General Counsel informed NMFS that an additional week is needed for their review and clearance of the final ITA regulations for publication in the Federal Register. The final two milestones have been extended to allow this additional time for review. The applicant was informed of the extension and has no concerns with the MMPA milestone revisions.
Responsible Agency:
Description:
The Marine Mammal Protection Act (MMPA) prohibits "take" of marine mammals with certain exceptions. An incidental take authorization, which may be issued provided certain findings are made, allows for the "take" of marine mammals provided the authorized entity abides by mitigation and monitoring measures and take limits established in the authorization. The project proponent has communicated to NMFS that the activity may result in the incidental "take" of marine mammals and has expressed plans to submit a request for an MMPA incidental take authorization. Based on initial feedback from the applicant, we anticipate the incidental take authorization under the MMPA for this project will be a letter of authorization.
Milestones:
This date is based on the applicant submitting an initial, draft LOA application to NMFS at least 6 months prior to ensure time for the applicant to provide additional information or make revisions that NMFS indicates are necessary in order to deem the application adequate and complete. The date reflects 6-8 months prior to release of the proposed rule or concurrent with cooperating agency review of DEIS (whichever is earlier).
This date is 30 days after receipt of an adequate and complete application. NOAA’s ability to meet this schedule is contingent upon receipt of an adequate and complete application from the applicant.
This date is 8 months after the adequate and complete application is received, after the DEIS is released for public comment, and aligns with the schedule to complete ESA consultation. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the Notice of Receipt, and the ability of NMFS to preliminarily make the required findings.
This date reflects no less than six months after publishing the proposed regulations, no sooner than 60 days after the Record of Decision (ROD), and is contingent upon issuance of the Biological Opinion, FEIS and ROD. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required findings.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
PROJECT WEBSITE: Ocean 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
SUBJECT TO CHANGE
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 - Regulatory
Department of Commerce, National Oceanic and Atmospheric Administration
Department of the Interior, Fish and Wildlife Service
Environmental Protection Agency
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.
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the EFH consultation and Endangered Species Act Consultation completion date on November 18, 2022. The Executive Director determination is posted here.
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Endangered Species Act Consultation completion date on December 16, 2022. The Executive Director determination is posted here.
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Construction and Operations Plan, Environmental Impact Statement, and Section 106 completion date on January 31, 2023. The Executive Director determination is posted here.
The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the Section 10/404 (USACE), Section 408 (USACE), MMPA (NMFS), OCS Air Permit (EPA) completion date on April 21, 2023. The Executive Director determination is posted here.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.
Original Target Date: 07/27/2023
Milestone: ITA decision rendered (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
ITA decision rendered (Agency Action) extended by 78
From: 10/05/2023
To: 10/13/2023