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A shift to the Section 408 decision date is required due to delays to the Section 106 consultation and Record of Decision (ROD) dates. The timeframe for this 408 decision is 90 days after BOEM releases the ROD.
Applicant delays caused delay in EPA’s application completeness determination, which shifted final decision milestone date forward according to the one-year statutory deadline under CAA § 165.
BOEM notified NOAA Fisheries that their FEIS and ROD dates would be extended. BOEM's proposed new ROD date is 7/7/23. The MMPA milestone for publication of the final ITA regulations in the FR cannot be completed until after the ROD. Therefore, NOAA Fisheries extended the final two MMPA milestones according to the notional timetable to allow time after the the ROD to publish the final ITA regs, and to allow for the required 30-day cooling off period between publication of the final ITA regulations and rendering the ITA decision.
Agency Milestone Date of 02/17/2023 for 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) has passed by 1 business days
Agency Milestone Date of 02/17/2023 for 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) has passed by 1 business days
Agency Milestone Date of 02/15/2023 for Application deemed complete (Agency Action) has passed by 1 business days
Agency Milestone Date of 02/15/2023 for Application deemed complete (Agency Action) has passed by 1 business days
The applicant had initially requested a review schedule for their Kitty Hawk South project with an early NOI coming in October 2022 with the DEIS NOA occurring much later in 2024 - this timeframe has been extended, with an NOA date in Feb 2026 and a ROD date in Jan 2027. USACE milestones were adjusted accordingly.
On 1/13/23, BOEM notified NMFS that there would be an additional six-week delay in submitting an EFH Assessment that addressed comments submitted by NOAA Fisheries in October, 2022. The delay is due to the fact that the developer would not be able to provide the information to BOEM for two more weeks and an additional 30 days is needed for BOEM's contractor to revise the EFH Assessment. NOAA Fisheries' second EFH Milestone has been extended to allow
Triggered missed date from extending NOAA determines EFH Assessment is Complete (Agency Action) within 30 days of its current target date which was 02/16/2023 and extended to 04/17/2023