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Milestone Extension: Section 106 Review

Submitted by jennifer.malla… on

The revised Section 106 technical reports, revised Finding of Effect, and revised Memorandum of Agreement (MOA) were distributed to consulting parties on November 11, 2022 for a 30-day review. On December 12, 2022, BOEM received comments that will require additional revisions to the Finding of Effect and MOA and subsequent consulting party review of those documents. Realignment of the final Section 106 Review milestone from April 14, 2023 to May 26, 2023 is needed to accommodate the additional review period for the revised Finding of Effect and revised MOA.

BOEM coordinated the change to the final Section 106 review milestone with all FAST-41 cooperating and participating agencies in an interagency meeting held on January 17, 2023. On January 5, 2023, the project sponsor was consulted regarding this permitting timetable update and raised no objections to the extension of the final Section 106 review milestone. 

Change to the final Section 106 review milestone was coordinated with the changes to the Environmental Impact Statement (EIS) milestone changes, and has been documented in the project's CPP.

Action
Project Name: Responsible Agency:
Bureau of Ocean Energy Management
Status:
In Progress
POC Name:
Lisa Landers
POC Title:
NEPA Coordinator

Milestones:

Consultation initiated with SHPO/THPO (Agency Action)
Completed Date:
Notification agency will use NEPA substitution approach [36 CFR 800.8(c)] (Agency Action)
Completed Date:
Section 106 consultation concluded (Agency Action)
  • Non-conformance Explanation:
    Additional time was needed for consulting party review of the revised Section 106 MOA and supplemental technical memorandums to the Historic Resources Visual Effects Assessment (HRVEA) and Terrestrial Archaeological Resources Assessment (TARA) reports, prepared by Ocean Wind LLC. BOEM has distributed the Section 106 MOA and signatures are anticipated within 30 calendar days, by June 30, 2023. 
Current Target Date:
Milestone
Section 106 consultation concluded (Agency Action)
  • Non-conformance Explanation:
    Additional time was needed for consulting party review of the revised Section 106 MOA and supplemental technical memorandums to the Historic Resources Visual Effects Assessment (HRVEA) and Terrestrial Archaeological Resources Assessment (TARA) reports, prepared by Ocean Wind LLC. BOEM has distributed the Section 106 MOA and signatures are anticipated within 30 calendar days, by June 30, 2023. 
Current Target Date:
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.

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.

field_status
System Comments
Furthest out
Original Target Date: 03/31/2023
Milestone: Section 106 consultation concluded (Agency Action)

Requested extensions greater than 30 days for this Action are shown below:

Section 106 consultation concluded (Agency Action) extended by 56
From: 04/14/2023
To: 05/26/2023
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
Section 106 consultation concluded (Agency Action)
  • Non-conformance Explanation:
    Additional time was needed for consulting party review of the revised Section 106 MOA and supplemental technical memorandums to the Historic Resources Visual Effects Assessment (HRVEA) and Terrestrial Archaeological Resources Assessment (TARA) reports, prepared by Ocean Wind LLC. BOEM has distributed the Section 106 MOA and signatures are anticipated within 30 calendar days, by June 30, 2023. 
Current Target Date:
Furthest Original Target Date Milestone
Section 106 consultation concluded (Agency Action)
  • Non-conformance Explanation:
    Additional time was needed for consulting party review of the revised Section 106 MOA and supplemental technical memorandums to the Historic Resources Visual Effects Assessment (HRVEA) and Terrestrial Archaeological Resources Assessment (TARA) reports, prepared by Ocean Wind LLC. BOEM has distributed the Section 106 MOA and signatures are anticipated within 30 calendar days, by June 30, 2023. 
Current Target Date: