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FAST-41 Missed Date:Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation: NOAA determines EFH Assessment is Complete (Agency Action)

Submitted by Anonymous on

Agency Milestone Date of 04/17/2023 for NOAA determines EFH Assessment is Complete (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:
Alison Verkade
POC Title:
Marine Habitat Resource Specialist
POC Email:
alison.verkade@noaa.gov

Description:

Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires federal agencies to consult with NOAA Fisheries on any action or proposed action that may adversely affect Essential Fish Habitat (EFH).  EFH exists throughout all of the coastal and offshore areas affected by the Empire Wind project and associated transmission system.  The proposed action may adversely affect these resources, therefore EFH consultation is required.  Based on anticipated adverse impacts to EFH, an expanded consultation will be required.  The final consultation completion date is contingent upon NOAA Fisheries receiving sufficient information to initiate EFH consultation. Also note that NMFS has authorities under the Fish and Wildlife Coordination Act for this project.  NMFS expects the coordination and consultation under the Fish and Wildlife Coordination Act to be concurrent with the EFH consultation.

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:

EFH Consultation Request Submitted – EFH Assessment (Agency Action)
Completed Date:
Milestone Details

This reflects the anticipated date of receipt of initial EFH Assessment from BOEM and reflects the beginning of the cooperating agency review for the DEIS. EFH consultation request is set to be concurrent with receipt of the preliminary DEIS for cooperating agency review.  Meeting this milestone target date is contingent upon NOAA Fisheries receiving an EFH Assessment from the lead agency by the date provided.

NOAA determines EFH Assessment is Complete (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 June 16, 2023
  • Monthly Status Report for August 2023:
    Milestone completed June 16, 2023
  • Monthly Status Report for July 2023:
    Milestone completed June 16, 2023
  • Monthly Status Report for June 2023:
    On June 16, 2023 NMFS determined the EFH assessment 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.
  • Non-conformance Explanation:
    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.
Current Target Date:
Milestone Details

EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from BOEM to initiate EFH consultation.  EFH consultation is expected to be initiated within 60 days of the issuance of the NOA of the DEIS to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.

NOAA Issues any EFH Conservation Recommendations (Agency Action)
  • Monthly Status Report for September 2023:
    On track to meet the alternative completion date of Sept. 14, 2023
  • Monthly Status Report for August 2023:
    On track to meet the alternative completion date of Sept. 14, 2023
  • Monthly Status Report for July 2023:
    On track to meet the alternative completion date of Sept. 14, 2023
  • Monthly Status Report for June 2023:
    On June 16, NMFS determined the EFH assessment complete and anticipates meeting the Sep 14 milestone to conclude the EFH consultation.
  • 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.
  • Non-conformance Explanation:
    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 a request from BOEM to FPISC for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action.
Current Target Date:
Milestone Details

Issuance of EFH Conservation Recommendations is dependent upon the magnitude of adverse effects and the extent to which BMPs abate those adverse effects.  NMFS has 90 days from the date consultation is initiated to provide EFH Conservation Recommendations.  BOEM has agreed to provide additional time (over the statutory 60 days) due to the anticipated number of overlapping projects.


View Action's Modification History

Milestone
NOAA determines EFH Assessment is Complete (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 June 16, 2023
  • Monthly Status Report for August 2023:
    Milestone completed June 16, 2023
  • Monthly Status Report for July 2023:
    Milestone completed June 16, 2023
  • Monthly Status Report for June 2023:
    On June 16, 2023 NMFS determined the EFH assessment 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.
  • Non-conformance Explanation:
    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.
Current Target Date:
Milestone Details

EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from BOEM to initiate EFH consultation.  EFH consultation is expected to be initiated within 60 days of the issuance of the NOA of the 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 04/17/2023 for NOAA determines EFH Assessment is Complete (Agency Action) has passed by 1 business days
Approver Comments
NOAA confirmed that this milestone was not met. NOAA put proposed date changes for the 2nd and 3rd milestones in Draft on the backend of the dashboard on 3/14/23. However, BOEM did not move the proposed changes to Needs Review. Also, since the second milestone necessitates movement of the final milestone (as described in the Explanation for Milestone date change section) by more than 30-days, an ED determination would have been required for both milestones. BOEM, however, did not submit an ED determination request to move the milestones. Therefore, this action is in nonconformance.
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 EFH Assessment is Complete (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 June 16, 2023
  • Monthly Status Report for August 2023:
    Milestone completed June 16, 2023
  • Monthly Status Report for July 2023:
    Milestone completed June 16, 2023
  • Monthly Status Report for June 2023:
    On June 16, 2023 NMFS determined the EFH assessment 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.
  • Non-conformance Explanation:
    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.
Current Target Date:
Milestone Details

EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from BOEM to initiate EFH consultation.  EFH consultation is expected to be initiated within 60 days of the issuance of the NOA of the 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