The Project Sponsor was three months late in submitting its initial Marine Mammal Protection Act (MMPA) permit application to NMFS, and that initial submission was incomplete. The information contained in the MMPA application is used to develop BOEM’s biological assessment for the required ESA consultation with NMFS and to develop the EFH assessment. The revisions to the proposed action, including modifications to the project design envelope, the project layout, and activities associated with the South Brooklyn Marine Terminal, as described above, also led to delays in the receipt of complete consultation documents. Therefore, the Project Sponsor’s delay in submitting application materials to NMFS for the MMPA permit application, modifications to the proposed action, and the additional time the developer took to submit missing information underlie the extension request for the NMFS ESA and EFH action.
Cooperating under NEPA
Description:
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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. |
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.
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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
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 approximately 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.
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Non-conformance Explanation:BOEM notified NMFS that there were changes to the project that necessitated a revised EFH Assessment on 6/13/23, which was within the 30-day lockout for making changes to the final EFH Milestone. The revised EFH Assessment was received on 7/5/23, and the final EFH Milestone date was 7/12/23, so there was not enough time to issue the conservation recommendations and nonconformance was triggered. The final milestone was extended to 8/4/23 due to receipt of revised information.
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.
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Non-conformance Explanation:BOEM notified NMFS that there were changes to the project that necessitated a revised EFH Assessment on 6/13/23, which was within the 30-day lockout for making changes to the final EFH Milestone. The revised EFH Assessment was received on 7/5/23, and the final EFH Milestone date was 7/12/23, so there was not enough time to issue the conservation recommendations and nonconformance was triggered. The final milestone was extended to 8/4/23 due to receipt of revised information.
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.
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.
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Non-conformance Explanation:BOEM notified NMFS that there were changes to the project that necessitated a revised EFH Assessment on 6/13/23, which was within the 30-day lockout for making changes to the final EFH Milestone. The revised EFH Assessment was received on 7/5/23, and the final EFH Milestone date was 7/12/23, so there was not enough time to issue the conservation recommendations and nonconformance was triggered. The final milestone was extended to 8/4/23 due to receipt of revised information.
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.
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Non-conformance Explanation:BOEM notified NMFS that there were changes to the project that necessitated a revised EFH Assessment on 6/13/23, which was within the 30-day lockout for making changes to the final EFH Milestone. The revised EFH Assessment was received on 7/5/23, and the final EFH Milestone date was 7/12/23, so there was not enough time to issue the conservation recommendations and nonconformance was triggered. The final milestone was extended to 8/4/23 due to receipt of revised information.
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.
Original Target Date: 01/09/2023
Milestone: NOAA Issues any EFH Conservation Recommendations (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
NOAA Issues any EFH Conservation Recommendations (Agency Action) extended by 184
From: 06/12/2023
To: 07/12/2023