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FAST-41 Missed Date: Kitty Hawk North Wind Project: Endangered Species Act Consultation (DOI-FWS): ESA Consultation Request Package Submitted (Agency Action)

Submitted by jay on

Agency Milestone Date of 10/10/2023 for ESA Consultation Request Package Submitted (Agency Action) has passed by 1 business days

 

Action
Project Name:
Kitty Hawk North Wind Project
Responsible Agency:
Fish and Wildlife Service
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Troy Andersen
POC Title:
Supervisory Fish and Wildlife Biologist, Virginia Field Office
POC Email:
Troy_Andersen@fws.gov

Description:


Section 7(a)(2) of the Endangered Species Act (ESA) requires Federal agencies to consult with US Fish and Wildlife Service when any action they authorize, fund, or carry out may affect an ESA-listed species or designated critical habitat under USFWS’ jurisdiction.  ESA-listed species occur in the action area for the Kitty Hawk Wind project.  The proposed action may affect these resources, therefore Section 7 consultation is required.

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
  • Monthly Status Report for December 2024:
    New project sponsor, Dominion, recently acquired the lease. BOEM and Permitting Council will coordinate with the sponsor regarding plans for the project and the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for November 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for October 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for September 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for August 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for July 2024:
    Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for June 2024:
    BOEM is still anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package. BOEM plans to submit the ESA consultation package to FWS simultaneous with the publication of the draft EIS in the summer of 2025. 
  • Monthly Status Report for May 2024:
    BOEM is still anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package. BOEM plans to submit the ESA consultation package to FWS simultaneous with the publication of the draft EIS in the summer of 2025. 
  • Monthly Status Report for April 2024:
    BOEM plans to submit the ESA consultation package to FWS simultaneous with the publication of the draft EIS in the summer of 2025. BOEM is anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package.
  • Monthly Status Report for March 2024:
    The project's permitting timetable was recently revised on March 25 and the revision included this milestone. BOEM extended the environmental review milestones to allow the Sponsor time to update inputs into the acoustic modelling, and to refresh analysis of the modeling results, to adequately assess environmental effects of the proposed project. These actions will inform COP updates needed for BOEM to prepare and submit to FWS the ESA consultation package to meet the revised milestone date of July 11. 2025.  
  • Monthly Status Report for February 2024:
    BOEM intends to submit the ESA package to FWS coincident with the publication of the draft EIS. BOEM is currently adjusting the proposed timetable for the NEPA schedule in response to a request from the Sponsor and will provide that to the Permitting Council after consulting with consulting agencies and the Sponsor.
  • Monthly Status Report for January 2024:
    As a result of the sponsor's intent to submit an updated COP (with changes to the PDE) in March of 2024, BOEM has developed a revised timetable for this project. BOEM developed the revised timetable after reviewing the project schedule with the cooperating agencies and in consultation with the project sponsor. The revised timetable encompasses all remaining milestones, including milestones for this nonconformant action. The revised timetable will be part of an Executive Director Determination (EDD) request BOEM intends to submit to the Permitting Council in February. While an Executive Director Determination (EDD) is not needed to update this milestone, BOEM intends to adopt the revised timetable upon receipt of an EDD.
  • Monthly Status Report for December 2023:
    The sponsor is expected to submit an updated COP with changes to Project Design Envelope (PDE), anticipated submission by Feb or March of 2024. BOEM is undertaking a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. The review will result in an updated permitting time table for all actions, including this milestone. BOEM anticipates updating milestone dates in January 2024.
  • Monthly Status Report for November 2023:
    The agencies are on track to meet the alternative completion date in 2024.
  • Monthly Status Report for October 2023:
    The agencies are on track to meet the alternative completion date in 2024.
  • Monthly Status Report for September 2023:
    The agencies are on track to meet the alternative completion date in 2024.
  • Monthly Status Report for August 2023:
    The agencies are on track to meet the alternative completion date in 2024.
  • Monthly Status Report for July 2023:
    The agencies are on track to meet the alternative completion date in 2024
  • Monthly Status Report for June 2023:
    BOEM is on track to submit the ESA consultation request package to FWS in time to meet the ESA milestone of April 26, 2024. 
  • Monthly Status Report for May 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023, for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 12, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard. 
  • Non-conformance Explanation:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request, from BOEM to FPISC on April 21, 2023, for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 12, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of ESA and EFH actions. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the posted completion dates of these actions, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), these actions were not modified through the ED Determination and are instead following the non-conformance protocol. The original dates for actions under the ESA with NMFS and FWS, respectively, and EFH with NMFS, are no longer viable under the new schedule due to interdependencies with the NEPA schedule and MMPA actions.  BOEM proposes new dates for these actions as submitted to the FAST-41 dashboard, with concurrence from the respective Cooperating Agencies, in order to successfully meet the project permitting schedule as approved.
Current Target Date:
FWS determines ESA Consultation Package is Complete - Formal (Agency Action)
Current Target Date:
ESA Consultation Concludes (Agency Action)
Current Target Date:


View Action's Modification History

Milestone
ESA Consultation Request Package Submitted (Agency Action)
  • Monthly Status Report for December 2024:
    New project sponsor, Dominion, recently acquired the lease. BOEM and Permitting Council will coordinate with the sponsor regarding plans for the project and the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for November 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for October 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for September 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for August 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for July 2024:
    Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for June 2024:
    BOEM is still anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package. BOEM plans to submit the ESA consultation package to FWS simultaneous with the publication of the draft EIS in the summer of 2025. 
  • Monthly Status Report for May 2024:
    BOEM is still anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package. BOEM plans to submit the ESA consultation package to FWS simultaneous with the publication of the draft EIS in the summer of 2025. 
  • Monthly Status Report for April 2024:
    BOEM plans to submit the ESA consultation package to FWS simultaneous with the publication of the draft EIS in the summer of 2025. BOEM is anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package.
  • Monthly Status Report for March 2024:
    The project's permitting timetable was recently revised on March 25 and the revision included this milestone. BOEM extended the environmental review milestones to allow the Sponsor time to update inputs into the acoustic modelling, and to refresh analysis of the modeling results, to adequately assess environmental effects of the proposed project. These actions will inform COP updates needed for BOEM to prepare and submit to FWS the ESA consultation package to meet the revised milestone date of July 11. 2025.  
  • Monthly Status Report for February 2024:
    BOEM intends to submit the ESA package to FWS coincident with the publication of the draft EIS. BOEM is currently adjusting the proposed timetable for the NEPA schedule in response to a request from the Sponsor and will provide that to the Permitting Council after consulting with consulting agencies and the Sponsor.
  • Monthly Status Report for January 2024:
    As a result of the sponsor's intent to submit an updated COP (with changes to the PDE) in March of 2024, BOEM has developed a revised timetable for this project. BOEM developed the revised timetable after reviewing the project schedule with the cooperating agencies and in consultation with the project sponsor. The revised timetable encompasses all remaining milestones, including milestones for this nonconformant action. The revised timetable will be part of an Executive Director Determination (EDD) request BOEM intends to submit to the Permitting Council in February. While an Executive Director Determination (EDD) is not needed to update this milestone, BOEM intends to adopt the revised timetable upon receipt of an EDD.
  • Monthly Status Report for December 2023:
    The sponsor is expected to submit an updated COP with changes to Project Design Envelope (PDE), anticipated submission by Feb or March of 2024. BOEM is undertaking a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. The review will result in an updated permitting time table for all actions, including this milestone. BOEM anticipates updating milestone dates in January 2024.
  • Monthly Status Report for November 2023:
    The agencies are on track to meet the alternative completion date in 2024.
  • Monthly Status Report for October 2023:
    The agencies are on track to meet the alternative completion date in 2024.
  • Monthly Status Report for September 2023:
    The agencies are on track to meet the alternative completion date in 2024.
  • Monthly Status Report for August 2023:
    The agencies are on track to meet the alternative completion date in 2024.
  • Monthly Status Report for July 2023:
    The agencies are on track to meet the alternative completion date in 2024
  • Monthly Status Report for June 2023:
    BOEM is on track to submit the ESA consultation request package to FWS in time to meet the ESA milestone of April 26, 2024. 
  • Monthly Status Report for May 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023, for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 12, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard. 
  • Non-conformance Explanation:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request, from BOEM to FPISC on April 21, 2023, for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 12, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of ESA and EFH actions. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the posted completion dates of these actions, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), these actions were not modified through the ED Determination and are instead following the non-conformance protocol. The original dates for actions under the ESA with NMFS and FWS, respectively, and EFH with NMFS, are no longer viable under the new schedule due to interdependencies with the NEPA schedule and MMPA actions.  BOEM proposes new dates for these actions as submitted to the FAST-41 dashboard, with concurrence from the respective Cooperating Agencies, in order to successfully meet the project permitting schedule as approved.
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

0 out of 0

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

Description:

Update: In June 2022, the project name changed from Kitty Hawk Wind Project to Kitty Hawk North Wind Project to reflect the segmenting of the project.

The purpose of the Kitty Hawk North Wind Project is to develop a commercial-scale, offshore wind energy facility in Commercial Lease OCS-A 0508 offshore North Carolina, with up to 69 total wind turbine generators, 1 offshore substation (also called “electrical service platform”), inter-array cables, 1 onshore substation, and up to 2 transmission cables making landfall in Virginia Beach, Virginia, and connecting to the Pennsylvania-New Jersey-Maryland (PJM) Interconnection energy grid. Kitty Hawk is actively seeking one or more power purchase agreement awards for this project. The project is intended to substantially contribute to the region’s electrical reliability and help Virginia achieve its renewable energy goals as stated in the Virginia Clean Economy Act.

FAST-41 provides increased transparency and predictability by requiring Federal agencies to publish comprehensive permitting timetables for all "covered" projects, and provides clear procedures for modifying permitting timetables to address the unpredictability inherent in the environmental review and permitting process for significant infrastructure projects. For more information, see "The FAST-41 Process" at  https://www.permits.performance.gov/fpisc-content/fast-41-process. 

The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the NEPA, COP, Section 106, Section 10/404/408, and OCS air permit actions completion date on May 12, 2023. The Executive Director determination is posted here.

field_status
Rejected
System Comments
Agency Milestone Date of 10/10/2023 for ESA Consultation Request Package Submitted (Agency Action) has passed by 1 business days
Approver Comments
<p>New project sponsor, Dominion, recently acquired the lease. BOEM and Permitting Council will coordinate with the sponsor regarding plans for the project and the permitting timetable on the FAST-41 Dashboard.</p>
Previous Action Status
Planned
New Action Status
Planned
Missed Date Process
Yes
Missed Date Triggered by Extension
No
Agency Notified Date
Response Date
Original Milestone

There are no milestones to display.

Furthest Original Target Date Milestone

There are no milestones to display.

Reporting Agency
Fish and Wildlife Service