The original target date for conclusion of the ESA consultation was 7/8/21. However, on 5/27/21 BOEM transmitted South Fork's Fisheries and Research Monitoring Plan, which was not considered in BOEM's Biological Assessment (BA). BOEM requested this information to be included in NOAA Fisheries' Biological Assessment (BiOp). At that time, NOAA Fisheries requested a revised BA from BOEM, and BOEM agreed to send the revised BA soon.
Given the late receipt of this additional information and request, NOAA Fisheries had extended the date for concluding the ESA consultation to 8/7/21, anticipating that the revised BA would be received within a few weeks of the 5/27/21 coordination. However, as of 7/7/21, NOAA Fisheries has not received the revised BA from BOEM. On 7/6/21, BOEM agreed to provide the revised BA by close of business 7/7/21, but NOAA Fisheries will need time to review this information and incorporate it into the BiOp. Therefore, NOAA Fisheries informed BOEM that the conclusion date would need to be extended to 8/20/21.
NOAA Fisheries anticipates that BOEM will coordinate with the project sponsor regarding the new target date. However, it is not anticipated that the revised target date will affect other aspects of the Permitting Timetable, so this was not discussed at previous CERPO meetings. NOAA Fisheries' acting CERPO (Sam Rauch) has been made aware of the need for the milestone extension, and has approved of extending the target date for concluding the ESA consultation to 8/20/21.
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 South Fork project. The proposed action may affect these resources, therefore Section 7 consultation is required.
Milestones:
-
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: 01/08/2021
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, concurrent with the draft NEPA document.
This date is dependent upon NOAA Fisheries receiving sufficient information (a complete final Biological Assessment) from BOEM to deem the package complete and initiate the ESA consultation as well as receiving the proposed IHA from NMFS. (Note that this date anticipates considerable coordination with BOEM on review of a draft BA prior to January 2021)
-
Monthly Status Report for October 2021:The Biological Opinion was issued to BOEM on 10/1/21 completing the ESA consultation per the revised timeline.
-
Monthly Status Report for August 2021:Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.
-
Non-conformance Explanation:The 08/06/2021 completion date for the ESA Consultation was missed. The agencies have agreed to a new completion date of 10/01/2020. The required Missed Date Action Plan and monthly missed date reports will be posted to the Dashboard when received from the agency.
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 150 days following the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.
The original target completion date for this milestone was 7/8/21. However, on 5/27/21, BOEM transmitted South Fork's Fisheries and Research Monitoring Plan, which was not considered in BOEM's Biological Assessment. Given the late receipt of this additional information, NOAA Fisheries requires additional time to complete the analysis and incorporate the information into the Biological Opinion.
7/7/21 UPDATE: During coordination regarding the new information on 5/27/21, NOAA Fisheries requested a revised Biological Assessment (BA) from BOEM incorporating South Fork's Fisheries and Research Monitoring Plan information as this was not part of the original BA from BOEM, and would be needed to complete NOAA Fisheries' Biological Opinion. At that time, BOEM agreed to send the revised BA, and it was anticipated that this would be received within a few weeks of the 5/27/21 date. However, as of 7/7/21 NOAA Fisheries has not received the revised BA from BOEM. On 7/6/21, BOEM agreed to send the revised BA by COB on 7/7/21, but NOAA Fisheries will need time to review this information and incorporate it into the Biological Opinion, so the date for concluding the consultation and issuing the Biological Opinion has been updated to 8/20/21.
-
Monthly Status Report for October 2021:The Biological Opinion was issued to BOEM on 10/1/21 completing the ESA consultation per the revised timeline.
-
Monthly Status Report for August 2021:Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.
-
Non-conformance Explanation:The 08/06/2021 completion date for the ESA Consultation was missed. The agencies have agreed to a new completion date of 10/01/2020. The required Missed Date Action Plan and monthly missed date reports will be posted to the Dashboard when received from the agency.
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 150 days following the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.
The original target completion date for this milestone was 7/8/21. However, on 5/27/21, BOEM transmitted South Fork's Fisheries and Research Monitoring Plan, which was not considered in BOEM's Biological Assessment. Given the late receipt of this additional information, NOAA Fisheries requires additional time to complete the analysis and incorporate the information into the Biological Opinion.
7/7/21 UPDATE: During coordination regarding the new information on 5/27/21, NOAA Fisheries requested a revised Biological Assessment (BA) from BOEM incorporating South Fork's Fisheries and Research Monitoring Plan information as this was not part of the original BA from BOEM, and would be needed to complete NOAA Fisheries' Biological Opinion. At that time, BOEM agreed to send the revised BA, and it was anticipated that this would be received within a few weeks of the 5/27/21 date. However, as of 7/7/21 NOAA Fisheries has not received the revised BA from BOEM. On 7/6/21, BOEM agreed to send the revised BA by COB on 7/7/21, but NOAA Fisheries will need time to review this information and incorporate it into the Biological Opinion, so the date for concluding the consultation and issuing the Biological Opinion has been updated to 8/20/21.
PROJECT WEBSITE: South Fork Wind Farm - Deepwater 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
01/18/2022
ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED
SECTOR
Renewable Energy Production
CATEGORY
Project Category
FAST-41 Covered Projects
Major Infrastructure 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
Description:
The purpose of the South Fork Wind Farm (the Project) is to generate electricity from an offshore wind farm and transmit it to the existing East Hampton Substation, part of the Long Island Power Authority (LIPA) electric transmission and distribution system in East Hampton, New York. The Project addresses the need identified by LIPA for new sources of power generation that can cost-effectively and reliably supply the South Fork of Suffolk County, Long Island, as an alternative to constructing new transmission facilities. The Project will also help LIPA achieve its renewable energy goals. The Project will enable Deepwater South Fork to fulfill its contractual commitments to LIPA pursuant to a Power Purchase Agreement (PPA) executed in 2017 resulting from LIPA's technology-neutral competitive bidding process.
The South Fork Wind Farm is located in federal waters on the Outer Continental Shelf (OCS), specifially in Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0517, approximately 19 miles southeast of Block Island, Rhode Island, and approximately 35 miles east of Montauk Point, New York; The South Fork Export Cable is located on the OCS, in New York State Territorial Waters, and in the Town of East Hampton, New York.
-
Monthly Status Report for October 2021:The Biological Opinion was issued to BOEM on 10/1/21 completing the ESA consultation per the revised timeline.
-
Monthly Status Report for August 2021:Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.
-
Non-conformance Explanation:The 08/06/2021 completion date for the ESA Consultation was missed. The agencies have agreed to a new completion date of 10/01/2020. The required Missed Date Action Plan and monthly missed date reports will be posted to the Dashboard when received from the agency.
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 150 days following the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.
The original target completion date for this milestone was 7/8/21. However, on 5/27/21, BOEM transmitted South Fork's Fisheries and Research Monitoring Plan, which was not considered in BOEM's Biological Assessment. Given the late receipt of this additional information, NOAA Fisheries requires additional time to complete the analysis and incorporate the information into the Biological Opinion.
-
Monthly Status Report for October 2021:The Biological Opinion was issued to BOEM on 10/1/21 completing the ESA consultation per the revised timeline.
-
Monthly Status Report for August 2021:Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.
-
Non-conformance Explanation:The 08/06/2021 completion date for the ESA Consultation was missed. The agencies have agreed to a new completion date of 10/01/2020. The required Missed Date Action Plan and monthly missed date reports will be posted to the Dashboard when received from the agency.
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 150 days following the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.
The original target completion date for this milestone was 7/8/21. However, on 5/27/21, BOEM transmitted South Fork's Fisheries and Research Monitoring Plan, which was not considered in BOEM's Biological Assessment. Given the late receipt of this additional information, NOAA Fisheries requires additional time to complete the analysis and incorporate the information into the Biological Opinion.
7/7/21 UPDATE: During coordination regarding the new information on 5/27/21, NOAA Fisheries requested a revised Biological Assessment (BA) from BOEM incorporating South Fork's Fisheries and Research Monitoring Plan information as this was not part of the original BA from BOEM, and would be needed to complete NOAA Fisheries' Biological Opinion. At that time, BOEM agreed to send the revised BA, and it was anticipated that this would be received within a few weeks of the 5/27/21 date. However, as of 7/7/21 NOAA Fisheries has not received the revised BA from BOEM. On 7/6/21, BOEM agreed to send the revised BA by COB on 7/7/21, but NOAA Fisheries will need time to review this information and incorporate it into the Biological Opinion, so the date for concluding the consultation and issuing the Biological Opinion has been updated to 8/20/21.
Original Target Date: 07/08/2021
Milestone: Conclusion of ESA Consultation
Requested extensions greater than 30 days for this Action are shown below:
Conclusion of ESA Consultation extended by 43
From: 08/06/2021
To: 08/20/2021