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Milestone Extension: Endangered Species Act Consultation (NOAA-NMFS)

Submitted by cori.carraway@… on

The applicant informed NOAA/NMFS staff that their submission of the MMPA incidental take authorization application would be delayed 10 months later than previously scheduled.  Due to this delay, the entire MMPA process is delayed by 10 months.  This delay also affects the ESA/EFH milestones due to dependencies between ESA and MMPA milestones, and dependencies between ESA and EFH milestones.  

Action
Project Name:
Kitty Hawk North Wind Project
Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Jordan Carduner
POC Title:
ESA Biologist
POC Email:
jordan.carduner@noaa.gov

Description:

This initial permitting timetable for Kitty Hawk Wind 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.

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 Kitty Hawk Wind project.  The proposed action may affect these resources, therefore Section 7 consultation is required.

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
  • Monthly Status Report for December 2024:
    New project sponsor, Dominion, recently acquired the lease. BOEM and Permitting Council will coordinate with the sponsor regarding plans for the project and the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for November 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for October 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for September 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for August 2024:
    No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for July 2024:
    Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
  • Monthly Status Report for June 2024:
    NMFS met with Kitty Hawk North on 5/16/24 to receive an update on the status of the revised project design, assessment of project activities' potential impacts on marine mammals, and application for an ITA. NMFS continues to work towards the revised project schedule for receipt of a complete application on 2/14/25; publication of the NOR in the FR on 3/17/25; publication of the Proposed Rule in the FR on 10/21/25; publication of the Final ITA Regulations in the FR on 7/17/26; and issuance of the ITA decision on 8/17/26.
  • Monthly Status Report for May 2024:
    BOEM plans to submit the ESA consultation package to NMFS in the spring of 2025. BOEM is anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package.
  • Monthly Status Report for April 2024:
    BOEM plans to submit the ESA consultation package to NMFS in the spring of 2025. BOEM is anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package.
  • Monthly Status Report for March 2024:
    The project's permitting timetable was recently revised on March 25 and the revision included this milestone. BOEM extended the environmental review milestones to allow the Sponsor time to update inputs into the acoustic modelling, and to refresh analysis of the modeling results, to adequately assess environmental effects of the proposed project. These actions will inform COP updates needed for BOEM to prepare and submit to FWS the ESA consultation package to meet the revised milestone date of July 11. 2025.  
  • Monthly Status Report for February 2024:
    BOEM, at the request of the Sponsor, is consulting with cooperating agencies to update to the revised timetable that was submitted to the Permitting Council in early February. Since then, the Sponsor asked BOEM to extend the environmental review to allow the Sponsor time to update inputs into the acoustic modelling, and to refresh analysis of the modeling results, to adequately assess environmental effects of the proposed project. The adjustments to the proposed timetable will encompasses all remaining milestones, including this milestone.
  • Monthly Status Report for January 2024:
    As a result of the sponsor's intent to submit an updated COP (with changes to the PDE) in March of 2024, BOEM has developed a revised timetable for this project. BOEM developed the revised timetable after reviewing the project schedule with the cooperating agencies and in consultation with the project sponsor. The revised timetable encompasses all remaining milestones, including milestones for this nonconformant action. The revised timetable will be part of an Executive Director Determination (EDD) request BOEM intends to submit to the Permitting Council in February. While an Executive Director Determination (EDD) is not needed to update this milestone, BOEM intends to adopt the revised timetable upon receipt of an EDD.
  • Monthly Status Report for December 2023:
    The sponsor is expected to submit an updated COP with changes to Project Design Envelope (PDE), anticipated submission by Feb or March of 2024. BOEM is undertaking a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. The review will result in an updated permitting time table for all actions, including this milestone. BOEM anticipates updating milestone dates in January 2024.
  • Monthly Status Report for November 2023:
    BOEM will receive NMFS comments on the draft BA by Nov 18, 2023 and will need time to review and address comments. BOEM is reviewing the schedule for this Action and anticipates a need to move the Dec 13 milestone, after consulting with cooperating agencies and the Project Sponsor on the new milestone date.
  • Monthly Status Report for October 2023:
    Upon conclusion of the NMFS review period of 60-days for the revised draft BA, which is anticipated to conclude Nov 18, 2023; BOEM will need time to address comments and anticipates a need to move the Dec 13, 2023 milestone.
  • Monthly Status Report for September 2023:
    BOEM and the Sponsor refined the description of project activities and BOEM submitted the draft Biological Assessment (BA) to NMFS on Sep 18. USACE is also reviewing as a co-action agency. BOEM is reviewing the need for a potential milestone shift to meet this milestone and has conducted early consultations with the Sponsor.
  • Monthly Status Report for August 2023:
    The agencies are continuing to coordinate on this action and have determined the need to refine the description of project activities in BOEM's submission. BOEM is revising the description accordingly, prior to submitting the Biological Assessment to NMFS.
  • Monthly Status Report for July 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, and culminated in an Executive Director Determination (EDD) on May 12, 2023 which updated interim and final completion dates for multiple actions, including this action. BOEM is on track for meeting the alternative completion date for this action. The agencies are continuing to coordinate on this action to determine the need to refine the description of project activities.
  • Monthly Status Report for June 2023:
    BOEM is on track to submit the ESA consultation request package to NMFS in time to meet the ESA milestone of Dec 13. BOEM will submit the draft BA to agencies in August, respond to comments, and submit the revised BA to NMFS.
  • 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 to FPISC on April 21, 2023, for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 12, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of ESA and EFH actions. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the posted completion dates of these actions, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), these actions were not modified through the ED Determination and are instead following the non-conformance protocol. The original dates for actions under the ESA with NMFS and FWS, respectively, and EFH with NMFS, are no longer viable under the new schedule due to interdependencies with the NEPA schedule and MMPA actions.  BOEM proposes new dates for these actions as submitted to the FAST-41 dashboard, with concurrence from the respective Cooperating Agencies, in order to successfully meet the project permitting schedule as approved.
  • 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

This target timeline is dependent on receipt of a consultation request from USACE, consisting of a Biological Assessment.

 

NOAA determines ESA Consultation Package is Complete - Formal (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)
    - Current Target Date: 07/11/2025
Current Target Date:
Milestone Details

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 and public availability of the DEIS.  (Note that this date anticipates considerable coordination with BOEM on review of a draft BA) 

 

ESA Consultation Concludes (Agency Action)
Current Target Date:
Milestone Details

The final completion date is contingent upon 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 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) to ensure we have sufficient time to refine the Opinion in advance of integration into the FEIS.  The target completion date is more than 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS. 

 


View Action's Modification History

Milestone
ESA Consultation Concludes (Agency Action)
Current Target Date:
Milestone Details

The final completion date is contingent upon 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 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) to ensure we have sufficient time to refine the Opinion in advance of integration into the FEIS.  The target completion date is more than 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS. 

 

Project

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

0 out of 0

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

Description:

Update: In June 2022, the project name changed from Kitty Hawk Wind Project to Kitty Hawk North Wind Project to reflect the segmenting of the project.

The purpose of the Kitty Hawk North Wind Project is to develop a commercial-scale, offshore wind energy facility in Commercial Lease OCS-A 0508 offshore North Carolina, with up to 69 total wind turbine generators, 1 offshore substation (also called “electrical service platform”), inter-array cables, 1 onshore substation, and up to 2 transmission cables making landfall in Virginia Beach, Virginia, and connecting to the Pennsylvania-New Jersey-Maryland (PJM) Interconnection energy grid. Kitty Hawk is actively seeking one or more power purchase agreement awards for this project. The project is intended to substantially contribute to the region’s electrical reliability and help Virginia achieve its renewable energy goals as stated in the Virginia Clean Economy Act.

FAST-41 provides increased transparency and predictability by requiring Federal agencies to publish comprehensive permitting timetables for all "covered" projects, and provides clear procedures for modifying permitting timetables to address the unpredictability inherent in the environmental review and permitting process for significant infrastructure projects. For more information, see "The FAST-41 Process" at  https://www.permits.performance.gov/fpisc-content/fast-41-process. 

field_status
Rejected
System Comments
Furthest out
Original Target Date: 05/03/2023
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 493
From: 11/27/2023
To: 09/07/2024
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
ESA Consultation Concludes (Agency Action)
Current Target Date:
Milestone Details

The final completion date is contingent upon 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 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) to ensure we have sufficient time to refine the Opinion in advance of integration into the FEIS.  The target completion date is more than 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS. 

 

Furthest Original Target Date Milestone
ESA Consultation Concludes (Agency Action)
Current Target Date:
Milestone Details

The final completion date is contingent upon 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 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) to ensure we have sufficient time to refine the Opinion in advance of integration into the FEIS.  The target completion date is more than 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.