NOAA milestones were revised to be in accordance with the notional timetable for offshore wind projects based on BOEM's 10/6/22 revised EIS schedule. Specifically, the milestone for publishing the proposed ITA was set to be after the new date for the NOA for the DEIS, and the remainder of the MMPA milestones were adjusted accordingly.
Cooperating under NEPA
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:
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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: 05/05/2023
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.
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Monthly Status Report for November 2024:The issuance of the Letter of Authorization for incidental take of marine mammals due to construction activities associated with Atlantic Shores South is on track to meet the milestone date of October 30, 2024, which will complete the MMPA action for this project.
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Monthly Status Report for October 2024:The final incidental take regulations published on September 24, 2024, 6 days ahead of the milestone target date, and issuance of the ITA decision is on target to meet the milestone target date of October 30, 2024.
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Monthly Status Report for September 2024:NMFS is on target for publication of the final rule on September 30, 2024 and issuance of the ITA decision on October 30, 2024.
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Monthly Status Report for August 2024:NMFS is on target for publication of the final rule on September 30, 2024 and issuance of the ITA decision on October 30, 2024.
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Monthly Status Report for July 2024:In mid-June, the project sponsor informed NMFS that the lease area will be segregated into two lease areas, and requested that NMFS address this in the Final ITA Regulation. In addition, the project sponsor requested the name of the potential LOA holder be changed to a subsidiary company of the current applicant. NMFS has extended the final two MMPA milestone dates by 30 days in order to accommodate this request and allow time for the needed coordination with BOEM regarding these changes. The new milestone target date for publication of the Final ITA Regulation is 9/30/24, and Issuance of the ITA Decision is now 10/30/24.
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Monthly Status Report for June 2024:NMFS is still on schedule to publish the Final ITA regulation in the FR on 8/30/24 and issue the final ITA decision on 9/30/24.
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Monthly Status Report for May 2024:NMFS is still working toward the new milestone date for publication of the Final ITA regulation in the FR on 8/30/24 and issuance of the final ITA decision on 9/30/24.
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Monthly Status Report for April 2024:NMFS is working toward the new milestone date for publication of the Final ITA regulation in the FR on 8/30/24 and issuance of the final ITA decision on 9/30/24.
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Monthly Status Report for March 2024:BOEM revised the EIS schedule due to CZMA issues, which shifted the FEIS and ROD dates. The MMPA schedule was also shifted accordingly, due to the need for the ROD to be published prior to the publication of the final ITA regulation. NOAA Fisheries is working toward the new milestone date for publication of the final ITA regulations in the FR on 8/30/24.
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Monthly Status Report for February 2024:The proposed ITA was published in the FR on 9/18/23. NOAA Fisheries is working toward the next milestone of publishing the final ITA regulations in the FR on 5/24/24.
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Monthly Status Report for January 2024:The proposed ITA was published in the FR on 9/18/23. NMFS is working toward the next milestone of publishing the final ITA regulations in the FR on 5/24/24.
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Monthly Status Report for December 2023:The proposed ITA was published in the FR on 9/18/23. On 12/11/23 BOEM provided a revised EIS/COP schedule pushing their FEIS, ROD and COP approval dates back to accommodate a delay in receiving the needed state permits to issue their Coastal Zone Management Act (CZMA) Consistency Determination in advance of BOEM making a decision on the Project. NMFS is currently coordinating with BOEM on a revised schedule.
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Monthly Status Report for November 2023:The proposed ITA was published in the FR on 9/18/23. NMFS is working toward the next milestone of publishing the final ITA regulations in the FR on 5/24/24.
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Monthly Status Report for October 2023:The proposed ITA was published in the FR on 9/18/23. NMFS is working toward the next milestone of publishing the final ITA regulations in the FR on 5/24/24.
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Monthly Status Report for September 2023:NMFS is on track to meet the alternative completion date of Sept 18
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Monthly Status Report for August 2023:The publication of the proposed ITA is now targeted for Sep 18.
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Monthly Status Report for July 2023:The publication of the proposed ITA is now targeted for Sep 18.
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Monthly Status Report for June 2023:The publication of the proposed ITA is now targeted for Sep 18. NMFS anticipates no change in milestones for MMA subsequent to this milestone.
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Non-conformance Explanation:BOEM undertook 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 was completed in May 2023, resulting in a request from BOEM to FPISC for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. However, this process was not completed in time and nonconformance was triggered for this NOAA action. NOAA continues to work toward the milestone dates that were part of the revised schedule.
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.
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Environmental Impact Statement (EIS)
:
Official Notice of Availability of a Final EIS published in the FR beginning both the public review period and concurrent CAA Section 309 Review (Agency Action)
- Completed Date: 08/04/2023 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 09/29/2023 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 06/16/2023
This date reflects no less than eight 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.
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
12/16/2024
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 - Regulatory
Environmental Protection Agency
Department of Commerce, National Oceanic and Atmospheric Administration
Department of the Interior, Fish and Wildlife Service
Department of the Army, US Army Corps of Engineers - Civil Works
Description:
The purpose of the Atlantic Shores South (which includes Project 1 and Project 2 or, collectively, the Projects) is to develop two offshore wind energy generation facilities in the Bureau of Ocean Energy Management (BOEM) Lease Area OCSA 0499 to provide clean, renewable energy to the Northeastern U.S. by the mid-to-late 2020s.
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.
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Environmental Impact Statement (EIS)
:
Official Notice of Availability of a Final EIS published in the FR beginning both the public review period and concurrent CAA Section 309 Review (Agency Action)
- Completed Date: 08/04/2023 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 09/29/2023 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 06/16/2023
This date reflects no less than eight 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.
Original Target Date: 01/15/2024
Milestone: Publish Final ITA Regulations in Federal Register (LOA Only) (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
ITA decision rendered (Agency Action) extended by 135
From: 02/14/2024
To: 05/29/2024