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

Submitted by Anonymous on

Agency Milestone Date of 04/23/2023 for ESA Consultation Concludes (Agency Action) has passed by 1 business days

Action
Project Name:
New England Wind
Responsible Agency:
Fish and Wildlife Service
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
In Progress

Description:

The ESA consultation will look at the effects of the project on federally listed species. Through BOEM, FWS, and project sponsor coordination, the consultation schedule was revised to accommodate other project schedule changes that resulted in modified dates for the EIS and ROD.

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
Completed Date:
FWS determines ESA Consultation Package is Complete - Formal (Agency Action)
Completed Date:
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for September 2023:
    Missed August 21 milestone due to late submittal from Sponsor regarding onshore substation.  On track for alternative milestone of September 29.
  • Monthly Status Report for August 2023:
    Missed August 21 milestone due to late submittal from Sponsor regarding onshore substation.  On track for alternative milestone of September 29.
  • Monthly Status Report for July 2023:
    On April 6, 2023, FWS deemed the ESA package complete and anticipates meeting the Aug 21 milestone to conclude consultation.
  • Monthly Status Report for June 2023:
    On April 6, 2023, FWS deemed the ESA package complete and anticipates meeting the Aug 21 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 April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 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:
    The lead federal action agency, 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 milestones for the New England Wind Project.  The review culminated in BOEM submitting a Final Schedule and Request to Shift associated Consultation Milestones on April 11, 2023 to FPISC for an Executive Director (ED) Determination, identifying a confluence of interconnected issues that contributed to the need to revise the overall permitting timetable and justify several milestone changes, including this one, for the New England Wind Project.  In order to be in compliance with the Data Management Guide, the ED Determination request needed to be submitted by March 4, 2023, at least 50-days before the posted milestone completion date of April 23, 2023 (see page 32 of the DMG).  The purpose of the 50-day period is to allow sufficient time for FPISC to complete the necessary analysis and coordination with the agencies and project sponsor for an ED Determination prior to the 30-day lockout period.  In this instance, the request was received on April 11, 2023, 12 days before the posted milestone date of April 23, 2023, which was 38 days into the 50-day period and 18 days into the 30-day lockout period.  FPISC was unable to complete the necessary analysis and coordination for an ED Determination before the posted milestone completion date.  Therefore, this milestone moved into nonconformance.
Current Target Date:


View Action's Modification History

Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for September 2023:
    Missed August 21 milestone due to late submittal from Sponsor regarding onshore substation.  On track for alternative milestone of September 29.
  • Monthly Status Report for August 2023:
    Missed August 21 milestone due to late submittal from Sponsor regarding onshore substation.  On track for alternative milestone of September 29.
  • Monthly Status Report for July 2023:
    On April 6, 2023, FWS deemed the ESA package complete and anticipates meeting the Aug 21 milestone to conclude consultation.
  • Monthly Status Report for June 2023:
    On April 6, 2023, FWS deemed the ESA package complete and anticipates meeting the Aug 21 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 April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 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:
    The lead federal action agency, 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 milestones for the New England Wind Project.  The review culminated in BOEM submitting a Final Schedule and Request to Shift associated Consultation Milestones on April 11, 2023 to FPISC for an Executive Director (ED) Determination, identifying a confluence of interconnected issues that contributed to the need to revise the overall permitting timetable and justify several milestone changes, including this one, for the New England Wind Project.  In order to be in compliance with the Data Management Guide, the ED Determination request needed to be submitted by March 4, 2023, at least 50-days before the posted milestone completion date of April 23, 2023 (see page 32 of the DMG).  The purpose of the 50-day period is to allow sufficient time for FPISC to complete the necessary analysis and coordination with the agencies and project sponsor for an ED Determination prior to the 30-day lockout period.  In this instance, the request was received on April 11, 2023, 12 days before the posted milestone date of April 23, 2023, which was 38 days into the 50-day period and 18 days into the 30-day lockout period.  FPISC was unable to complete the necessary analysis and coordination for an ED Determination before the posted milestone completion date.  Therefore, this milestone moved into nonconformance.
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
07/22/2024

9 out of 9

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 Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

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

Environmental Protection Agency

Environmental Protection Agency

Description:

Update: In October 2021, the project name changed from Vineyard Wind South to New England Wind to reflect restructuring of the project’s parent companies (for more information, see Vineyard Wind’s September 21, 2021 press release).

New England Wind is the proposal to develop offshore renewable wind energy facilities in BOEM Lease Area OCS-A 0534 along with associated offshore and onshore cabling, onshore substations, and onshore operations and maintenance (O&M) facilities. Park City Wind LLC, a wholly owned subsidiary of Avangrid Renewables, LLC, is the Proponent and would be responsible for the construction, operation, and decommissioning of New England Wind. New England Wind will be developed in two Phases. If approved, Phase 1, also known as the Park City Wind project, will be developed in the northeastern portion of Lease Area OCS-A 0534.  Phase 2, also known as Commonwealth Wind, will be located southwest of Phase 1.

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
Agency Milestone Date of 04/23/2023 for ESA Consultation Concludes (Agency Action) has passed by 1 business days
Previous Action Status
In Progress
New Action Status
In Progress
Missed Date Process
Yes
Missed Date Triggered by Extension
No
Agency Notified Date
New Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for September 2023:
    Missed August 21 milestone due to late submittal from Sponsor regarding onshore substation.  On track for alternative milestone of September 29.
  • Monthly Status Report for August 2023:
    Missed August 21 milestone due to late submittal from Sponsor regarding onshore substation.  On track for alternative milestone of September 29.
  • Monthly Status Report for July 2023:
    On April 6, 2023, FWS deemed the ESA package complete and anticipates meeting the Aug 21 milestone to conclude consultation.
  • Monthly Status Report for June 2023:
    On April 6, 2023, FWS deemed the ESA package complete and anticipates meeting the Aug 21 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 April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 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:
    The lead federal action agency, 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 milestones for the New England Wind Project.  The review culminated in BOEM submitting a Final Schedule and Request to Shift associated Consultation Milestones on April 11, 2023 to FPISC for an Executive Director (ED) Determination, identifying a confluence of interconnected issues that contributed to the need to revise the overall permitting timetable and justify several milestone changes, including this one, for the New England Wind Project.  In order to be in compliance with the Data Management Guide, the ED Determination request needed to be submitted by March 4, 2023, at least 50-days before the posted milestone completion date of April 23, 2023 (see page 32 of the DMG).  The purpose of the 50-day period is to allow sufficient time for FPISC to complete the necessary analysis and coordination with the agencies and project sponsor for an ED Determination prior to the 30-day lockout period.  In this instance, the request was received on April 11, 2023, 12 days before the posted milestone date of April 23, 2023, which was 38 days into the 50-day period and 18 days into the 30-day lockout period.  FPISC was unable to complete the necessary analysis and coordination for an ED Determination before the posted milestone completion date.  Therefore, this milestone moved into nonconformance.
Current Target Date:
Response Date
Reporting Agency
Fish and Wildlife Service