The U.S. Army Corps of Engineers (USACE), New England District, has made its determination under Section 10/Section 404 jurisdiction to issue a Corps permit to Cape Wind LLC for its proposed 130 wind turbine project. The USACE made the decision after reviewing the environmental impact statement (EIS) and record of decision on the project compiled by the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE).
The application for the project's federal permit was filed with the USACE of Engineers in compliance with Section 10 of the Rivers and Harbors Act, which provides for federal regulation of any work in or affecting navigable waters of the U.S., and with Section 404 of the Clean Water Act, which regulates the discharge or fill of material in the U.S., including wetlands.
BOEMRE released its final EIS in January 2009 before making its record of decision in April 2010. The USACE has been one of many federal, state and local cooperating agencies in the environmental review process.
SOURCE: U.S. Army Corps of Engineers