Cooperating under NEPA
Description:
The Service will consult with BOEM on any project-related activities that may affect federally listed species or critical habitat. BOEM provided a revised BA on 8/23/22 per the Service's request. Once the Service has reviewed that information, we will coordinate with BOEM and FPISC to revise the final Milestone if needed. On 10/4/22, BOEM provided all the elements of a complete BA, including assessing collision risks for at-risk species.
Milestones:
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Non-conformance Explanation:In a letter dated February 10, 2023, FWS stated that the collision risk posed by wind turbine generator operation is likely to adversely affect piping plover, rufa red knot, and roseate tern and that FWS is proceeding with formal consultation for these species effects. On February 13, 2023, and February 23, 2023, FWS notified BOEM via email that additional time is needed for FWS’s preparation of the draft Biological Opinion (BO), BOEM’s review of the draft BO, and FWS’s preparation of the final BO. Coordination between FWS and BOEM resulted in agreement that FWS would provide a draft BO on April 14, 2023, to BOEM for review, and BOEM would complete their review of the draft BO and provide FWS comments by April 26, 2023, and FWS would submit the final BO to BOEM by May 12, 2023. Thus, BOEM and FWS requested to change the "ESA Consultation Concludes" milestone date from April 3, 2023 to May 12, 2023. Since the final milestone is moving by more than 30-days, an Executive Director (ED) determination request was required. The request to extend the final milestone date was submitted through an ED determination request on March 1, 2023, two days in advance of the FAST-41 30-day lockout period which began March 3, 3023. However, even though the request was submitted two days before the 30-day lockout, the analysis and coordination required by the ED determination process could not be completed prior to the 30-day lockout period. Therefore, the milestone went to nonconformance.