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Milestone Extension: Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consulta

Submitted by craig.litteken… on

BOEM anticipates receiving additional EFH benthic habitat survey information on August 12, 2022 and August 26, 2022.  However, the 30-day lockout period for updates to the EFH Milestones on the Dashboard is on August 13, 2022.  In order to provide BOEM time to review the additional survey information and determine whether an addendum to the EFH Assessment is required, and allow NOAA/NMFS time to review an addendum (if needed), the milestone is being pushed back 30 days.  Given the milestone is being extended 30 days, the milestone for issuance of conservation recommendations is also being extended 30 days.  

Action
Project Name: Responsible Agency:
National Oceanic and Atmospheric Administration
Status:
Planned
POC Name:
Keith Hanson
POC Title:
Marine Habitat Resource Specialist, GARFO HESD

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:

EFH Consultation Request Submitted – EFH Assessment (Agency Action)
Completed Date:
Milestone Details

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.

NOAA determines EFH Assessment is Complete (Agency Action)
Current Target Date:
Milestone Details

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.

NOAA Issues any EFH Conservation Recommendations (Agency Action)
Current Target Date:
Milestone Details

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.

Milestone
NOAA Issues any EFH Conservation Recommendations (Agency Action)
Current Target Date:
Milestone Details

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.

Project

PROJECT WEBSITE: Ocean Wind

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
SUBJECT TO CHANGE

9 out of 10

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

Other Agencies with Actions or Authorizations:

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Environmental Protection Agency

Environmental Protection Agency

Department of the Army

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.

field_status
System Comments
Furthest out
Original Target Date: 08/26/2022
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 117
From: 12/21/2022
To: 12/21/2022
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
NOAA Issues any EFH Conservation Recommendations (Agency Action)
Current Target Date:
Milestone Details

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.

Furthest Original Target Date Milestone
NOAA Issues any EFH Conservation Recommendations (Agency Action)
Current Target Date:
Milestone Details

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.