Agency Milestone Date of 03/20/2023 for NOAA determines ESA Consultation Package is Complete - Formal (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 and designated critical habitat occur in the action area for the Empire 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 concurrent with the receipt of preliminary DEIS for cooperating agency review NEPA document.
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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
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Monthly Status Report for September 2023:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
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Monthly Status Report for August 2023:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
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Monthly Status Report for July 2023:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
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Monthly Status Report for June 2023:Consultation package was determined complete in April, through BOEM continued to provide additional information in the BA to NMFS subsequently.
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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 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.
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Non-conformance Explanation: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 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. The Executive Director made a determination on March 30, 2023 to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not receive BOEM's request with 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 Determination and will instead follow the non-conformance protocol to make the requested schedule modification. As background for BOEM's requested milestone changes, on June 29, 2022, FPISC published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022. The associated NMFS consultation date change requests have been shifted accordingly. The previous consultation dates were associated with the previous NEPA schedule and therefore are out of sync with the current schedule and consultation timelines. Note: the milestone for 'NOAA Determines the ESA Consultation Request Package is Complete', was completed on April 4, 2023.
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 or concurrent with 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 at least 60 days after the NOA for DEIS, and no sooner than 30 days prior to the planned publication of the proposed MMPA ITA, to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.
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.
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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:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
-
Monthly Status Report for August 2023:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
-
Monthly Status Report for July 2023:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
-
Monthly Status Report for June 2023:Consultation package was determined complete in April, through BOEM continued to provide additional information in the BA to NMFS subsequently.
-
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 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: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 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. The Executive Director made a determination on March 30, 2023 to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not receive BOEM's request with 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 Determination and will instead follow the non-conformance protocol to make the requested schedule modification. As background for BOEM's requested milestone changes, on June 29, 2022, FPISC published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022. The associated NMFS consultation date change requests have been shifted accordingly. The previous consultation dates were associated with the previous NEPA schedule and therefore are out of sync with the current schedule and consultation timelines. Note: the milestone for 'NOAA Determines the ESA Consultation Request Package is Complete', was completed on April 4, 2023.
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 or concurrent with 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 at least 60 days after the NOA for DEIS, and no sooner than 30 days prior to the planned publication of the proposed MMPA ITA, to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.
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
04/09/2024
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 - Civil Works
Department of the Army, US Army Corps of Engineers - Regulatory
Department of the Interior, Fish and Wildlife Service
Department of Commerce, National Oceanic and Atmospheric Administration
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.
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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:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
-
Monthly Status Report for August 2023:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
-
Monthly Status Report for July 2023:Consultation package was determined complete in April, though BOEM continued to provide additional information in the BA to NMFS subsequently.
-
Monthly Status Report for June 2023:Consultation package was determined complete in April, through BOEM continued to provide additional information in the BA to NMFS subsequently.
-
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 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: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 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. The Executive Director made a determination on March 30, 2023 to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not receive BOEM's request with 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 Determination and will instead follow the non-conformance protocol to make the requested schedule modification. As background for BOEM's requested milestone changes, on June 29, 2022, FPISC published BOEM's requested date shift for the NEPA DEIS from August 2022 to December 2022. The associated NMFS consultation date change requests have been shifted accordingly. The previous consultation dates were associated with the previous NEPA schedule and therefore are out of sync with the current schedule and consultation timelines. Note: the milestone for 'NOAA Determines the ESA Consultation Request Package is Complete', was completed on April 4, 2023.
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 or concurrent with 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 at least 60 days after the NOA for DEIS, and no sooner than 30 days prior to the planned publication of the proposed MMPA ITA, to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.