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 and designated critical habitat occur in the action area for the Sunrise Wind project. The proposed action may affect these resources, therefore Section 7 consultation is required.
This initial permitting timetable for the Sunrise Wind Project 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.
Milestones:
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. Receipt of the consultation request is set concurrent with the receipt of preliminary DEIS for cooperating agency review NEPA document.
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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)
- Completed Date: 12/16/2022
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Monthly Status Report for September 2023:Milestone completed April 27, 2023
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Monthly Status Report for August 2023:Milestone completed April 27, 2023
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Monthly Status Report for July 2023:Milestone completed April 27, 2023
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Monthly Status Report for June 2023:On April 27, 2023 NMFS determined the ESA consultation package complete.
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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 on May 22, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On June 6, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard.
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Monthly Status Report for April 2023:BOEM submitted a revised BA to NMFS on April 11.
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Non-conformance Explanation:BOEM was provided an alternative project layout by the project sponsor, which will require updates to the BA. BOEM will need additional time to obtain updated information from the project sponsor, incorporate that into a revised BA, and submit it to NMFS. Additional time is also needed for review of the revised BA once received. Therefore, BOEM and NMFS agreed to a 60-day extension of the second ESA milestone.
This date is dependent upon NOAA Fisheries receiving sufficient information from BOEM to deem the package complete and initiate the ESA consultation. This includes receipt of a complete final Biological Assessment (as an appendix to the DEIS), the proposed MMPA Incidental Take Authorization from NMFS, and the public availability of the DEIS. (Note that this date anticipates considerable coordination with BOEM on review of a draft BA). This date is set 60 days after the NOA for DEIS to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.
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 at least 150 days following the consultation initiation date (135 day regulatory timeline plus 15 days to allow for BOEM review of the draft Opinion) to ensure NMFS has sufficient time to refine the Opinion in advance of integration into the FEIS. The target completion date provides sufficient time prior to the NOA for FEIS to allow incorporation of the findings of the consultation into the FEIS.