Participating
Description:
Species listed pursuant to the Endangered Species Act (ESA) exist throughout the area affected by the wind farm and associated transmission line. FWS will consult with BOEM (i.e., the lead agency) if they request ESA consultation or if, prior to that request, the federal action agency informs FWS in writing that they have determined its project may affect species listed, or critical habitats designated, under the ESA.
Milestones:
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Monthly Status Report for May 2023:On 4/13/23, BOEM submitted a new addendum to the Biological Assessment which included substantially new information that must be considered to evaluate the project’s effects to federally listed species. In light of the new information, the USFWS and BOEM agreed to extend the final milestone from 5/14/23 to 5/30/23 to provide the USFWS sufficient time to factor the new information into the effects analysis of the project.
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Monthly Status Report for April 2023:On 4/13/23, BOEM submitted a new addendum to the Biological Assessment which included substantially new information that must be considered to evaluate the project’s effects to federally listed species. In light of the new information, the USFWS and BOEM agreed to extend the final milestone from 5/14/23 to 5/30/23 to provide the USFWS sufficient time to factor the new information into the effects analysis of the project.
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Monthly Status Report for March 2023:The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised to USFWS BA on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. BOEM received additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. BOEM successfully addressed all of USFWS comments in the revised BA submitted on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. Due to recent delays in development and verifications of risk assessment models for listed species and associated uncertainty in the information available to USFWS for consultation, as well as staffing uncertainty and competing workload demand on other very high priority projects, USFWS and BOEM have agreed to extend the final milestone by 45 days. This would move the ESA consultation conclusion deadline from March 31, 2023, to May 14, 2023. BOEM coordinated with the project sponsor regarding this change via email. This extension would not require changes to the overall project review timeline including completion of the EIS and ROD.
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Monthly Status Report for January 2023:The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023.
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Monthly Status Report for December 2022:The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023. Alternative Completion Date: 11/25/2022
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Non-conformance Explanation:The anticipated target date for the second Milestone, USFWS determines the Consultation Package is complete, was November 16, 2022, but was completed on November 25, 2022. This allowed the USFWS time to review BOEM’s additional materials and revisions to the Biological Assessment (BA) to meet the requirements of a complete consultation package. In response to comments on the initial BA, BOEM submitted a revised BA to USFWS on August 29, 2022 with substantial revisions. Those revisions included an updated project description, updated effects analysis, updated AMMs, and a commitment to a monitoring and adaptive management plan prior to operating the project. During this time, both agencies anticipated meeting the second milestone date. Upon receipt of additional review comments from USFWS on October 31, 2022, during the 30-day lockout period. Despite initially expressing deep concern with USFWS about being able to deliver a revised BA by November 16, 2022, BOEM successfully addressed all of USFWS comments in the revised BA submitted at 12:01 am on November 17, 2022. On November 25, 2022, the USFWS notified BOEM that the consultation package is now complete. The delay should not affect the final completion Milestone target date of March 31, 2023.