Triggered missed date from extending Incidental Take Authorization Decision Rendered within 30 days of its current target date which was 10/30/2021 and extended to 12/22/2021
Cooperating under NEPA
Description:
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The Marine Mammal Protection Act (MMPA) prohibits "take" of marine mammals with certain exceptions. An incidental take authorization, which may be issued provided certain findings are made, allows for the "take" of marine mammals provided the authorized entity abides by mitigation and monitoring measures and take limits established in the authorization. The project proponent has communicated to NMFS OPR that the activity may result in the incidental “take" of marine mammals and has expressed plans to submit a request for an MMPA incidental take authorization. Based on initial feedback from the applicant, we anticipate the incidental take authorization under the MMPA for this project will be an incidental harassment authorization (IHA). |
Milestones:
This date is based on an initial IHA application being submitted by the applicant at least 2-3 months prior to this date to ensure time for the applicant to provide additional information or make revisions that NMFS indicates are necessary in order to deem the application adequate and complete.
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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: 01/08/2021
NOAA’s ability to meet this schedule is contingent upon receipt of adequate and complete application information. Publication of the proposed IHA generally takes approximately 2 to 4 months after the application is determined to be adequate and complete, depending on the complexity of the project. Additionally, completion of this milestone is contingent upon publication of the DEIS.
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Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 10/01/2021 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 11/23/2021
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Monthly Status Report for December 2021:The final completion date for the NOAA action, "Incidental Take Authorization Decision Rendered" was scheduled for 10/30/2021, but was missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision" which, BOEM indicated on 10/21/2021 that it would miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM established an alternate completion date for these actions and the Record of Decision was published on 11/24/21. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action per 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA consulted with BOEM to establish an alternative completion date of 12/22/2021 for the "Incidental Take Authorization Decision Rendered" action. As the Record of Decision was published on 11/24/21, NOAA will be able to complete the final MMPA milestone as currently scheduled on 12/22/2021.
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Monthly Status Report for November 2021:The final completion date for the NOAA action, "Incidental Take Authorization Decisions Rendered" was scheduled for 10/30/2021, but was missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision", which BOEM indicated on 10/21/2021 that it would miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM has established an alternate completion date for these actions of 11/23/2021. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action. 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA has consulted with BOEM to establish an alternative completion date of 12/22/2021 for the "Incidental Take Authorization Decision Rendered" action. Assuming the 11/23/2021 target milestone completion date for BOEM's "Issuance of Lead Agency Record of Decision" is met, NOAA will be able to complete the final MMPA milestone as currently scheduled on 12/22/2021.
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Non-conformance Explanation:The final completion date for the NOAA action, "Incidental Take Authorization Decision Rendered," which currently is scheduled for 10/30/2021, will be missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision" which, BOEM indicated on 10/21/2021 that it will miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM has established an alternate completion date for these actions of 11/23/2021. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action. 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA has consulted with BOEM to establish an alternative completion date of 12/22/2021, for the "Incidental Take Authorization Decision Rendered" action.
NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required findings. It is also contingent upon issuance of the Biological Opinion and Record of Decision.
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Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 10/01/2021 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 11/23/2021
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Monthly Status Report for December 2021:The final completion date for the NOAA action, "Incidental Take Authorization Decision Rendered" was scheduled for 10/30/2021, but was missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision" which, BOEM indicated on 10/21/2021 that it would miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM established an alternate completion date for these actions and the Record of Decision was published on 11/24/21. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action per 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA consulted with BOEM to establish an alternative completion date of 12/22/2021 for the "Incidental Take Authorization Decision Rendered" action. As the Record of Decision was published on 11/24/21, NOAA will be able to complete the final MMPA milestone as currently scheduled on 12/22/2021.
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Monthly Status Report for November 2021:The final completion date for the NOAA action, "Incidental Take Authorization Decisions Rendered" was scheduled for 10/30/2021, but was missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision", which BOEM indicated on 10/21/2021 that it would miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM has established an alternate completion date for these actions of 11/23/2021. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action. 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA has consulted with BOEM to establish an alternative completion date of 12/22/2021 for the "Incidental Take Authorization Decision Rendered" action. Assuming the 11/23/2021 target milestone completion date for BOEM's "Issuance of Lead Agency Record of Decision" is met, NOAA will be able to complete the final MMPA milestone as currently scheduled on 12/22/2021.
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Non-conformance Explanation:The final completion date for the NOAA action, "Incidental Take Authorization Decision Rendered," which currently is scheduled for 10/30/2021, will be missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision" which, BOEM indicated on 10/21/2021 that it will miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM has established an alternate completion date for these actions of 11/23/2021. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action. 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA has consulted with BOEM to establish an alternative completion date of 12/22/2021, for the "Incidental Take Authorization Decision Rendered" action.
NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required findings. It is also contingent upon issuance of the Biological Opinion and Record of Decision.
PROJECT WEBSITE: South Fork Wind Farm - Deepwater Wind
All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
COMPLETE
COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
01/18/2022
ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED
SECTOR
Renewable Energy Production
CATEGORY
Project Category
FAST-41 Covered Projects
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, US Army Corps of Engineers - Regulatory
Department of Commerce, National Oceanic and Atmospheric Administration
Department of the Interior, Fish and Wildlife Service
Environmental Protection Agency
Description:
The purpose of the South Fork Wind Farm (the Project) is to generate electricity from an offshore wind farm and transmit it to the existing East Hampton Substation, part of the Long Island Power Authority (LIPA) electric transmission and distribution system in East Hampton, New York. The Project addresses the need identified by LIPA for new sources of power generation that can cost-effectively and reliably supply the South Fork of Suffolk County, Long Island, as an alternative to constructing new transmission facilities. The Project will also help LIPA achieve its renewable energy goals. The Project will enable Deepwater South Fork to fulfill its contractual commitments to LIPA pursuant to a Power Purchase Agreement (PPA) executed in 2017 resulting from LIPA's technology-neutral competitive bidding process.
The South Fork Wind Farm is located in federal waters on the Outer Continental Shelf (OCS), specifically in Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0517, approximately 19 miles southeast of Block Island, Rhode Island, and approximately 35 miles east of Montauk Point, New York; The South Fork Export Cable is located on the OCS, in New York State Territorial Waters, and in the Town of East Hampton, New York.
Update:
The Executive Director granted a BOEM request to extend the final completion date for “Outer Continental Shelf (OCS) Air Permit,” “Issuance of final decision for permit/approval” until 01/18/2022. The Executive Director determination is available here.
The final completion date for the NOAA action, "Incidental Take Authorization Decision Rendered," which currently is scheduled for 10/30/2021, will be missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision" which, BOEM indicated on 10/21/2021 that it will miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM has established an alternate completion date for these actions of 11/23/2021. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action. 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA has consulted with BOEM to establish an alternative completion date of 12/22/2021, for the "Incidental Take Authorization Decision Rendered" action.
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Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 10/01/2021 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 11/23/2021
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Monthly Status Report for December 2021:The final completion date for the NOAA action, "Incidental Take Authorization Decision Rendered" was scheduled for 10/30/2021, but was missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision" which, BOEM indicated on 10/21/2021 that it would miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM established an alternate completion date for these actions and the Record of Decision was published on 11/24/21. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action per 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA consulted with BOEM to establish an alternative completion date of 12/22/2021 for the "Incidental Take Authorization Decision Rendered" action. As the Record of Decision was published on 11/24/21, NOAA will be able to complete the final MMPA milestone as currently scheduled on 12/22/2021.
-
Monthly Status Report for November 2021:The final completion date for the NOAA action, "Incidental Take Authorization Decisions Rendered" was scheduled for 10/30/2021, but was missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision", which BOEM indicated on 10/21/2021 that it would miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM has established an alternate completion date for these actions of 11/23/2021. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action. 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA has consulted with BOEM to establish an alternative completion date of 12/22/2021 for the "Incidental Take Authorization Decision Rendered" action. Assuming the 11/23/2021 target milestone completion date for BOEM's "Issuance of Lead Agency Record of Decision" is met, NOAA will be able to complete the final MMPA milestone as currently scheduled on 12/22/2021.
-
Non-conformance Explanation:The final completion date for the NOAA action, "Incidental Take Authorization Decision Rendered," which currently is scheduled for 10/30/2021, will be missed because the action is dependent on BOEM's completion of "Issuance of Lead Agency Record of Decision" which, BOEM indicated on 10/21/2021 that it will miss due to the Section 106 consultation extending beyond the original target completion date. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F), BOEM has established an alternate completion date for these actions of 11/23/2021. Because BOEM notified NOAA of the alternative completion date for these actions within 30 days of NOAA's planned completion date for the Incidental Take Authorization Decision Rendered action, NOAA could not modify the completion date for its action. 42 U.S.C. 4370m-2(c)(2)(D)(ii). NOAA has consulted with BOEM to establish an alternative completion date of 12/22/2021, for the "Incidental Take Authorization Decision Rendered" action.
NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required findings. It is also contingent upon issuance of the Biological Opinion and Record of Decision.