On January 27, NOAA notified BOEM that the information necessary to initiate consultation was missing from the December 2022 BA. NOAA requested that BOEM provide that information by February 27 so that it could be reviewed before the March 13 milestone date. On February 8, BOEM informed NOAA that they would not be able to provide the information until after February 27 and requested that the milestone date be moved back by 30 days to April 12, 2023. This also requires ESA milestone #3 to be delayed by 30 days in order to allow for the 150 days for NOAA to review and conclude consultation.
As such, the ESA milestone #3 for "ESA Consultation Concludes" is being revised to September 8, 2023.
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.
-
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: 11/18/2022
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 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.
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).
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).
PROJECT WEBSITE: Equinor's Empire 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
03/11/2024
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 Commerce, National Oceanic and Atmospheric Administration
Department of the Interior, Fish and Wildlife Service
Environmental Protection Agency
Description:
Equinor Wind proposes to construct and operate the Empire Wind Energy Project located in Lease Area OCS-A 0512, which covers approximately 79,350 acres (ac; 32,112 hectares [ha]) and is located approximately 14 statute miles (mi) (12 nautical miles [nm], 22 kilometers [km]) south of Long Island, New York and 19.5 mi (16.9 nm, 31.4 km) east of Long Branch, New Jersey.
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).
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).
Original Target Date: 03/10/2023
Milestone: ESA Consultation Concludes (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
ESA Consultation Concludes (Agency Action) extended by 182
From: 08/10/2023
To: 09/08/2023