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FAST-41 Missed Date:Endangered Species Act Consultation (DOI-FWS): ESA Consultation Concludes (Agency Action)

Submitted by bonnie.houghto… on

Triggered missed date from extending ESA Consultation Concludes (Agency Action) within 30 days of its current target date which was 03/14/2023 and extended to 08/17/2023

Action
Project Name:
Coastal Virginia Offshore Wind Commercial Project
Responsible Agency:
Fish and Wildlife Service
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Cindy Schulz
POC Title:
Supervisor, Virginia Field Office
POC Email:
Cindy_schulz@fws.gov

Description:

This schedule is for a ESA section 7 consultation should BOEM determine the project may affect federally listed species or designated critical habitat.

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
Completed Date:
Milestone Details

FWS anticipates receiving a request for consultation and a BA with release of the DEIS. 

FWS determines ESA Consultation Package is Complete - Formal (Agency Action)
  • Monthly Status Report for June 2023:
    On March 31, 2023, FWS determined the ESA consultation package complete.
  • Monthly Status Report for April 2023:
    USFWS confirmed that this milestone was met on 3/31/23.
  • Monthly Status Report for January 2023:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the original planned August 2022 date. On June 29, 2022 FPISC OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with current schedule and consultation timelines.
  • Monthly Status Report for December 2022:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the original planned August 2022 date. On June 29, 2022 FPISC OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with current schedule and consultation timelines. Justification was provided by BOEM on 1/23/23 with alternative completion date provided on 3/31/23.  The dashboard was updated on 1/25/23 with the nonconformance explanation and alternative completion date.
  • Non-conformance Explanation:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the original planned August 2022 date. On June 29, 2022 FPISC OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with current schedule and consultation timelines.
Current Target Date:
Milestone Details

This date assumes that the BA with the DEIS does not need additional information. If the BA is incomplete, FWS and BOEM will adjust the schedule as needed. 

ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for June 2023:
    On March 31, 2023, the FWS determined that the ESA consultation package was complete and anticipated meeting the Sep 1, 2023 milestone to conclude consultation. 
  • 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 February 28, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On March 30, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the action was already in nonconformance, it 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.
  • Monthly Status Report for April 2023:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the originally planned August 2022 date.  On June 29, 2022, FPISC-OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with the current schedule and consultation timelines.  The second ESA consultation milestone, the "USFWS Determines the ESA Consultation Package is Complete", was completed on March 31, 2023.
  • Non-conformance Explanation:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the original planned August 2022 date. On June 29, 2022 FPISC OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with current schedule and consultation timelines.
Current Target Date:
Milestone Details

 Assumes formal consultation, with completion 135 days after receipt of a complete consultation package. FWS and BOEM will adjust the schedule if formal consultation is not needed.  


View Action's Modification History

Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for June 2023:
    On March 31, 2023, the FWS determined that the ESA consultation package was complete and anticipated meeting the Sep 1, 2023 milestone to conclude consultation. 
  • 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 February 28, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On March 30, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the action was already in nonconformance, it 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.
  • Monthly Status Report for April 2023:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the originally planned August 2022 date.  On June 29, 2022, FPISC-OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with the current schedule and consultation timelines.  The second ESA consultation milestone, the "USFWS Determines the ESA Consultation Package is Complete", was completed on March 31, 2023.
  • Non-conformance Explanation:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the original planned August 2022 date. On June 29, 2022 FPISC OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with current schedule and consultation timelines.
Current Target Date:
Milestone Details

 Assumes formal consultation, with completion 135 days after receipt of a complete consultation package. FWS and BOEM will adjust the schedule if formal consultation is not needed.  

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
04/09/2024

11 out of 11

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 - Civil Works

Department of the Army

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

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Environmental Protection Agency

Environmental Protection Agency

Description:

Dominion Energy is proposing to construct, own, and operate the Coastal Virginia Offshore Wind (CVOW) Commercial Project (the Project). The Project will be located in the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Offshore Virginia (Lease No. OCS-A-0483) (Lease Area). The Lease Area, located within Official Protraction Diagram NJ18-11 Currituck Sound, covers approximately 112,799 acres (45,658 hectares) and is approximately 27 statute miles (23.75 nautical miles, 43.99 kilometers) off the Virginia Beach coastline.

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. 

field_status
Rejected
System Comments
Triggered missed date from extending ESA Consultation Concludes (Agency Action) within 30 days of its current target date which was 03/14/2023 and extended to 08/17/2023
Approver Comments
The FWS ESA action was already in nonconformance due to the second milestone being missed. The nonconformance triggered for the final milestone is now being enabled and will be updated with the 8/17/23 alternative completion date.
Previous Action Status
Planned
New Action Status
Planned
Missed Date Process
Yes
Missed Date Triggered by Extension
Yes
Agency Notified Date
New Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for June 2023:
    On March 31, 2023, the FWS determined that the ESA consultation package was complete and anticipated meeting the Sep 1, 2023 milestone to conclude consultation. 
  • 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 February 28, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On March 30, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the action was already in nonconformance, it 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.
  • Monthly Status Report for April 2023:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the originally planned August 2022 date.  On June 29, 2022, FPISC-OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with the current schedule and consultation timelines.  The second ESA consultation milestone, the "USFWS Determines the ESA Consultation Package is Complete", was completed on March 31, 2023.
  • Non-conformance Explanation:
    The CVOW project NEPA schedule was delayed by four months resulting in a December 16, 2022 DEIS release date from the original planned August 2022 date. On June 29, 2022 FPISC OED published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022.  The associated USFWS consultation date change requests have been shifted accordingly.  The previous consultation dates were associated with the previous NEPA schedule and therefore out of sync with current schedule and consultation timelines.
Current Target Date:
Milestone Details

 Assumes formal consultation, with completion 135 days after receipt of a complete consultation package. FWS and BOEM will adjust the schedule if formal consultation is not needed.  

Response Date
Reporting Agency
Fish and Wildlife Service