Agency Milestone Date of 10/12/2022 for NOAA determines EFH Assessment is Complete (Agency Action) has passed by 1 business days
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 Ocean 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.
Milestones:
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.
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 at least 60 days after the issuance of the NOA of the DEIS, aligned with the ESA consultation, to allow adequate time to review the incoming materials and ensure receipt of
complete information prior to initiation of consultation. The EFH assessment should be provided with the NOA of the DEIS, and no later than 60 days prior to this milestone date (i.e., the EFH Assessment is needed by July 14, 2022) to ensure the consultation can be initiated by the above milestone date.
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 70 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.
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 at least 60 days after the issuance of the NOA of the DEIS, aligned with the ESA consultation, to allow adequate time to review the incoming materials and ensure receipt of
complete information prior to initiation of consultation. The EFH assessment should be provided with the NOA of the DEIS, and no later than 60 days prior to this milestone date (i.e., the EFH Assessment is needed by July 14, 2022) to ensure the consultation can be initiated by the above milestone date.
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.
Since the proposed date shift is not due to agency factors, but is due to changes by the PS, it is appropriate to exempt this nonconformance.
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 at least 60 days after the issuance of the NOA of the DEIS, aligned with the ESA consultation, to allow adequate time to review the incoming materials and ensure receipt of
complete information prior to initiation of consultation. The EFH assessment should be provided with the NOA of the DEIS, and no later than 60 days prior to this milestone date (i.e., the EFH Assessment is needed by July 14, 2022) to ensure the consultation can be initiated by the above milestone date.