U.S. Army Corps of Engineers Regulatory Program

Transcription

1 U.S. Army Corps of Engineers Regulatory Program Hull Offshore Wind Workshop Hull, Massachusetts 12 May 2011 Presented by: James W. Haggerty Regulatory Program Manager North Atlantic Division US Army Corps of Engineers

2 Applicable Corps Regulatory Authorities Section 10 Rivers and Harbors Act of 1899 Structures in Navigable Waters and devices on seabed of Outer Continental Shelf e.g. Wind turbine structures and transmission lines Section 404 Clean Water Act Discharges of Dredged or Fill Material into Waters of the United States e.g. Backfilling of trenches for transmission lines Not applicable beyond three-mile limit of state waters

3 Other Major Laws/Authorities Coastal Zone Management Act Endangered Species Act National Historic Preservation Act Fish & Wildlife Coordination Act Outer Continental Shelf Lands Act Marine Mammal Protection Act National Environmental Policy Act Magnuson-Stevens Fishery Conservation & Management Act (Essential Fish Habitat) 3

4 Corps Permit Requirements Title 33 of the Code of Federal Regulations, Parts prescribe the statutory authorities and general/special policies and procedures applicable to the review of applications for Department of the Army (DA) permits Section 404(b)(1) of the Clean Water Act Guidelines (promulgated by USEPA) Applicable to discharges of dredged/fill material into waters of the United States Rebuttable presumption that practicable alternatives exist for proposed discharges into special aquatic sites for non-water dependent activities

5 Public Interest Review Factors Balancing process Navigation General environmental concerns Conservation Fish and wildlife values Recreation Economics Energy Needs Historic and cultural resources Safety Wetland values Aesthetics More listed at 33 CFR 320.4(a)(1)

6 Types of Permits General Permits Nationwide Permits Regional Permits Programmatic Permits Individual Permits Standard Permits Letters of Permission 6

7 Standard Permits Public Participation Public notices posted on districts websites Comments best in writing (letter or ) Not a vote May request notification when notices are published Notices sent to state and federal agencies, immediately adjoining properties, and interested parties as requested 7

8 Interaction with BOEMRE BOEMRE is Lead Federal Agency under the National Environmental Policy Act for projects on Outer Continental Shelf Corps is Cooperating Agency Working on Memorandum of Understanding to synchronize administrative processes for authorizing renewable energy projects on OCS 8

9 Potential Windfarm Issues Navigation Migratory Birds/Bats Acoustic/Vibration Disruption (fisheries and marine mammal impacts) Aesthetics Public Perception/Opinion Others may arise on a case by case basis Tie-ins to power transmission grid Interference with existing cables 9

10 Potential Windfarm Projects on Outer Continental Shelf Deepwater Wind Long Island NY City Offshore Wind Project Bluewater Wind New Jersey Garden State Offshore Energy/PSEG Offshore MW LLC Fisherman s Energy of NJ Bluewater Wind Delaware 10

11 Recommendations Come to the Corps Early! Be Prepared to Engage Other Agencies Public Outreach Be Flexible Communication is Key 11

12 Contact Information Northeast U.S. Region: James W. Haggerty Regulatory Program Manager, North Atlantic Division Phone: New England District: Jennifer McCarthy Regulatory Division Chief Phone: New York District: MaryAnn Miller Regulatory Project Manager Phone:

13 Contact Information Philadelphia District: Larry Slavitter Regulatory Project Manager Phone: Baltimore District: Woody Francis Regulatory Project Manager Phone: Norfolk District: John Evans Regulatory Project Manager Phone:

14 Questions? 14