Public Notice
U.S. Army Corps In Reply to Application Number
of Engineers NAB-2020-60863-M34 (US Wind, Inc. - MD Offshore Wind
Energy)
Baltimore District
PN-23-44 Comment Period: October 6, 2023 to December 5, 2023
This Public Notice is issued jointly by the Baltimore and Philadelphia Districts of the United States Army Corps of Engineers and can be viewed on the Baltimore District's web page at: http://www.nab.usace.army.mil/Missions/Regulatory/PublicNotices.aspx
THE PURPOSE OF THIS PUBLIC NOTICE IS TO INFORM INTERESTED PARTIES OF THE PROPOSED ACTIVITY AND TO SOLICIT COMMENTS. NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME.
This District has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344),as described below:
APPLICANT:
US Wind, Incorporated.
WATERWAY AND LOCATION OF THE PROPOSED WORK:
The proposed project is located at the Bureau of Ocean Energy Management (BOEM)Renewable Energy Lease Area OCS-A 0490 approximately 11.5 miles off the coast of Maryland on the outer continental shelf (OCS), with export cable landfall in the vicinity of Indian River Inlet connecting to the existing Indian River Substation in Millsboro, Delaware, and an operations and maintenance facility in Ocean City Harbor, West Ocean City, Maryland
OVERALL PROJECT PURPOSE:
Construct and operate a windfarm on the OCS, install export cables, and construct an operations and maintenance facility for the transmission of clean energy to the Delmarva Peninsula to fulfill state and federal clean energy standards and targets.
PROJECT DESCRIPTION:
To develop the Maryland Offshore Wind Project to generate approximately 2 gigawatts of nameplate capacity by constructing approximately 121 wind turbine generators (WTGs), up to four offshore substations (OSS), one meteorological tower (Met Tower) within the approved lease area; installation of submarine array cables between WTGs and OSSs; up to four offshore export cables with connection to the existing Indian River Substation in Millsboro, Delaware, and construct an operations and maintenance facility within West Ocean City, Maryland.
Offshore Work:
Construct up to 121 offshore WTGs on steel monopile foundations, scour protection around the base of the WTGs, submarine inter-array cables connecting the WTGs, and up to four OSS located in the Atlantic Ocean on the OCS within BOEM Renewable Energy Lease Area OCS-A 0490, approximately 11.5 miles off the coast of Maryland. Each monopile foundation diameter would be up to approximately 36-feet in diameter, installed by pile driving with a hydraulic hammer. Each monopile foundation would be protected with rock scour protection, up to approximately 220-feet in diameter. With scour protection, the proposed footprint of each monopile foundation would be approximately 38,000 square feet. The total maximum footprint for the monopile foundations would be approximately 106 acres. The total proposed for four various size inter-array cable length would be approximately 152 miles with a total maximum footprint of approximately 18.4 acres and installed via jet plow. The OSS would be constructed similar to the WTGs on Monopole foundations or as a multi-leg lattice structure connected to the sea flood via pilings or suction buckets. Each foundation diameter would be up to approximately 49-feet in diameter and protected with rock scour protection up to approximately 294-feet in diameter. With the scour protection the proposed footprint for each OSS would be approximately 45,000 square feet. The total maximum footprint of each OSS would be approximately 4.13 acres. The OSSs would collect the electric energy generated by the WTGs through the inter-array cables for transmission through the US Wind Export Cables to the onshore interconnection facility. A Met Tower would be constructed as a bottom-fixed structure consisting of a steel, lattice mast fixed to a steel deck supported by a steel main caisson pile approximately 72-inches in diameter and two 60-inch diameter bracing piles.
Offshore Export Cables:
Install four approximately 115.6 miles long 12-inch export cables from the OSS to either 3R’s beach or Towers beach landing location within the Delaware National Seashore with approximately 21.1 miles within Delaware State waters. The total permanent impact with scour protection would be approximately 1,548.3 acres. A new transition vault would be constructed at the landfall location within existing parking lots, roadways, or developed areas without additional resource impacts. The transition from water to the landing location would be completed via horizontal directional drilling.
Onshore Export Cables:
Install via submarine jet plow trenching four 12-inch export cables approximately
10 miles in the Indian River Inlet, buried no less than 6 feet below the existing channel depths, and connect to the transition vaults at the existing Delmarva Power and Light Indian River Substation. Dredging may occur along the installation route for barge access and targeted burial depths which would result in no more than 1,368,000 cubic yards of material to be available for beneficial reuse, offshore disposal, or upland disposal. There are no proposed impacts to waters of the United States at the existing substation.
Operations and Maintenance Facility:
To remove the existing 12-foot wide by 560 foot long pier and install 175-foot long by 4-foot wide sheet pile bulkhead and timber fender system, install a 235 foot long by 18-inches sheet pile bulkhead, and to remove the existing pier structures and replace with a 28-foot to 32-foot wide by 625-foot long pier extending approximately 390 feet channelward from the mean high water shoreline impacting approximately 19,700 square feet of estuarine bottom. There is no proposed dredging for the construction or operations of the pier.
Overall, the project as proposed, would permanently impact 1,835.3 acres of open water habitat and the dredging of approximately 1,368,000 cubic yards of material to facilitate construction of the offshore wind project and associated infrastructure. There are no proposed impacts to tidal or nontidal wetlands as a result of the proposed project.
LEAD FEDERAL AGENCY:
BOEM is the lead federal agency for this project, responsible for coordinating review in accordance with the National Environmental Policy Act. Pursuant to 40 CFR 1501.8, the Corps of Engineers, Baltimore District is serving as one of the cooperating agencies involved in the preparation of an Environmental Impact Statement by BOEM. The Environmental Impact Statement will be used to support the Corps of Engineers Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344) permit decision. A Notice of Availability for the Draft Environmental Impact Statement (DEIS) will be posted on the BOEM website at https://www.boem.gov/renewable-energy/state-activities/us-wind on October 6, 2023. Comments on the DEIS may be submitted directly to BOEM at https://www.boem.gov/renewable-energy/state-activities/us-wind.
APPLICANT’S PROPOSED AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION:
The applicant has designed the proposed project to avoid and minimize impacts to waters of the United States. No impacts to onshore wetlands are proposed for the installation of the export cables or transition vaults. In the offshore areas where impacts to the marine resources are unavoidable, the applicant has avoided all special aquatic sites. Impacts from the proposed project and all its components consist of structures, fills and temporary construction impacts. Compensatory mitigation requirements are under consideration.
CORPS EVALUATION REQUIREMENTS:
This project will be evaluated pursuant to Corps Regulatory Program Regulations (33 CFR Parts 320-332). The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonable may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economic, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, and consideration of property ownership and in general, the needs and welfare of the people. The evaluation of the impact of this project will also include application of the Clean Water Act Section 404(b)(1) Guidelines promulgated by the Administrator, United States Environmental Protection Agency.
ENDANGERED SPECIES:
As the lead federal agency, BOEM is reviewing the project for potential impacts on Federally listed threatened or endangered species and their designated critical habitat pursuant to Section 7 of the Endangered Species Act as amended. BOEM is coordinating with the NMFS and/or United States Fish and Wildlife Service on listed species and the ESA consultation will be concluded prior to the final decision. As the evaluation of this application continues, additional information may become available which could modify this preliminary determination.
ESSENTIAL FISH HABITAT:
The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), as amended by the Sustainable Fisheries Act of 1996 (Public Law 04-267), requires all federal agencies to consult with the National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH), including species of concern, life cycle habitat, or Habitat Areas of Particular Concern. The project site lies in or adjacent to EFH as described under MSFCMA for managed species under the MSFCMA. Further consultation with the National Marine Fisheries Service regarding EFH conservation recommendations is being conducted by BOEM as the lead federal agency and will be concluded prior to the final decision.
HISTORIC RESOURCES:
Pursuant to Section 106 of the National Historic Preservation Act of 1966 and applicable guidance, BOEM as the lead federal agency, has determined that the proposed work may impact properties listed in, or eligible for listing in, the National Register of Historic Places. Additional review and consultation to fulfil requirements under Section 106 of the National Historic Preservation Act of 1966, as amended, will be ongoing as part of the permit review process.
TRIBAL RESOURCES:
Section 106 of the National Historic Preservation Act also requires federal agencies to consult with federally recognized American Indian tribes that attach religious and cultural significance to historic properties that may be affected by the agency’s undertaking. Corps Tribal Consultation Policy mandates an open, timely, meaningful, collaborative, and effective deliberative communication process that emphasizes trust, respect, and shared responsibility. The policy further emphasizes that, to the extent practicable and permitted by law, consultation works toward mutual consensus and begins at the earliest planning stages before decisions are made and actions taken. The Corps final eligibility and effect determination will be based on coordination with interested tribes, in accordance with the Corps current tribal standard operating procedures as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on tribal resources.
MODIFICATION OF CIVIL WORKS PROJECTS: 33 USC 408 (SECTION 408):
All Section 408 proposals will be coordinated internally at the United States Army Corps of Engineers. The Section 408 decision will be issued along with the Section 404 and/or
Section 10 decision. Philadelphia District is the lead district for the review of the potential impacts to Section 408 projects. Please see the following link for more information regarding Section 408: https://www.nap.usace.army.mil/408/
WATER QUALITY CERTIFICATION:
The applicant is required to obtain water quality certifications in accordance with
Section 401 of the Clean Water Act from the States of Delaware and Maryland (if required).
COASTAL ZONE MANAGEMENT PROGRAMS:
Where applicable, the applicant has certified in this application that the proposed activity complies with and will be conducted in a manner consistent with the approved Coastal Zone Management Programs. By this public notice, we are requesting from the States of Delaware and Maryland concurrence or objection to the applicant’s consistency statement.
The applicant must obtain any state or local government permits which may be required.
SUBMISSION OF COMMENTS:
The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments provided will become part of the public record for this action and are subject to release to the public through the Freedom of Information Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
Written comments concerning the work described above related to the factors listed above or other pertinent factors must be received by the United States Army Corps of Engineers, Baltimore District within the comment period specified above through postal mail at the address below or electronic submission to the project manager email address below. Written comments should reference the Application Number NAB-2020-60863-M34 (US Wind, Inc. - MD Offshore Wind Energy).
PUBLIC HEARING REQUESTS:
Any person who has an interest which may be adversely affected by the issuance of this permit may request a public hearing. The request, which must be in writing, must be received within the comment period as specified above to receive consideration. Also, it must clearly set forth the interest which may be adversely affected by this activity and the manner in which the interest may be adversely affected. The public hearing request may be submitted by electronic mail or mailed to the following address:
Erica Schmidt
mdoffshorewind@usace.army.mil
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
2 Hopkins Plaza
Baltimore, Maryland 21201-2903
It is requested that you communicate this information concerning the proposed work to any persons known by you to be interested, who did not receive a copy of this notice.
BOEM will be conducting four (4) public meetings for the US Wind Project to receive comments on the DEIS. The date and time of the BOEM DEIS public meetings are as follows:
Thursday, October 19 – virtual from 1-5pm
Tuesday, October 24 – in-person from 5-9pm (Ocean City Elementary School, Ocean City, MD)
Thursday, October 26 – in-person from 5-9pm (Indian River High School, Dagsboro, DE)
Monday, October 30 – virtual from 5-9pm
Additional information for the BOEM meetings and links for the virtual meetings may be found at: https://www.boem.gov/renewable-energy/state-activities/us-wind
General information regarding the Corps’ permitting process can be found on our website at https://www.nab.usace.army.mil/Missions/Regulatory.aspx. This public notice has been prepared in accordance with Corps implementing regulations at 33 CFR 325.3. If you have any questions concerning this specific project or would like to request a paper copy of this public notice, please contact Ms. Erica Schmidt at (410) 962-6029 or via email at mdoffshorewind@usace.army.mil. This public notice is issued by the Chief, Regulatory Branch, Baltimore District.