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Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation

Project Name:
SouthCoast Wind Energy LLC (SouthCoast Wind)
Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Complete
POC Name:
Alison Verkade
POC Email:
alison.verkade@noaa.gov
Action Outcome:
One or more EFH conservation recommendations are issued

Milestones:

EFH Consultation Request Submitted – EFH Assessment (Agency Action)
Completed Date:
Milestone Details

This reflects the anticipated date of receipt of initial EFH Assessment from BOEM and reflects the beginning of the cooperating agency review for the DEIS. EFH consultation request is set to be concurrent with receipt of the preliminary DEIS for cooperating agency review.  Meeting this milestone target date is contingent upon NOAA Fisheries receiving an EFH Assessment from the lead agency by the date provided.

 

NOAA determines EFH Assessment is Complete (Agency Action)
  • 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: 02/17/2023
  • Monthly Status Report for August 2024:
    NMFS deemed the EFH package complete on June 24 and the agencies are on track to meet the final Sep 23 milestone to conclude consultation.
  • Monthly Status Report for July 2024:
    NMFS deemed the EFH package complete on June 24 and the agencies are on track to meet the final Sep 23 milestone to conclude consultation.
  • Monthly Status Report for June 2024:
    NMFS deemed the EFH package complete on June 24 and the agencies are on track to meet the final Sep 23 milestone to conclude consultation.
  • Monthly Status Report for May 2024:
    BOEM provided responses to NMFS comments on the EFH package and is on track to meet the June 24 milestone for NMFS completeness determination.
  • Monthly Status Report for April 2024:
    BOEM is responding to NMFS comments on the EFH package and will provide those in May and is on track to meet the June 24 milestone.
  • Monthly Status Report for March 2024:
    BOEM undertook a review of the permitting timetable for this project with the cooperating agencies and in consultation with the Sponsor. The review encompassed all remaining milestone dates for the project, including this one. Based on that review, in December of 2023, BOEM initiated development of a revised permitting timetable. BOEM subsequently participated in 3 convening meetings with the Permitting Council and the Sponsor. BOEM is currently undertaking a final review of the revised permitting timetable to reset the schedule for the remaining milestones.  
  • Monthly Status Report for February 2024:
    BOEM undertook a review of the permitting timetable for this project with the cooperating agencies and in consultation with the Sponsor. The review encompassed all remaining milestone dates for the project, including this one. Based on that review, in December of 2023, BOEM initiated development of a revised permitting timetable. BOEM subsequently participated in three convening meetings with the Permitting Council and the Sponsor and currently has a revised permitting timetable before the Permitting Council to reset the schedule for the remaining milestones.
  • Monthly Status Report for January 2024:
    BOEM undertook a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompassed all agency actions and milestone dates for the project, including this action. Based on that review, in December of 2023, BOEM developed a revised permitting timetable. The Permitting Council has scheduled a convening meeting in February of 2024 to further consult on the proposed timetable.
  • Monthly Status Report for December 2023:
    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.
  • Monthly Status Report for November 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action.
  • Monthly Status Report for October 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action.
  • Monthly Status Report for September 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Monthly Status Report for August 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Monthly Status Report for July 2023:
    Pending the Sponsor's submittal to NMFS of supplemental information for their MMPA application, BOEM will undertake a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review will encompass all NEPA and associated agency actions and milestone dates for the project, including this action. Upon completing that review, BOEM will submit to FPISC a request for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Monthly Status Report for June 2023:
    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 will result in a request from BOEM to FPISC for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Monthly Status Report for May 2023:
    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.
  • 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.
Alternative Completion Date:
Milestone Details

EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from BOEM to initiate EFH consultation.  EFH consultation is expected to be initiated within 60 days of the issuance of the NOA of the DEIS to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.

NOAA Issues any EFH Conservation Recommendations (Agency Action)
Alternative Completion Date:
Milestone Details

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 up to 90 days from the date consultation is initiated to provide EFH Conservation Recommendations.  BOEM has agreed to provide additional time (over the statutory 60 days) due to the anticipated number of overlapping projects. This date provides approximately 80 days (30 days prior to the cooperating agency review of the FEIS) to ensure EFH consultation is completed with sufficient time for BOEM to incorporate the EFH consultation into the FEIS. 

 


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