Agency Milestone Date of 4/3/23 for ESA Consultation Concludes (Agency Action) has passed by 1 business days
Cooperating under NEPA
Description:
The Service will consult with BOEM on any project-related activities that may affect federally listed species or critical habitat. BOEM provided a revised BA on 8/23/22 per the Service's request. Once the Service has reviewed that information, we will coordinate with BOEM and FPISC to revise the final Milestone if needed. On 10/4/22, BOEM provided all the elements of a complete BA, including assessing collision risks for at-risk species.
Milestones:
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Non-conformance Explanation:In a letter dated February 10, 2023, FWS stated that the collision risk posed by wind turbine generator operation is likely to adversely affect piping plover, rufa red knot, and roseate tern and that FWS is proceeding with formal consultation for these species effects. On February 13, 2023, and February 23, 2023, FWS notified BOEM via email that additional time is needed for FWS’s preparation of the draft Biological Opinion (BO), BOEM’s review of the draft BO, and FWS’s preparation of the final BO. Coordination between FWS and BOEM resulted in agreement that FWS would provide a draft BO on April 14, 2023, to BOEM for review, and BOEM would complete their review of the draft BO and provide FWS comments by April 26, 2023, and FWS would submit the final BO to BOEM by May 12, 2023. Thus, BOEM and FWS requested to change the "ESA Consultation Concludes" milestone date from April 3, 2023 to May 12, 2023. Since the final milestone is moving by more than 30-days, an Executive Director (ED) determination request was required. The request to extend the final milestone date was submitted through an ED determination request on March 1, 2023, two days in advance of the FAST-41 30-day lockout period which began March 3, 3023. However, even though the request was submitted two days before the 30-day lockout, the analysis and coordination required by the ED determination process could not be completed prior to the 30-day lockout period. Therefore, the milestone went to nonconformance.
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Non-conformance Explanation:In a letter dated February 10, 2023, FWS stated that the collision risk posed by wind turbine generator operation is likely to adversely affect piping plover, rufa red knot, and roseate tern and that FWS is proceeding with formal consultation for these species effects. On February 13, 2023, and February 23, 2023, FWS notified BOEM via email that additional time is needed for FWS’s preparation of the draft Biological Opinion (BO), BOEM’s review of the draft BO, and FWS’s preparation of the final BO. Coordination between FWS and BOEM resulted in agreement that FWS would provide a draft BO on April 14, 2023, to BOEM for review, and BOEM would complete their review of the draft BO and provide FWS comments by April 26, 2023, and FWS would submit the final BO to BOEM by May 12, 2023. Thus, BOEM and FWS requested to change the "ESA Consultation Concludes" milestone date from April 3, 2023 to May 12, 2023. Since the final milestone is moving by more than 30-days, an Executive Director (ED) determination request was required. The request to extend the final milestone date was submitted through an ED determination request on March 1, 2023, two days in advance of the FAST-41 30-day lockout period which began March 3, 3023. However, even though the request was submitted two days before the 30-day lockout, the analysis and coordination required by the ED determination process could not be completed prior to the 30-day lockout period. Therefore, the milestone went to nonconformance.
PROJECT WEBSITE: Ocean Wind
All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS
ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
SUBJECT TO CHANGE
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
Department of the Army, US Army Corps of Engineers - Civil Works
Description:
Ocean Wind, LLC intends to construct, operate and maintain a commercial-scale offshore wind energy facility located approximately 15 miles off the coast of New Jersey within Lease Area OCS-A 0498 (the “Ocean Wind 1 Project”). The Ocean Wind 1 Project, consisting of up to 98 wind turbine generators (WTG), inter-array cables, up to three Offshore Substations (OSS), two onshore substations, and two transmission cable routes making landfall in Ocean County, New Jersey and Cape May County, New Jersey, is intended to fulfill the New Jersey Board of Public Utilities’ (BPU) September 20, 2018, solicitation for 1,100 MW of offshore wind capacity, and a corresponding Offshore Wind Renewable Energy Certificate (OREC) allowance of 4,851,489 MW-hours per year was awarded to Ocean Wind via BPU on June 21, 2019 (BPU Docket No. QO18121289, In the Matter of the Board of Public Utilities Offshore Wind Solicitation for 1,100 MW – Evaluation of the Offshore Wind Applications). The Ocean Wind 1 Project would contribute to New Jersey’s goal of 7.5 gigawatts (GW) of offshore wind energy generation by 2035 as outlined in New Jersey Governor’s Executive Order No. 92, issued on November 19, 2019.
Update:
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Endangered Species Act Consultation completion date on September 23, 2022. The Executive Director determination is posted here.
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the EFH consultation and Endangered Species Act Consultation completion date on November 18, 2022. The Executive Director determination is posted here.
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Endangered Species Act Consultation completion date on December 16, 2022. The Executive Director determination is posted here.
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Construction and Operations Plan, Environmental Impact Statement, and Section 106 completion date on January 31, 2023. The Executive Director determination is posted here.
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Non-conformance Explanation:In a letter dated February 10, 2023, FWS stated that the collision risk posed by wind turbine generator operation is likely to adversely affect piping plover, rufa red knot, and roseate tern and that FWS is proceeding with formal consultation for these species effects. On February 13, 2023, and February 23, 2023, FWS notified BOEM via email that additional time is needed for FWS’s preparation of the draft Biological Opinion (BO), BOEM’s review of the draft BO, and FWS’s preparation of the final BO. Coordination between FWS and BOEM resulted in agreement that FWS would provide a draft BO on April 14, 2023, to BOEM for review, and BOEM would complete their review of the draft BO and provide FWS comments by April 26, 2023, and FWS would submit the final BO to BOEM by May 12, 2023. Thus, BOEM and FWS requested to change the "ESA Consultation Concludes" milestone date from April 3, 2023 to May 12, 2023. Since the final milestone is moving by more than 30-days, an Executive Director (ED) determination request was required. The request to extend the final milestone date was submitted through an ED determination request on March 1, 2023, two days in advance of the FAST-41 30-day lockout period which began March 3, 3023. However, even though the request was submitted two days before the 30-day lockout, the analysis and coordination required by the ED determination process could not be completed prior to the 30-day lockout period. Therefore, the milestone went to nonconformance.
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