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

Submitted by Anonymous on

Agency Milestone Date of 03/01/2023 for NOAA determines ESA Consultation Package is Complete - Formal (Agency Action) has passed by 1 business days

Action
Project Name:
Sunrise Wind Farm
Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Julie Crocker
POC Title:
Branch Chief, Endangered Fish
POC Email:
julie.crocker@noaa.gov

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 and designated critical habitat occur in the action area for the Sunrise Wind project.  The proposed action may affect these resources, therefore Section 7 consultation is required.

This initial permitting timetable for the Sunrise Wind Project reflects the best estimates of the agencies based on past singular offshore wind projects, but is likely to vary, depending on the receipt of sufficient required information from the project sponsor, and the number and timing of concurrent projects.

Milestones:

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

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 concurrent with the receipt of preliminary DEIS for cooperating agency review NEPA document.

NOAA determines ESA Consultation Package is Complete - Formal (Agency Action)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 12/16/2022
  • Monthly Status Report for September 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for August 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for July 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for June 2023:
    On April 27, 2023 NMFS determined the ESA consultation package complete.
  • 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 May 22, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On June 6, 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.
  • Monthly Status Report for April 2023:
    BOEM submitted a revised BA to NMFS on April 11.    
  • Non-conformance Explanation:
    BOEM was provided an alternative project layout by the project sponsor, which will require updates to the BA.  BOEM will need additional time to obtain updated information from the project sponsor, incorporate that into a revised BA, and submit it to NMFS.  Additional time is also needed for review of the revised BA once received.  Therefore, BOEM and NMFS agreed to a 60-day extension of the second ESA milestone.
Current Target Date:
Milestone Details

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).  This date is set 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.

ESA Consultation Concludes (Agency Action)
Current Target Date:
Milestone Details

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 following the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion) to ensure NMFS has sufficient time to refine the Opinion in advance of integration into the FEIS.  The target completion date provides sufficient time prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.


View Action's Modification History

Milestone
NOAA determines ESA Consultation Package is Complete - Formal (Agency Action)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 12/16/2022
  • Monthly Status Report for September 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for August 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for July 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for June 2023:
    On April 27, 2023 NMFS determined the ESA consultation package complete.
  • 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 May 22, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On June 6, 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.
  • Monthly Status Report for April 2023:
    BOEM submitted a revised BA to NMFS on April 11.    
  • Non-conformance Explanation:
    BOEM was provided an alternative project layout by the project sponsor, which will require updates to the BA.  BOEM will need additional time to obtain updated information from the project sponsor, incorporate that into a revised BA, and submit it to NMFS.  Additional time is also needed for review of the revised BA once received.  Therefore, BOEM and NMFS agreed to a 60-day extension of the second ESA milestone.
Current Target Date:
Milestone Details

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).  This date is set 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.

Project

PROJECT WEBSITE: https://www.boem.gov/Sunrise-Wind

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
06/21/2024

12 out of 12

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 Interior

Department of the Interior, Fish and Wildlife Service

Environmental Protection Agency

Environmental Protection Agency

Department of the Army

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

Department of the Interior

Department of the Interior, National Park Service

Department of the Army

Department of the Army, US Army Corps of Engineers - Civil Works

Description:

Sunrise Wind LLC (Sunrise Wind) proposes to construct, operate and maintain an offshore wind farm to be located approximately 18.5 statute miles (mi) (16.1 nautical miles [nm], 29.8 kilometers [km]) south of Martha’s Vineyard, Massachusetts, and approximately 30 mi (26.1 nm, 48.2 km) east of Montauk, New York (NY). The majority of the Project would be located in federal waters in the designated Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0487 (Lease Area), which is located in OCS blocks that were previously designated as Lease OCS-A 0487 in the Rhode Island/Massachusetts Wind Energy Area (RI-MA WEA) and Lease OCS-A 0500 in the Massachusetts Wind Energy Area (MA WEA). The Lease Area is approximately 30 statute miles (mi) east off the coast of Montauk, New York. Other components of the Project would be located in state waters of New York and onshore in Brookhaven, Long Island, New York. The proposed interconnection location for the Project is either the existing Holbrook Substation or the Holbrook and West Bus Substations, which are owned and operated by the Long Island Power Authority (LIPA).

Update:

The Executive Director granted a Bureau of Ocean Energy Management request to extend the Construction and Operations Plan completion date because the previous completion date was entered in error. The Executive Director determination is posted here.

field_status
Rejected
System Comments
Agency Milestone Date of 03/01/2023 for NOAA determines ESA Consultation Package is Complete - Formal (Agency Action) has passed by 1 business days
Approver Comments
Enabling per IPM team discussion on 3/6/23.
Previous Action Status
Planned
New Action Status
Planned
Missed Date Process
Yes
Missed Date Triggered by Extension
No
Agency Notified Date
New Milestone
NOAA determines ESA Consultation Package is Complete - Formal (Agency Action)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 12/16/2022
  • Monthly Status Report for September 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for August 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for July 2023:
    Milestone completed April 27, 2023
  • Monthly Status Report for June 2023:
    On April 27, 2023 NMFS determined the ESA consultation package complete.
  • 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 May 22, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On June 6, 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.
  • Monthly Status Report for April 2023:
    BOEM submitted a revised BA to NMFS on April 11.    
  • Non-conformance Explanation:
    BOEM was provided an alternative project layout by the project sponsor, which will require updates to the BA.  BOEM will need additional time to obtain updated information from the project sponsor, incorporate that into a revised BA, and submit it to NMFS.  Additional time is also needed for review of the revised BA once received.  Therefore, BOEM and NMFS agreed to a 60-day extension of the second ESA milestone.
Current Target Date:
Milestone Details

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).  This date is set 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.

Response Date
Reporting Agency
Bureau of Ocean Energy Management