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.

Approved

Milestone Extension: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act

The Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act final
verification/permit decision rendered milestone date is dependent upon BOEM’s EIS action ROD
issuance date. USACE requires 90-days between issuance of the ROD and issuance of USACE’s
Section 10/404 decision. Therefore, an extension of the Section 10/404 final completion date is
requested based upon the extension of the ROD issuance date.

Milestone Extension: Construction and Operations Plan

BOEM needs to two weeks after ESA consultation concludes to incorporate the completed ESA consultation in the Final Environmental Impact Statement. Therefore,
BOEM is updating the FEIS milestone to March 1, 2024. ROD issuance and COP decision dates are dependent on the FEIS milestone, and so these milestone dates are also shifting by 98-days to April 1, 2024, and July 1, 2024, respectively.

Milestone Extension: Outer Continental Shelf (OCS) Air Permit

Though EPA deemed the Project Sponsor’s OCS air permit application complete on January 4, 2023, further technical review of the modeling analyses showed that the magnitude of the air quality impacts was in violation Air Quality Standards, which rendered the application as submitted unapprovable. The application review was paused, and EPA requested that the application and/or modeling analyses be revised to correct any air quality violations.

Milestone Extension: Section 408 Permit

The applicant had initially requested a review schedule for their Kitty Hawk South project with an early NOI coming in October 2022 with the DEIS NOA occurring much later in 2024 - this timeframe has been extended.  USACE milestones were adjusted accordingly. 

Milestone Extension: Section 404 Clean Water Act, Section 10 Rivers and Harbors Act of 1899, and Section 103 Marine Protection,

The applicant had initially requested an extended review schedule for their Kitty Hawk South project with an early NOI coming in October 2022 with the DEIS NOA occurring much later in 2024.  The applicant has now requested that the NOI instead come later.  In order to conform to the NOI checklist, the NOI would come on approximately January 12, 2024.  USACE milestones were adjusted accordingly.  Since the previous update, the schedule has shifted again and the USACE timetable was adjusted accordingly.

Subscribe to RSS