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USACE MOA Sunrise Wind

This Memorandum of Agreement (MOA) is entered into this 15th day of March, 2023
(the “Effective Date”), between the U.S. Army Corps of Engineers, New York District, 26
Federal Plaza, Room 16-406, New York, NY (USACE) and Sunrise Wind LLC (Sunrise
Wind). The USACE and Sunrise Wind may each be referred to herein as a “Party,” and
may be referred to together herein as the “Parties.”


RECITALS
WHEREAS, USACE has regulatory jurisdiction over certain activities occurring in waters
of the United States, including wetlands, pursuant to Section 404 of the Clean Water Act
of 1972 as amended, 33 U.S.C. § 1344 (Section 404 over certain activities occurring in
navigable waters of the United States pursuant to Section 10 of the Rivers and Harbors
Act of 1899, as amended, 33 U.S.C. § 403 (Section 10),and over certain activities
occurring in USACE’ water resource development projects pursuant to Section 14 of the
Rivers and Harbors Act of 1899, as amended, 33 U.S.C. § 408 (Section 408);
WHEREAS, Section 214 of the Water Resources Development Act of 2000, as
amended, 33 U.S.C. § 2352 (Section 214), authorizes the Secretary of Army, after
public notice, to accept and expend funds contributed by non-federal public entities,
public-utility companies (as defined in Section 1262 of the Public Utility Holding
Company Act of 2005, 42 U.S.C. § 16451 (2005 PUHCA)), natural gas companies, and
railroad carriers to expedite permit evaluation for projects of that entity, company, or
carrier with a public purpose;

VIEW ENTIRE MOA HERE
 

 

New York District Regulatory Branch

The U.S. Army Corps of Engineers (USACE) has been involved in regulating activities in the nation's waters since 1890. A significant component of the USACE Regulatory program is to ensure that the physical, biological, and chemical quality of our nation's water is protected from irresponsible and unregulated discharges of dredged or fill material that could permanently alter or destroy these valuable resources.

If you are planning work in a river, stream, wetland or pond, a USACE permit may be required.

Contact the Regulator-of-the-Day at 917-790-8511 or email for general questions, permit status, or other requests. Click here for a full listing of staff contacts. 

New Regulatory Request System for Permits

  • 15 May 2024 – Permit applications are now available in RRS!

    USACE is pleased to announce that the new national online application portal and management platform, known as the Regulatory Request System (RRS) now includes an electronic submission option for permit applications. This platform has been introduced to modernize our permit application process and to address our users' expectations by providing a straightforward and transparent process for the submittal of permit requests.

    RRS is a web-based platform currently in a beta version that enables users to submit pre-application meeting requests, jurisdictional determination requests, and now applications for individual and general permits. This new system aims to streamline the process, improve efficiency, and provide a more user-friendly experience for our applicants.     

    We believe that RRS will not only benefit our users by simplifying the application process but will also enhance our ability to effectively manage and review permit requests. We are confident that this modernization initiative will lead to improved customer satisfaction and greater overall efficiency within our Regulatory Program.

    We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Visit rrs.usace.army.mil today!

    For additional information on or to provide feedback on RRS, please contact us using the following email: rrs@usace.army.mil. 

Legal Authorities

Statutory Authority
The following laws define the regulatory authorities and responsibilities of the Corps of Engineers:

Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) prohibits the obstruction or alteration of navigable waters of the United States without a permit from the Corps of Engineers.

Typical activities requiring Section 10 permits are:

Construction of piers, wharves, bulkheads, dolphins, marinas, ramps, floats, intake structures, and cable or pipeline crossings.
Dredging and excavation Section 404 of the Clean Water Act (33 U.S.C. 1344) prohibits the discharge of dredged or fill material into waters of the United States without a permit from the Corps of Engineers. The phrase "waters of the United States" includes navigable waters, but also includes non-navigable waterbodies, perennial and intermittent streams, wetlands, mudflats, and ponds.

Typical activities, although not entirely inclusive, that would require Section 404 permits are the depositing of fill or dredged material in waters of the U.S., for such things as:
 
  • Utility installations, stream relocations or culverting
  • Site development fills for residential, commercial, or recreational developments
  • Construction of revetments, groins, breakwaters, levees, dams, dikes, and weirs
  • Placement of riprap and road fills
Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1413) authorizes the Corps of Engineers to issue permits for the transportation of dredged material for the purpose of disposal within ocean waters.

Other laws which may also affect the processing of your application are described below.
 
Section 401 of the Clean Water Act requires applicants to obtain a certification or waiver from the New York State Department of Environmental Conservation for any activity that may result in a discharge of a pollutant into waters of the United States, including any dredged or fill materials. This agency reviews the effect on water quality standards.

Section 307(c) of the Coastal Zone Management Act of 1972, as amended, requires applicants to obtain a certification or waiver that the activity complies with the state's coastal zone management program for activities affecting a state's coastal zone.
 
Permits
Types of permits include Individual, Nationwide and Regional. Contact the Corps of Engineers for proposed work in waters in your area. Exemptions, nationwide, regional and individual permit requirements will be reviewed. Discussing all information prior to application submittal will aid in your application being processed more efficiently.

Depending upon the type of and amount of proposed impacts within waters of the United States, including wetlands, the applicant may need to propose compensatory mitigation to offset adverse impacts to waters.

You can review the information and links on this website, including our listing of monthly Permit Decisions, to familiarize yourself with the issues and what may be required for your particular permitting process.
 
For more information on the Corps of Engineers Regulatory Program and avatars to assist in completing the permit application, visit the Corps of Engineers Headquarters Regulatory website.