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Milestone Extension: Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – 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.  This applicant delay also affects BOEM's EIS schedule, which is in process of being revised per dependencies with EIS milestones and milestones associated with our actions.  

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:
Jaclyn Daly
POC Title:
Fishery Biologist, MMPA Incidental Take Program, Office of Protected Resources
POC Email:
jaclyn.daly@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.

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 OPR 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.

 

Milestones:

ITA Application Submitted (Applicant Action)
Current Target Date:
NOAA Determines ITA Application is Complete (Applicant Action)
Current Target Date:
Milestone Details

Based on initial feedback from the applicant, we anticipate the incidental take authorization under the MMPA for this project will be a rule and subsequent letter of authorization. NOAA’s ability to meet this schedule is contingent upon receipt of information required to deem the application adequate and complete. This is expected to be 6 months after receipt of an initial draft application and no later than the first day of cooperating agency review of the DEIS.

 

Publish Notice of Receipt in Federal Register (LOA Only) (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
  • Monthly Status Report for December 2024:
    On 7/8/24, Dominion Energy announced an agreement to acquire Kitty Hawk North from Avangrid Renewables. The lease sale was finalized on 10/24/24. NMFS anticipates a revised schedule and will coordinate with BOEM and Dominion Energy to adjust the project timeline due to the change in ownership.
  • Monthly Status Report for November 2024:
    On 7/8/24, Dominion Energy announced an agreement to acquire Kitty Hawk North from Avangrid Renewables. The lease sale was finalized on 10/24/24. NMFS anticipates a revised schedule and will coordinate with BOEM and Dominion Energy to adjust the project timeline due to the change in ownership.
  • Monthly Status Report for October 2024:
    On 7/8/24, Dominion Energy announced a deal to acquire Kitty Hawk North from Avangrid Renewables. The purchase is expected to be finalized in Q4 2024, and the project will be renamed CVOW-South. Dominion Energy has indicated they will substantially revise the Project Design Envelope. NMFS will coordinate with BOEM and Dominion Energy to adjust the project schedule due to the change in ownership, and all NMFS milestones will be revised accordingly.
  • Monthly Status Report for September 2024:
    On July 8, 2024, Dominion Energy announced a deal to acquire Kitty Hawk North from Avangrid Renewables. The purchase is expected to be finalized in Q4 2024, and the project will be renamed CVOW-South. Dominion Energy has indicated they will substantially revise the Project Design Envelope. NMFS will coordinate with BOEM and Dominion Energy to adjust the project schedule due to the change in ownership, and all NMFS milestones will be revised accordingly.
  • Monthly Status Report for August 2024:
    On 7/8/24, Dominion Energy announced a deal to acquire Kitty Hawk North from Avangrid Renewables. The purchase is set to be finalized in Q4 2024, and the project will be renamed CVOW-South. NMFS will work with BOEM and Dominion Energy to adjust the project schedule if needed due to the change in ownership.
  • Monthly Status Report for July 2024:
    Dominion Energy announced an agreement on 7/8/24 to acquire the offshore wind lease known as Kitty Hawk North from Avangrid Renewables. The project has been renamed CVOW-South. As such, NMFS will coordinate with BOEM and Dominion Energy on any revisions to the project schedule resulting from the change in ownership. The current project schedule targets receipt of a complete ITA 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 June 2024:
    The revised project schedule has been approved and posted on the FAST-41 dashboard. OPR continues to coordinate closely with the developer and is scheduled to meet with them next on 7/18/24 to discuss their application for an ITA. NMFS remains committed to achieving the revised project schedule, targeting receipt of a complete ITA 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:
    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 April 2024:
    In mid-March, the project schedule was again revised due to the project sponsor’s request for a 371-day extension.  NMFS is working toward the new schedule including 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 March 2024:
    On 3/1/24, BOEM informed cooperating agencies the project sponsor requested a 371-day shift to allow time to update inputs into the acoustic modeling and to refresh analysis of the modeling results to adequately assess environmental effects of the proposed project. The analysis will be used for the environmental review and permitting process including the MMPA ITA application, ESA consultation, and NEPA analysis. BOEM requested revised milestone dates by 3/6/24 and provided these to FPISC on 3/8/24. However, on 3/11/24, BOEM notified cooperating agencies that the project sponsor has again requested a shift in the project schedule to allow for a 441-day shift in the schedule. BOEM requested revised milestone dates by 3/14/24. NOAA Fisheries is again revising our milestone dates to accommodate the latest requested schedule revision.
  • Monthly Status Report for February 2024:
    On 1/9/24, BOEM provided cooperating agencies a revised project schedule driven by applicant delay in submitting the COP. On 1/16/24, NOAA Fisheries provided revised milestones to accommodate the revised schedule, as requested. Since that time, review of the latest ITA application has been completed, and there are concerns that issues raised in four previous reviews have still not been addressed. Information is still not included, raising concerns about being able to determine the ITA application adequate and complete by the 4/11/24 milestone date.  On 2/13/24, the applicant informed NOAA Fisheries they would be conducting new modeling, and thus, the schedule will have to be revised further. Kitty Hawk indicated they will be able to provide timing for when they will be able to submit a revised ITA application that includes new modeling by 2/16/24, at which time, NOAA Fisheries will coordinate a new schedule. We anticipate the schedule will shift by more than 30 days again based on this information.
  • Monthly Status Report for January 2024:
    On January 9, 2024 BOEM notified cooperating agencies that the EIS/COP schedule has been revised again due to delays in receipt of the applicant's COP.  NMFS again updated our milestones and provided an updated schedule to BOEM on January 16, 2024.
  • Monthly Status Report for December 2023:
    BOEM recently informed NMFS that the schedule for KittyHawk (north) will be revised again.  In addition, the developer has recently informed NMFS that construction activities would not begin until 2028.  On 12/4/23 NMFS and BOEM met to discuss this latest information and, as the schedule is likely to be revised again, NMFS is awaiting further information on any proposed schedule revisions from BOEM, and will continue to coordinate if our milestones need to be revised.  
  • Monthly Status Report for November 2023:
    NMFS has still not received an adequate and complete application from the project sponsor.  In November, 2023 NMFS again revised the MMPA schedule at the applicant's request.  Kitty Hawk North submitted an initial application on 6/3/23 that did not contain all modeling information. They advised NMFS on 8/10/23 they would submit a second draft of the application on 9/10/23, and on 10/30/23, further revised that date to 11/10/23. Therefore, the schedule was revised accordingly to account for this delay on 11/8/23.
  • Monthly Status Report for October 2023:
    NMFS has still not received an adequate and complete application from the project sponsor.  The project sponsor has advised they would submit a draft of the application on 10/30/23 (previously noted this would be 9/10/23). NMFS is awaiting a draft application to review to revise the MMPA schedule.
  • Monthly Status Report for September 2023:
    BOEM underwent a full schedule reset for this project, which was completed in May, 2023.  Since that time, NMFS has been working toward the alternative completion dates identified during that schedule reset, which anticipates a complete ITA application in December, 2023, publication of the Notice of Receipt in the Federal Register in January, 2024, and publication of the proposed rule in the Federal Register in August, 2024.
  • Monthly Status Report for August 2023:
    The agencies and sponsor are continuing to coordinate and determine the need for additional information. There is a pending resubmission to NMFS by the Sponsor.
  • 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. The agencies and sponsor are continuing to coordinate on this action to determine the need for additional information to meet this milestone. 
  • Monthly Status Report for June 2023:
     NMFS received the MMPA application from the Sponsor on June 12, 2023 and the MMPA action is proceeding.
  • Monthly Status Report for May 2023:
    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. The project sponsor does not anticipate submitting their application for the incidental take authorization under the MMPA until the summer of 2023, and a complete application is not anticipated until December 9, 2023 and publication of the Notice of Receipt is anticipated to be January 9, 2024. 
  • 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 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.

Publish Proposed ITA in Federal Register (Agency Action)
Current Target Date:
Milestone Details

This date aligns with the date the ESA consultation package is deemed to be complete. 

 

Publish Final ITA Regulations in Federal Register (LOA Only) (Agency Action)
Current Target Date:
Milestone Details

This milestone corresponds to publication of the final Incidental Take Regulations in the Federal Register and is a precursor to the actual Authorization, which is provided in a Letter of Authorization (LOA). 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 NOAA to make the required finding. We estimate that the Final Rule notification would be published in the Federal Register approximately 3 to 5 months after the close of the Proposed Rule comment period.
 

ITA decision rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is the actual Authorization for incidental take of marine mammals. 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 NOAA to make the required finding. We estimate that the process to issue the LOA generally takes 12 - 18 months from receipt of the application, and may be longer for more complex, controversial, or novel projects. There is a 30-day waiting period from publishing the Final ITA notice in the FR until the LOA can be issued.

 


View Action's Modification History

Milestone
ITA decision rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is the actual Authorization for incidental take of marine mammals. 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 NOAA to make the required finding. We estimate that the process to issue the LOA generally takes 12 - 18 months from receipt of the application, and may be longer for more complex, controversial, or novel projects. There is a 30-day waiting period from publishing the Final ITA notice in the FR until the LOA can be issued.

 

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: 11/03/2023
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 488
From: 04/29/2024
To: 03/05/2025
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
ITA decision rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is the actual Authorization for incidental take of marine mammals. 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 NOAA to make the required finding. We estimate that the process to issue the LOA generally takes 12 - 18 months from receipt of the application, and may be longer for more complex, controversial, or novel projects. There is a 30-day waiting period from publishing the Final ITA notice in the FR until the LOA can be issued.

 

Furthest Original Target Date Milestone
ITA decision rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is the actual Authorization for incidental take of marine mammals. 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 NOAA to make the required finding. We estimate that the process to issue the LOA generally takes 12 - 18 months from receipt of the application, and may be longer for more complex, controversial, or novel projects. There is a 30-day waiting period from publishing the Final ITA notice in the FR until the LOA can be issued.