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FAST-41 Missed Date: Endangered Species Act Consultation (NOAA-NMFS)

Submitted by mary.boatman@b… on

Triggered missed date from extending Conclusion of ESA Consultation within 30 days of its current target date which was 01/24/2020 and extended to 07/08/2021

Action
Project Name: Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Status:
Paused
POC Name:
Julie Crocker
POC Title:
Endangered Fish Branch Chief

Description:

ESA-listed species exist throughout the area affected by the wind farm and associated transmission line.  The proposed action may affect these species, therefore ESA Section 7 consultation is required.  At this time, we anticipate that the proposed action may adversely affect at least some of the listed species in the action area and that formal ESA section 7 consultation, resulting in the issuance of a Biological Opinion with appropriate Incidental Take Statement, will be necessary.

Milestones:

ESA Consultation Request Package Submitted (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)
    - Completed Date: 01/08/2021
Current Target Date:
Milestone Details

Consultation request expected concurrent with lead agency’s issuance of the draft EIS. Completion of this milestone is contingent upon NMFS receiving a request for ESA consultation.

NOAA determines ESA Consultation Package is Complete - Formal (Agency Action)
Current Target Date:
Milestone Details

Target completion is 90 days after issuance of draft EIS and receipt of a request for ESA consultation. Completion of this milestone is contingent upon NMFS receiving sufficient information to deem the consultation package complete.

ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for October 2021:
    The Biological Opinion was issued to BOEM on 10/1/21 completing the ESA consultation per the revised timeline. 
  • Monthly Status Report for August 2021:
    Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.
  • Non-conformance Explanation:
    The 08/06/2021 completion date for the ESA Consultation was missed. The agencies have agreed to a new completion date of 10/01/2020. The required Missed Date Action Plan and monthly missed date reports will be posted to the Dashboard when received from the agency.
Alternative Completion Date:
10/01/2021
Milestone Details

Target completion is 135 days following receipt of sufficient information to deem the consultation package complete. The final completion date is contingent upon NMFS receiving sufficient information to deem the consultation package complete.

Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for October 2021:
    The Biological Opinion was issued to BOEM on 10/1/21 completing the ESA consultation per the revised timeline. 
  • Monthly Status Report for August 2021:
    Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.
  • Non-conformance Explanation:
    The 08/06/2021 completion date for the ESA Consultation was missed. The agencies have agreed to a new completion date of 10/01/2020. The required Missed Date Action Plan and monthly missed date reports will be posted to the Dashboard when received from the agency.
Alternative Completion Date:
10/01/2021
Milestone Details

Target completion is 135 days following receipt of sufficient information to deem the consultation package complete. The final completion date is contingent upon NMFS receiving sufficient information to deem the consultation package complete.

Project

PROJECT WEBSITE: South Fork Wind Farm - Deepwater 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
01/18/2022

9 out of 9

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects
Major Infrastructure 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

Description:

The purpose of the South Fork Wind Farm (the Project) is to generate electricity from an offshore wind farm and transmit it to the existing East Hampton Substation, part of the Long Island Power Authority (LIPA) electric transmission and distribution system in East Hampton, New York. The Project addresses the need identified by LIPA for new sources of power generation that can cost-effectively and reliably supply the South Fork of Suffolk County, Long Island, as an alternative to constructing new transmission facilities. The Project will also help LIPA achieve its renewable energy goals. The Project will enable Deepwater South Fork to fulfill its contractual commitments to LIPA pursuant to a Power Purchase Agreement (PPA) executed in 2017 resulting from LIPA's technology-neutral competitive bidding process.

The South Fork Wind Farm is located in federal waters on the Outer Continental Shelf (OCS), specifially in Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0501, approximately 19 miles southeast of Block Island, Rhode Island, and approximately 35 miles east of Montauk Point, New York; The South Fork Export Cable is located on the OCS, in New York State Territorial Waters, and in the Town of East Hampton, New York.

field_status
System Comments
Triggered missed date from extending Conclusion of ESA Consultation within 30 days of its current target date which was 01/24/2020 and extended to 07/08/2021
Approver Comments
The missed milestone completion date or delay was attributable to reasons beyond the control of the agency.
Previous Action Status
New Action Status
Missed Date Process
No
Missed Date Triggered by Extension
Yes
New Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for October 2021:
    The Biological Opinion was issued to BOEM on 10/1/21 completing the ESA consultation per the revised timeline. 
  • Monthly Status Report for August 2021:
    Missed Date Explanation (published 9/1/2021): The 8/6/2021 completion date for NOAA “ESA Consultation” was missed because the Executive Director did not timely receive a compliant request to modify the completion date. 42 U.S.C. 4370m-2(c)(2)(D)(i)(III) & (ii). On 8/19/2021, BOEM and NOAA agreed to a new completion date of 10/01/2021. More time is needed to complete the ESA consultation than originally specified because the scope of analysis was changed after the consultation was initiated in February 2021. Specifically, the agencies identified additional fisheries-related survey activities to be included as part of the proposed action, which were not included when BOEM initially requested consultation under section 7 of the ESA.
  • Non-conformance Explanation:
    The 08/06/2021 completion date for the ESA Consultation was missed. The agencies have agreed to a new completion date of 10/01/2020. The required Missed Date Action Plan and monthly missed date reports will be posted to the Dashboard when received from the agency.
Alternative Completion Date:
10/01/2021
Milestone Details

Target completion is 135 days following receipt of sufficient information to deem the consultation package complete. The final completion date is contingent upon NMFS receiving sufficient information to deem the consultation package complete.

Response Date