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With the shift in the ROD date, USACE is accordingly extending the milestone date for issuance of the Section 408 final decision to 120 days post-ROD. Section 408 review is anticipated to conclude on the same date as Section 10/404 action
The project sponsor notified NMFS that they would not complete the acoustic modeling for their MMPA incidental take authorization application until the end of February, which caused the milestone for determining the application complete to be extended. This extension required revisions to the subsequent MMPA milestones as well as revisions to the ESA/EFH milestones, per the dependencies and inter-relatedness of the milestones.
The interim milestone, “EFH Consultation Request Submitted” is aligned with the date BOEM submits the draft DEIS for cooperating agency review and is contingent on NMFS receiving a consultation request from BOEM (as lead Federal agency), consisting of a draft EFH assessment, that considers the effects of all proposed Federal actions.
Triggered missed date from extending EFH Consultation Request Submitted – EFH Assessment (Agency Action) within 30 days of its current target date which was 01/22/2025 and extended to 03/07/2025
The interim milestone, “ESA Consultation Package Submitted” is aligned with the date BOEM submits the draft DEIS for cooperating agency review and is dependent on NMFS receiving a consultation request from BOEM (as lead Federal agency), consisting of a draft Biological Assessment, that considers effects of all proposed Federal actions.
Triggered missed date from extending ESA Consultation Request Package Submitted (Agency Action) within 30 days of its current target date which was 01/22/2025 and extended to 03/07/2025
The Section 10/404 final completion date is dependent upon the final completion date of BOEM’s NEPA action. For this project, the USACE review will require 120 days between issuance of the ROD and issuance of USACE’s Section 10/404 decision. Therefore, an extension of the Section 10/404 final completion date is requested based upon the extension of the ROD milestone.
The result of delay of ASOW N submittal of the MMPA ITA application is shifting the remaining NEPA milestone dates. The COP Final decision milestone is dependent on the NEPA timeline.
Section 106 consultation is being conducted through the Section 106 NEPA substitution process and is interrelated with the NEPA timeline which is changing.
BLM, as part of its standard process for solar projects, requires several baseline studies before beginning NEPA. The Project Sponsor and BLM have worked together to ensure completeness of the required studies and coordinated to manage BLM review and Project Sponsor submittals to maintain progress. Through recent increased coordination, the agency and Project Sponsor agreed that additional time is needed to finalize and approve the required studies.