Cooperating under NEPA
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.
Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires federal agencies to consult with NOAA Fisheries on any action or proposed action that may adversely affect Essential Fish Habitat (EFH). EFH exists throughout all of the coastal and offshore areas affected by the Kitty Hawk Wind Project and associated transmission system. The proposed action may adversely affect these resources, therefore EFH consultation is required. Based on anticipated adverse impacts to EFH, an expanded consultation will be required. The final consultation completion date is contingent upon NOAA Fisheries receiving sufficient information to initiate EFH consultation. Also note that NMFS has authorities under the Fish and Wildlife Coordination Act for this project. NMFS expects the coordination and consultation under the Fish and Wildlife Coordination Act to be concurrent with the EFH consultation.
Milestones:
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Environmental Impact Statement (EIS)
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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
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Monthly Status Report for October 2024:No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
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Monthly Status Report for September 2024:No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
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Monthly Status Report for August 2024:No additional updates since last month. Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
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Monthly Status Report for July 2024:Dominion announced an agreement to purchase the lease from the current Sponsor, Avangrid, and BOEM is anticipating a request for the lease assignment. BOEM and Permitting Council will coordinate with both entities regarding plans for the permitting timetable on the FAST-41 Dashboard.
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Monthly Status Report for June 2024:BOEM is still anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package. BOEM plans to submit the EFH consultation package to NMFS in the spring of 2025.
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Monthly Status Report for May 2024:BOEM is still anticipating a new COP submission in July of 2024, which will inform preparation of the consultation package. BOEM plans to submit the EFH consultation package to NMFS in the spring of 2025.
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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.
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Monthly Status Report for March 2024:The project's permitting timetable was recently revised on March 25 and the revision included this milestone. BOEM extended the environmental review milestones to allow the Sponsor time to update inputs into the acoustic modelling, and to refresh analysis of the modeling results, to adequately assess environmental effects of the proposed project. These actions will inform COP updates needed for BOEM to prepare and submit to NMFS the EFH consultation package to meet the revised milestone date of March 6, 2025.
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Monthly Status Report for February 2024:BOEM, at the request of the Sponsor, is consulting with cooperating agencies to update to the revised timetable that was submitted to the Permitting Council in early February. Since then, the Sponsor asked BOEM to extend the environmental review to allow the Sponsor time to update inputs into the acoustic modelling, and to refresh analysis of the modeling results, to adequately assess environmental effects of the proposed project. The adjustments to the proposed timetable will encompasses all remaining milestones, including this milestone.
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Monthly Status Report for January 2024:As a result of the sponsor's intent to submit an updated COP (with changes to the PDE) in March of 2024, BOEM has developed a revised timetable for this project. BOEM developed the revised timetable after reviewing the project schedule with the cooperating agencies and in consultation with the project sponsor. The revised timetable encompasses all remaining milestones, including milestones for this nonconformant action. The revised timetable will be part of an Executive Director Determination (EDD) request BOEM intends to submit to the Permitting Council in February. While an Executive Director Determination (EDD) is not needed to update this milestone, BOEM intends to adopt the revised timetable upon receipt of an EDD.
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Monthly Status Report for December 2023:The sponsor is expected to submit an updated COP with changes to Project Design Envelope (PDE), anticipated submission by Feb or March of 2024. BOEM is undertaking a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. The review will result in an updated permitting time table for all actions, including this milestone. BOEM anticipates updating milestone dates in January 2024.
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Monthly Status Report for November 2023:BOEM will need time to address NMFS comments on the EFH consultation package, which was submitted to NMFS on Sep 18, 2023, and anticipates a need to move the Dec 13, 2023 milestone, after consulting with cooperating agencies and the Project Sponsor on the new milestone date.
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Monthly Status Report for October 2023:BOEM will need time to address NMFS comments on the EFH consultation package, which was submitted to NMFS on Sep 18, 2023, and anticipates a need to move the Dec 13, 2023 milestone, after consulting with cooperating agencies and the Project Sponsor on the new milestone date.
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Monthly Status Report for September 2023:BOEM and the Sponsor refined the project description and submitted to NMFS on Sep 18. NMFS is reviewing.
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Monthly Status Report for August 2023:Based on ongoing coordination with NMFS and the sponsor, BOEM is refining its submission and will continue to coordinate with the aim of meeting this milestone.
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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. BOEM is on track for meeting the alternative completion date for this action. The agencies are continuing to coordinate on this action to determine the need to refine BOEM's submission.
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Monthly Status Report for June 2023:BOEM is on track to submit the EFH assessment to NMFS in time to meet the EFH milestone of Dec 13.
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Monthly Status Report for May 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. The review culminated in a request, from BOEM to FPISC on April 21, 2023, for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 12, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of ESA and EFH actions. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the posted completion dates of these actions, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), these actions were not modified through the ED Determination and are instead following the non-conformance protocol. The original dates for actions under the ESA with NMFS and FWS, respectively, and EFH with NMFS, are no longer viable under the new schedule due to interdependencies with the NEPA schedule and MMPA actions. BOEM proposes new dates for these actions as submitted to the FAST-41 dashboard, with concurrence from the respective Cooperating Agencies, in order to successfully meet the project permitting schedule as approved.
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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.
This reflects the anticipated date of receipt of initial EFH Assessment from BOEM. Meeting this milestone target date is contingent upon NOAA Fisheries receiving an EFH Assessment from the lead agency by the date provided.
EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from the lead agency to initiate EFH consultation and the notice of availability of the DEIS.
Issuance of EFH Conservation Recommendations is dependent upon the magnitude of adverse effects and the extent to which BMPs abate those adverse effects. NMFS has 60 days from the date consultation is initiated to provide EFH Conservation Recommendations.