USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

FAST-41 Missed Date:Endangered Species Act Consultation (DOI-FWS): FWS determines ESA Consultation Package is Complete - Formal (Agency Action)

Submitted by Anonymous on

Agency Milestone Date of 11/16/2022 for FWS determines ESA Consultation Package is Complete - Formal (Agency Action) has passed by 1 business days

Action
Project Name:
Revolution Wind Farm Project
Responsible Agency:
Fish and Wildlife Service
Agency Status: Cooperating under NEPA
Participating
Status:
Planned
POC Name:
David Simmons
POC Title:
ESA Program Supervisor
POC Email:
david_simmons@fws.gov

Description:

  • Species listed pursuant to the Endangered Species Act (ESA) exist throughout the area affected by the wind farm and associated transmission line.  FWS will consult with BOEM (i.e., the lead agency) if they request ESA consultation or if, prior to that request, the federal action agency informs FWS in writing that they have determined its project may affect species listed, or critical habitats designated, under the ESA.

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
Completed Date:
FWS determines ESA Consultation Package is Complete - Formal (Agency Action)
  • Monthly Status Report for May 2023:
    On 4/13/23, BOEM submitted a new addendum to the Biological Assessment which included substantially new information that must be considered to evaluate the project’s effects to federally listed species.  In light of the new information, the USFWS and BOEM agreed to extend the final milestone from 5/14/23 to 5/30/23 to provide the USFWS sufficient time to factor the new information into the effects analysis of the project. 
  • Monthly Status Report for April 2023:
    On 4/13/23, BOEM submitted a new addendum to the Biological Assessment which included substantially new information that must be considered to evaluate the project’s effects to federally listed species.  In light of the new information, the USFWS and BOEM agreed to extend the final milestone from 5/14/23 to 5/30/23 to provide the USFWS sufficient time to factor the new information into the effects analysis of the project. 
  • Monthly Status Report for March 2023:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised to USFWS BA on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. BOEM received additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. BOEM successfully addressed all of USFWS comments in the revised BA submitted on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. Due to recent delays in development and verifications of risk assessment models for listed species and associated uncertainty in the information available to USFWS for consultation, as well as staffing uncertainty and competing workload demand on other very high priority projects, USFWS and BOEM have agreed to extend the final milestone by 45 days. This would move the ESA consultation conclusion deadline from March 31, 2023, to May 14, 2023. BOEM coordinated with the project sponsor regarding this change via email. This extension would not require changes to the overall project review timeline including completion of the EIS and ROD.  
  • Monthly Status Report for January 2023:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023. 
  • Monthly Status Report for December 2022:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023.  Alternative Completion Date: 11/25/2022
  • Non-conformance Explanation:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023. 
Current Target Date:
ESA Consultation Concludes (Agency Action)
Current Target Date:


View Action's Modification History

Milestone
FWS determines ESA Consultation Package is Complete - Formal (Agency Action)
  • Monthly Status Report for May 2023:
    On 4/13/23, BOEM submitted a new addendum to the Biological Assessment which included substantially new information that must be considered to evaluate the project’s effects to federally listed species.  In light of the new information, the USFWS and BOEM agreed to extend the final milestone from 5/14/23 to 5/30/23 to provide the USFWS sufficient time to factor the new information into the effects analysis of the project. 
  • Monthly Status Report for April 2023:
    On 4/13/23, BOEM submitted a new addendum to the Biological Assessment which included substantially new information that must be considered to evaluate the project’s effects to federally listed species.  In light of the new information, the USFWS and BOEM agreed to extend the final milestone from 5/14/23 to 5/30/23 to provide the USFWS sufficient time to factor the new information into the effects analysis of the project. 
  • Monthly Status Report for March 2023:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised to USFWS BA on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. BOEM received additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. BOEM successfully addressed all of USFWS comments in the revised BA submitted on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. Due to recent delays in development and verifications of risk assessment models for listed species and associated uncertainty in the information available to USFWS for consultation, as well as staffing uncertainty and competing workload demand on other very high priority projects, USFWS and BOEM have agreed to extend the final milestone by 45 days. This would move the ESA consultation conclusion deadline from March 31, 2023, to May 14, 2023. BOEM coordinated with the project sponsor regarding this change via email. This extension would not require changes to the overall project review timeline including completion of the EIS and ROD.  
  • Monthly Status Report for January 2023:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023. 
  • Monthly Status Report for December 2022:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023.  Alternative Completion Date: 11/25/2022
  • Non-conformance Explanation:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023. 
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
11/20/2023

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

Environmental Protection Agency

Environmental Protection Agency

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Description:

Revolution Wind LLC proposes the Revolution Wind Farm Project, an offshore wind farm to be located approximately 12 statute miles south of the coast of Rhode Island in federal waters in the area designated by the U.S. Bureau of Ocean Energy Management (BOEM) as Renewable Energy Lease Number OCS-A 0486 (the Project).

The purpose of the Project is to provide clean, reliable offshore wind energy that will increase the amount and availability of renewable energy to New England consumers while creating the opportunity to displace electricity generated by fossil fuel-powered plants and offering substantial economic and environmental benefits to the New England region. Massachusetts, Rhode Island, Connecticut, and New York have adopted substantial renewable portfolio standards and clean energy targets to address issues associated with climate change, highlighting the current and future demand for this Project.

The Project has been awarded three Power Purchase Agreements (PPAs) totaling 704 MW of generation capacity: 1) a 200 MW contract with the State of Connecticut approved in December 2018; 2) a 400 MW contract with the State of Rhode Island approved in February 2019; and 3) a 104 MW contract with the State of Connecticut approved in November 2019. The Project is being developed to fulfill its obligations to Connecticut and Rhode Island in accordance with the PPAs. The Project maximum generating capacity is 880 MW.

Update:

The Executive Director granted a Bureau of Ocean Energy Management request to extend Environmental Impact Statement, Construction and Operations Plan, and Section 106 Consultation completion dates. The Executive Director determination is posted here.

field_status
Rejected
System Comments
Agency Milestone Date of 11/16/2022 for FWS determines ESA Consultation Package is Complete - Formal (Agency Action) has passed by 1 business days
Approver Comments
FWS had comments on the initial BA that was submitted by BOEM.  BOEM then submitted an updated BA on Aug 29, 2022 to which FWS provided additional comments on Oct 31, 2022.  BOEM then submitted another updated BA on Nov 17, 2022, which was after the milestone target date on the dashboard.  The nonconformance was triggered because the milestone was not marked complete within 1 business day of the milestone date, and the milestone was not completed until Nov 25, 2022.  Looking back on the history of the back/forth between BOEM and FWS, it was evident prior to the 30-day lockout that the milestone may be missed since FWS had not yet responded to the updated BA submitted by BOEM.  The target milestone date should have then been adjusted prior to Oct 16, 2022 to comply with the 30-day lockout requirement.  This would have allowed BOEM and FWS to set a new milestone date that would have provided additional time for BOEM to submit an updated BA and FWS to determine the BA complete. Therefore, it is appropriate to enable the nonconformance.
Previous Action Status
Planned
New Action Status
Planned
Missed Date Process
Yes
Missed Date Triggered by Extension
No
New Milestone
FWS determines ESA Consultation Package is Complete - Formal (Agency Action)
  • Monthly Status Report for May 2023:
    On 4/13/23, BOEM submitted a new addendum to the Biological Assessment which included substantially new information that must be considered to evaluate the project’s effects to federally listed species.  In light of the new information, the USFWS and BOEM agreed to extend the final milestone from 5/14/23 to 5/30/23 to provide the USFWS sufficient time to factor the new information into the effects analysis of the project. 
  • Monthly Status Report for April 2023:
    On 4/13/23, BOEM submitted a new addendum to the Biological Assessment which included substantially new information that must be considered to evaluate the project’s effects to federally listed species.  In light of the new information, the USFWS and BOEM agreed to extend the final milestone from 5/14/23 to 5/30/23 to provide the USFWS sufficient time to factor the new information into the effects analysis of the project. 
  • Monthly Status Report for March 2023:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised to USFWS BA on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. BOEM received additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. BOEM successfully addressed all of USFWS comments in the revised BA submitted on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. Due to recent delays in development and verifications of risk assessment models for listed species and associated uncertainty in the information available to USFWS for consultation, as well as staffing uncertainty and competing workload demand on other very high priority projects, USFWS and BOEM have agreed to extend the final milestone by 45 days. This would move the ESA consultation conclusion deadline from March 31, 2023, to May 14, 2023. BOEM coordinated with the project sponsor regarding this change via email. This extension would not require changes to the overall project review timeline including completion of the EIS and ROD.  
  • Monthly Status Report for January 2023:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023. 
  • Monthly Status Report for December 2022:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023.  Alternative Completion Date: 11/25/2022
  • Non-conformance Explanation:
    The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023. 
Current Target Date:
Response Date
Reporting Agency
Bureau of Ocean Energy Management