USACE Permitting Process

The Project is subject to review under the National Environmental Policy Act of 1969 (NEPA). In accordance with NEPA, Federal agencies are directed to examine the consequences of proposed activities in light of an overall goal to protect and enhance the human environment. NEPA applies to almost all actions undertaken or approved by a Federal agency including funding, licensing and permitting actions.

 
 

The Federal agency responsible for permitting many of the actions that will be undertaken for the Project is the United States Army Corps of Engineers (USACE), Buffalo District Office. The authorities under which the USACE will permit and evaluate project features are Section 10 of the Rivers and Harbors Act of 1899 (RHA) and Section 404 of the Clean Water Act (CWA). Section 10 requires issuance of permits for any work (dredging, excavation, drilling, depositing materials, etc) or construction of structures in, over, or under a navigable water of the United States such as but not limited to Lake Ontario. Section 404 of the CWA requires authorization for any discharge of dredged or fill material into waters of the United States including freshwater wetlands. The geographic scope of waters of the United States goes beyond those waters listed as navigable under Section 10 of the RHA. Actions associated with the Project that require Section 10 and/or Section 404 permits include work and filling in freshwater wetlands on Galloo Island (ECS, access roads), the installation of the submerged electric cable from the island to the mainland, construction of the temporary and permanent offloading facilities (excavation, filling, bulkheads, floating breakwater, moorings, etc.) and installation of the water intake and sewage discharge structures.

Although other Federal agencies will be involved in the review of the Project, the lead Federal agency under NEPA is the USACE due to a greater degree of involvement than other agencies. Other agencies involved include the United States Coast Guard (USCG) in review of navigation and national security interests, review by the U.S. Environmental Protection Agency under NEPA, Clean Air Act and other authorities such as Section 404 CWA, and review by the U.S. Fish and Wildlife Service under the Fish and Wildlife Coordination Act and the Endangered Species Act. Other federal agencies will also receive Public Notice of the Project from the USACE.

Upstate Power submitted a Joint Application for USACE permits to the USACE on June 16, 2009. A supplement to this application that addressed the transmission line was submitted on July 14, 2009.

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Wind Farm and Transmission Line

 

USACE Permitting Process

The Project is subject to review under the National Environmental Policy Act of 1969 (NEPA). In accordance with NEPA, Federal agencies are directed to examine the consequences of proposed activities in light of an overall goal to protect and enhance the human environment. NEPA applies to almost all actions undertaken or approved by a Federal agency including funding, licensing and permitting actions.

 
 

The Federal agency responsible for permitting many of the actions that will be undertaken for the Project is the United States Army Corps of Engineers (USACE), Buffalo District Office. The authorities under which the USACE will permit and evaluate project features are Section 10 of the Rivers and Harbors Act of 1899 (RHA) and Section 404 of the Clean Water Act (CWA). Section 10 requires issuance of permits for any work (dredging, excavation, drilling, depositing materials, etc) or construction of structures in, over, or under a navigable water of the United States such as but not limited to Lake Ontario. Section 404 of the CWA requires authorization for any discharge of dredged or fill material into waters of the United States including freshwater wetlands. The geographic scope of waters of the United States goes beyond those waters listed as navigable under Section 10 of the RHA. Actions associated with the Project that require Section 10 and/or Section 404 permits include work and filling in freshwater wetlands on Galloo Island (ECS, access roads), the installation of the submerged electric cable from the island to the mainland, construction of the temporary and permanent offloading facilities (excavation, filling, bulkheads, floating breakwater, moorings, etc.) and installation of the water intake and sewage discharge structures.

Although other Federal agencies will be involved in the review of the Project, the lead Federal agency under NEPA is the USACE due to a greater degree of involvement than other agencies. Other agencies involved include the United States Coast Guard (USCG) in review of navigation and national security interests, review by the U.S. Environmental Protection Agency under NEPA, Clean Air Act and other authorities such as Section 404 CWA, and review by the U.S. Fish and Wildlife Service under the Fish and Wildlife Coordination Act and the Endangered Species Act. Other federal agencies will also receive Public Notice of the Project from the USACE.

Upstate Power submitted a Joint Application for USACE permits to the USACE on June 16, 2009. A supplement to this application that addressed the transmission line was submitted on July 14, 2009.