, 2021. This date coincides with BOEM's target date of publication of the Official Notice of Availability of a Draft EIS in the Federal Register.
The Corps' New England District anticipates making a permit decision on or before January 18, 2022, 90 days after BOEM's target date of October 20, 2021 for Issuance of a Record of Decision. However, this date will be subject to contingencies, 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.