Agency Milestone Date of 04/03/2023 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 occur in the action area for the Atlantic Shores project. The proposed action may affect these resources, therefore Section 7 consultation is required.
This initial permitting timetable for Atlantic Shores 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:
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 beginning of the cooperating agency review of the draft 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: 05/05/2023
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Monthly Status Report for November 2023:Biological Opinion is drafted and circulating for review but new concerns may need to be addressed over proposed onshore routes by Project Sponsor. BOEM was informed October 31, 2023 that the Project Sponsor will submit onshore project changes to reflect stakeholder feedback, technical refinements, and ROW acquisition updates.
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Monthly Status Report for October 2023:Biological Opinion on track, being drafted in anticipation of meeting the alternative completion date of December 18, 2023.
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Monthly Status Report for September 2023:Milestone Completed on July 19, 2023
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Monthly Status Report for August 2023:Milestone is on track for anticipated completion on Dec 18.
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Monthly Status Report for July 2023:Milestone is complete.
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Monthly Status Report for June 2023:BOEM is providing supplemental information in anticipation of NMFS determining the ESA consultation package is complete by the July 19 milestone.
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Monthly Status Report for May 2023:BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
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Non-conformance Explanation:BOEM submitted an Endangered Species Act (ESA) Biological Assessment (BA) to NOAA NMFS on August 2, 2022 and received comments from NOAA NMFS on October 3, 2022. BOEM and NMFS met multiple times to address the NMFS concern regarding the large foundation Project Design Envelope (PDE) proposed by the Project Sponsor. BOEM worked with the Project Sponsor to revise the foundation portion of the PDE to facilitate moving NMFS consultation forward. The Project Sponsor provided the PDE revisions to BOEM on March 13, 2023. BOEM is working to incorporate the PDE revisions into the BA and resubmit the revised BA to NOAA NMFS on May 19, 2023. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete.
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 (preferably 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 at least 60 days after the NOA for DEIS and no sooner than 30 days before the 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.
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Monthly Status Report for November 2023:BOEM partial response sent on Nov 9, 2023 to address NOAA-NMFS comments.
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Monthly Status Report for October 2023:Agencies are on track to meet the alternative completion date of Dec 18, 2023
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Monthly Status Report for September 2023:Agencies are on track to meet the alternative completion date of Dec 18, 2023
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Monthly Status Report for August 2023:Milestone
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Monthly Status Report for July 2023:Milestone is on track for anticipated completion on Dec 18.
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Monthly Status Report for June 2023:BOEM is submitting additional information in anticipation of NMFS meeting the milestone target of July 19 for deeming the consultation package submitted and the milestone date of Dec 18 for concluding consultation.
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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 encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review was completed in May 2023, which will result in a request from BOEM to FPISC for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. The original milestone target date for the conclusion of the ESA consultation was 6/16/23; however this date was updated by NMFS, in coordination with BOEM, in April, 2022. The milestone was again revised in coordination with BOEM in October, 2022 and was revised to 12/4/23. Finally, NOAA and BOEM coordinated to revise this milestone in March, 2023 to revise the milestone to the current target date of 12/18/23.
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) and publication of the NOA of FEIS. 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).
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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: 05/05/2023
-
Monthly Status Report for November 2023:Biological Opinion is drafted and circulating for review but new concerns may need to be addressed over proposed onshore routes by Project Sponsor. BOEM was informed October 31, 2023 that the Project Sponsor will submit onshore project changes to reflect stakeholder feedback, technical refinements, and ROW acquisition updates.
-
Monthly Status Report for October 2023:Biological Opinion on track, being drafted in anticipation of meeting the alternative completion date of December 18, 2023.
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Monthly Status Report for September 2023:Milestone Completed on July 19, 2023
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Monthly Status Report for August 2023:Milestone is on track for anticipated completion on Dec 18.
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Monthly Status Report for July 2023:Milestone is complete.
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Monthly Status Report for June 2023:BOEM is providing supplemental information in anticipation of NMFS determining the ESA consultation package is complete by the July 19 milestone.
-
Monthly Status Report for May 2023:BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
-
Non-conformance Explanation:BOEM submitted an Endangered Species Act (ESA) Biological Assessment (BA) to NOAA NMFS on August 2, 2022 and received comments from NOAA NMFS on October 3, 2022. BOEM and NMFS met multiple times to address the NMFS concern regarding the large foundation Project Design Envelope (PDE) proposed by the Project Sponsor. BOEM worked with the Project Sponsor to revise the foundation portion of the PDE to facilitate moving NMFS consultation forward. The Project Sponsor provided the PDE revisions to BOEM on March 13, 2023. BOEM is working to incorporate the PDE revisions into the BA and resubmit the revised BA to NOAA NMFS on May 19, 2023. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete.
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 (preferably 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 at least 60 days after the NOA for DEIS and no sooner than 30 days before the 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
12/16/2024
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 - Regulatory
Environmental Protection Agency
Department of Commerce, National Oceanic and Atmospheric Administration
Department of the Interior, Fish and Wildlife Service
Department of the Army, US Army Corps of Engineers - Civil Works
Description:
The purpose of the Atlantic Shores South (which includes Project 1 and Project 2 or, collectively, the Projects) is to develop two offshore wind energy generation facilities in the Bureau of Ocean Energy Management (BOEM) Lease Area OCSA 0499 to provide clean, renewable energy to the Northeastern U.S. by the mid-to-late 2020s.
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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: 05/05/2023
-
Monthly Status Report for November 2023:Biological Opinion is drafted and circulating for review but new concerns may need to be addressed over proposed onshore routes by Project Sponsor. BOEM was informed October 31, 2023 that the Project Sponsor will submit onshore project changes to reflect stakeholder feedback, technical refinements, and ROW acquisition updates.
-
Monthly Status Report for October 2023:Biological Opinion on track, being drafted in anticipation of meeting the alternative completion date of December 18, 2023.
-
Monthly Status Report for September 2023:Milestone Completed on July 19, 2023
-
Monthly Status Report for August 2023:Milestone is on track for anticipated completion on Dec 18.
-
Monthly Status Report for July 2023:Milestone is complete.
-
Monthly Status Report for June 2023:BOEM is providing supplemental information in anticipation of NMFS determining the ESA consultation package is complete by the July 19 milestone.
-
Monthly Status Report for May 2023:BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
-
Non-conformance Explanation:BOEM submitted an Endangered Species Act (ESA) Biological Assessment (BA) to NOAA NMFS on August 2, 2022 and received comments from NOAA NMFS on October 3, 2022. BOEM and NMFS met multiple times to address the NMFS concern regarding the large foundation Project Design Envelope (PDE) proposed by the Project Sponsor. BOEM worked with the Project Sponsor to revise the foundation portion of the PDE to facilitate moving NMFS consultation forward. The Project Sponsor provided the PDE revisions to BOEM on March 13, 2023. BOEM is working to incorporate the PDE revisions into the BA and resubmit the revised BA to NOAA NMFS on May 19, 2023. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete.
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 (preferably 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 at least 60 days after the NOA for DEIS and no sooner than 30 days before the 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.