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FAST-41 Missed Date: Atlantic Shores South: Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation: NOAA determines EFH Assessment is Complete (Agency Action)

Submitted by jay on

Agency Milestone Date of 04/03/2023 for NOAA determines EFH Assessment is Complete (Agency Action) has passed by 1 business days

Action
Project Name: Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Sue Tuxbury
POC Title:
Program Coordinator

Description:

Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires federal agencies to consult with NOAA Fisheries on any action or proposed action that may adversely affect Essential Fish Habitat (EFH).  EFH exists throughout all of the coastal and offshore areas affected by the Atlantic Shores project and associated transmission system.  The proposed action may adversely affect these resources, therefore EFH consultation is required.  Based on anticipated adverse impacts to EFH, an expanded consultation will be required.  The final consultation completion date is contingent upon NOAA Fisheries receiving sufficient information to initiate EFH consultation. Also note that NMFS has authorities under the Fish and Wildlife Coordination Act for this project.  NMFS expects the coordination and consultation under the Fish and Wildlife Coordination Act to be concurrent with the EFH consultation.

This initial permitting timetable for Atlantic Shores reflects the best estimates of the agencies based on past singular offshore wind projects, but is likely to vary, depending on the receipt of sufficient required information from the project sponsor, and the number and timing of concurrent projects.

Milestones:

EFH Consultation Request Submitted – EFH Assessment (Agency Action)
Completed Date:
Milestone Details

This reflects the anticipated date of receipt of initial EFH Assessment from BOEM and reflects the beginning of the cooperating agency review for the DEIS. EFH consultation request is set to be concurrent with receipt of the preliminary DEIS for cooperating agency review.  Meeting this milestone target date is contingent upon NOAA Fisheries receiving an EFH Assessment from the lead agency by the date provided.

NOAA determines EFH Assessment is Complete (Agency Action)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 05/05/2023
  • Monthly Status Report for September 2023:
    Milestone completed on May 19, 2023.  
  • Monthly Status Report for August 2023:
    Milestone is complete.
  • Monthly Status Report for July 2023:
    Milestone is complete.
  • Monthly Status Report for June 2023:
    BOEM is submitting additional information in anticipation of NMFS determining the EFH assessment complete by the milestone of July 19.
  • Monthly Status Report for May 2023:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
  • Non-conformance Explanation:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
Current Target Date:
Milestone Details

EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from BOEM to initiate EFH consultation (to be provided concurrent with the DEIS). EFH consultation is expected to be initiated within approximately 60 days of the issuance of the NOA of the DEIS to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.

NOAA Issues any EFH Conservation Recommendations (Agency Action)
Current Target Date:
Milestone Details

Issuance of EFH Conservation Recommendations is dependent upon the magnitude of adverse effects and the extent to which BMPs abate those adverse effects. NMFS has approximately 90 days from the date consultation is initiated to provide EFH Conservation Recommendations. BOEM has agreed to provide additional time (over the statutory 60 days) due to the anticipated number of overlapping projects.

Milestone
NOAA determines EFH Assessment is Complete (Agency Action)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 05/05/2023
  • Monthly Status Report for September 2023:
    Milestone completed on May 19, 2023.  
  • Monthly Status Report for August 2023:
    Milestone is complete.
  • Monthly Status Report for July 2023:
    Milestone is complete.
  • Monthly Status Report for June 2023:
    BOEM is submitting additional information in anticipation of NMFS determining the EFH assessment complete by the milestone of July 19.
  • Monthly Status Report for May 2023:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
  • Non-conformance Explanation:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
Current Target Date:
Project

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
12/16/2024

10 out of 10

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Department of the Interior

LEAD AGENCY
Department of the Interior, Bureau of Ocean Energy Management

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Environmental Protection Agency

Environmental Protection Agency

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of the Army

Department of the Army, US Army Corps of Engineers - Civil Works

Description:

The purpose of the Atlantic Shores South (which includes Project 1 and Project 2 or, collectively, the Projects) is to develop two offshore wind energy generation facilities in the Bureau of Ocean Energy Management (BOEM) Lease Area OCSA 0499 to provide clean, renewable energy to the Northeastern U.S. by the mid-to-late 2020s.

field_status
System Comments
Agency Milestone Date of 04/03/2023 for NOAA determines EFH Assessment is Complete (Agency Action) has passed by 1 business days
Approver Comments
There was a Dashboard glitch and both the ESA and EFH for NOAA-NMFS should have triggered for the 4/3/23 missed date. EFH was triggered manually by web team.
Previous Action Status
New Action Status
Missed Date Process
Yes
Missed Date Triggered by Extension
No
Agency Notified Date
Response Date
Original Milestone
NOAA determines EFH Assessment is Complete (Agency Action)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 05/05/2023
  • Monthly Status Report for September 2023:
    Milestone completed on May 19, 2023.  
  • Monthly Status Report for August 2023:
    Milestone is complete.
  • Monthly Status Report for July 2023:
    Milestone is complete.
  • Monthly Status Report for June 2023:
    BOEM is submitting additional information in anticipation of NMFS determining the EFH assessment complete by the milestone of July 19.
  • Monthly Status Report for May 2023:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
  • Non-conformance Explanation:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
Current Target Date:
Furthest Original Target Date Milestone

There are no milestones to display.