On July 23, 2021, the Executive Director rejected NOAA's pending milestone extension request. The missed date functionality was not triggered since the new date wasn't published due to the rejection of the extension request. Enabling missed dates provision per statute.
Responsible Agency:
Cooperating under NEPA
Description:
Section 7(a)(2) of the Endangered Species Act (ESA) requires Federal agencies to consult with NOAA Fisheries when any action they authorize, fund, or carry out may affect an ESA-listed species or designated critical habitat under NOAA Fisheries’ jurisdiction. ESA-listed species occur in the action area for the South Fork project. The proposed action may affect these resources, therefore Section 7 consultation is required.
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: 01/08/2021
This target timeline is dependent on receipt of a consultation request from BOEM, consisting of a Biological Assessment, that considers effects of all proposed Federal actions, concurrent with the draft NEPA document.
This date is dependent upon NOAA Fisheries receiving sufficient information (a complete final Biological Assessment) from BOEM to deem the package complete and initiate the ESA consultation as well as receiving the proposed IHA from NMFS. (Note that this date anticipates considerable coordination with BOEM on review of a draft BA prior to January 2021)
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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.
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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.
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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.
The final completion date is contingent upon NOAA Fisheries receiving sufficient information that NOAA Fisheries determines adequate to initiate ESA consultation. This date must be prior to issuance of the MMPA ITA Publication of Final Regulations (for a LOA) or MMPA Decision Rendered (if IHA). The target completion date is 150 days following the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion). The target completion date is 45 days prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.
The 08/06/2021 completion date for the ESA Consultation was missed. On 8/19/2021, the completion date for the NOAA "Conclusion of ESA Consultation" action was changed to 10/1/2021 by agreement of the agencies. A detailed explanation for the missed 8/6/2021 completion date will be posted to the Dashboard when provided by the agencies.
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.
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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.
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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.
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.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
COMPLETE
COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
01/18/2022
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
Department of Commerce, National Oceanic and Atmospheric Administration
Department of the Interior, Fish and Wildlife Service
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), specifically in Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0517, 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.
Update:
The Executive Director granted a BOEM request to extend the final completion date for “Outer Continental Shelf (OCS) Air Permit,” “Issuance of final decision for permit/approval” until 01/18/2022. The Executive Director determination is available here.
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