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Permitting Action Modification History

Complete
N/A
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Issuance of Notice of Intent to prepare an Environmental Impact Statement (EIS) (Agency Action) 06-24-2021 06-24-2021 --- Yes
Scoping (Agency Action) 07-26-2021 07-26-2021 --- Yes
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) 08-12-2022 11-18-2022 --- Yes
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) 04-28-2023 09-08-2023 09-15-2023 Yes
Issuance of Lead Agency Record of Decision (Agency Action) 06-12-2023 10-23-2023 11-21-2023 Yes
In Progress
N/A
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Issuance of Notice of Intent to prepare an Environmental Impact Statement (EIS) (Agency Action) 06-24-2021 06-24-2021 --- Yes
Scoping (Agency Action) 07-26-2021 07-26-2021 --- Yes
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) 08-12-2022 11-18-2022 --- Yes
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) 04-28-2023 09-08-2023 09-15-2023 Yes
Issuance of Lead Agency Record of Decision (Agency Action) 06-12-2023 10-23-2023 11-21-2023 No
In Progress
BOEM’s FEIS must incorporate measures resulting from Sec 7 consultations. The prior milestone date for publication of the FEIS was Sep 8. ​​​​​NMFS concluded ESA consultation on Sep 8 with issuance of the Biological Opinion, with reasonable and prudent measures (RPMs), terms and conditions, and conservation recommendations. BOEM needed an additional week to analyze and incorporate the NMFS recommendations into the FEIS. BOEM published the FEIS on Sep 15.
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Issuance of Notice of Intent to prepare an Environmental Impact Statement (EIS) (Agency Action) 06-24-2021 06-24-2021 --- Yes
Scoping (Agency Action) 07-26-2021 07-26-2021 --- Yes
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) 08-12-2022 11-18-2022 --- Yes
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) 04-28-2023 09-08-2023 09-15-2023 No
Issuance of Lead Agency Record of Decision (Agency Action) 06-12-2023 10-23-2023 --- No
In Progress
BOEM requests an extension of completion dates for its NEPA action based on the following: (1) several updates to the Project Sponsor’s Project Design Envelope and COP; (2) the addition of a connected action to the EIS; (3) the Project Sponsor’s need to provide additional acoustic modeling information, which then needed to be incorporated into the EIS that BOEM is preparing pursuant to NEPA, and (4) the Project Sponsor’s delay in providing sufficient information for use in developing suitable alternatives for USACE’s Section 10/404 action, which also needs to be included in the EIS.
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Issuance of Notice of Intent to prepare an Environmental Impact Statement (EIS) (Agency Action) 06-24-2021 06-24-2021 --- Yes
Scoping (Agency Action) 07-26-2021 07-26-2021 --- Yes
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) 08-12-2022 11-18-2022 --- Yes
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) 04-28-2023 09-08-2023 --- No
Issuance of Lead Agency Record of Decision (Agency Action) 06-12-2023 10-23-2023 --- No
In Progress
No changes made to dates
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Issuance of Notice of Intent to prepare an Environmental Impact Statement (EIS) (Agency Action) 06-24-2021 06-24-2021 --- Yes
Scoping (Agency Action) 07-26-2021 07-26-2021 --- Yes
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) 08-12-2022 11-18-2022 --- Yes
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) 04-28-2023 04-28-2023 --- No
Issuance of Lead Agency Record of Decision (Agency Action) 06-12-2023 06-12-2023 --- No
In Progress
The lessee was late with the submittal of the initial Marine Mammal Protection Act (MMPA) permit application to National Marine Fisheries Service (NMFS).  This permit application has impacts on the NMFS Endangered Species Act (ESA) consultation process, including BOEM’s preparation of the biological assessment, as well as the NMFS Magnuson–Stevens Fishery Conservation and Management Act consultation process, including BOEM’s preparation of the Essential Fish Habitat (EFH) assessment, and BOEM’s preparation of the draft Environmental Impact Statement (EIS). The lessee was previously informed that the initial MMPA permit application needed to be filed with NMFS a minimum of six months prior to the complete MMPA application milestone date on the Fast-41 dashboard.  The original milestone for a complete and adequate MMPA application for a Letter of Authorization (LOA) was set at March 1, 2022.  The applicant submitted their initial application for an LOA on December 7, 2021, only three months before the adequate and complete milestone.  NMFS’ review of the application showed shortcomings in the acoustic modeling data for the wind turbine and offshore substation piles in two areas: 1) difficult to drive piles requiring alternative driving methodologies or increased hammer strength were not modeled; and 2) the full range of foundation sizes in the lessee’s Project Design Envelope were not modeled.  Empire Wind promised to provide updated acoustic modeling and a corrected LOA by June 13, 2022.  NMFS has requested the adequate and complete milestone date be set at August 12, 2022, giving NMFS 60 days to review the updated application.  Note that the milestones for ESA and EFH consultation have dependencies on the MMPA milestone.  Additionally, the BOEM EIS milestones have dependencies on these same NMFS  milestones.
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Issuance of Notice of Intent to prepare an Environmental Impact Statement (EIS) (Agency Action) 06-24-2021 06-24-2021 --- Yes
Scoping (Agency Action) 07-26-2021 07-26-2021 --- Yes
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) 08-12-2022 11-18-2022 --- No
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) 04-28-2023 04-28-2023 --- No
Issuance of Lead Agency Record of Decision (Agency Action) 06-12-2023 06-12-2023 --- No