Agency Milestone Date of 03/13/2023 for ESA Consultation Concludes (Agency Action) has passed by 1 business days
Cooperating under NEPA
Description:
Section 7(a)(2) of the Endangered Species Act (ESA) requires Federal agencies to consult with NOAA Fisheries when any action they authorize, fund, or carry out may affect an ESA-listed species or designated critical habitat under NOAA Fisheries’ jurisdiction. ESA-listed species occur in the action area for the Ocean Wind project. The proposed action may affect these resources, therefore Section 7 consultation is required.
Milestones:
This target timeline is dependent on receipt of a consultation request from BOEM, consisting of a Biological Assessment, that considers effects of all proposed Federal actions. Receipt of the consultation request is set to coincide with receipt of the cooperating agency review draft of the EIS.
This date is dependent upon NOAA Fisheries receiving sufficient information from BOEM to deem the package complete and initiate the ESA consultation. This includes receipt of a complete final Biological Assessment (as an appendix to the DEIS), the proposed MMPA Incidental Take Authorization from NMFS, and the public availability of the DEIS. (Note that this date anticipates considerable coordination with BOEM on review of a draft BA). The Biological Assessment should be provided with the NOA of the DEIS, and no later than 60 days prior to this milestone date (i.e., the
Biological Assessment is needed by July 14, 2022) to ensure the consultation can be initiated by the above milestone date. This milestone date is at least 60 days after the NOA for DEIS to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation. This date is also set no sooner than 30 days before the proposed MMPA Incidental Take Authorization is scheduled to publish in the Federal Register to ensure that sufficient information on the proposed MMPA action is available when consultation is initiated.
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Monthly Status Report for April 2023:NOAA confirmed that this milestone was met on 4/3/23.
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Non-conformance Explanation:Information on new project activities and effects were submitted by BOEM after the ESA milestone 2 initiation date was complete. Additionally, the analysis of night time pile driving and unexploded ordnance issues and the review necessary to complete the Biological Opinion took longer than anticipated.
The final completion date is contingent upon NOAA Fisheries receiving sufficient information that NOAA Fisheries determines adequate to initiate ESA consultation. This date must be prior to issuance of the MMPA ITA Publication of Final Regulations (for a LOA) or MMPA Decision Rendered (if IHA). The target completion date is at least 150 days after the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is scheduled prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.
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Monthly Status Report for April 2023:NOAA confirmed that this milestone was met on 4/3/23.
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Non-conformance Explanation:Information on new project activities and effects were submitted by BOEM after the ESA milestone 2 initiation date was complete. Additionally, the analysis of night time pile driving and unexploded ordnance issues and the review necessary to complete the Biological Opinion took longer than anticipated.
The final completion date is contingent upon NOAA Fisheries receiving sufficient information that NOAA Fisheries determines adequate to initiate ESA consultation. This date must be prior to issuance of the MMPA ITA Publication of Final Regulations (for a LOA) or MMPA Decision Rendered (if IHA). The target completion date is at least 150 days after the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is scheduled prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.
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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Monthly Status Report for April 2023:NOAA confirmed that this milestone was met on 4/3/23.
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Non-conformance Explanation:Information on new project activities and effects were submitted by BOEM after the ESA milestone 2 initiation date was complete. Additionally, the analysis of night time pile driving and unexploded ordnance issues and the review necessary to complete the Biological Opinion took longer than anticipated.
The final completion date is contingent upon NOAA Fisheries receiving sufficient information that NOAA Fisheries determines adequate to initiate ESA consultation. This date must be prior to issuance of the MMPA ITA Publication of Final Regulations (for a LOA) or MMPA Decision Rendered (if IHA). The target completion date is at least 150 days after the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is scheduled prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.