Milestone Extension: Section 106 Review
106 Consultation required adjustment to reflect overall NEPA schedule shift and revised ROD date.
Approved
Milestone Extension: Environmental Impact Statement (EIS)
The delayed timing of submittal of information towards the Marine Mammal Protection Act (MMPA) permitting process by the project sponsor led to the need to revise the COP review and approval schedule for the CVOW Project. The DEIS was shifted by 4-months with a new milestone date of 12/16/22. The FEIS and ROD are being adjusted accordingly.
FAST-41 Missed Date:Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation: NOAA determines EFH Assessment is Complete (Agency Action)
Triggered missed date from extending NOAA determines EFH Assessment is Complete (Agency Action) within 30 days of its current target date which was 04/19/2023 and extended to 05/05/2023
Milestone Extension: Endangered Species Act Consultation (DOI-FWS)
BOEM’s request for an extension of the FWS ESA completion date is based on the need for the Project Sponsor to input data into the recently updated collision risk model for birds. The model results will also need to be incorporated into BOEM’s biological assessment, which will then need to be resubmitted to FWS.
Milestone Extension: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act
Milestone updated as per BOEM's revised schedule and ROD date of October 23, 2023. USACE decision date is scheduled for 120 days after the BOEM ROD.
Milestone Extension: Endangered Species Act Consultation (NOAA-NMFS)
On January 27, NOAA notified BOEM that the information necessary to initiate consultation was missing from the December 2022 BA. NOAA requested that BOEM provide that information by February 27 so that it could be reviewed before the March 13 milestone date. On February 8, BOEM informed NOAA that they would not be able to provide the information until after February 27 and requested that the milestone date be moved back by 30 days to April 12, 2023. This also requires ESA milestone #3 to be delayed by 30 days in order to allow for the 150 days for NOAA to review and conclu
Milestone Extension: Section 106 Review
The Section 106 consultation process is delayed for two reasons. First, there have been multiple changes to the terrestrial area of potential effect (APE) for the Section 106 consultation.
Milestone Extension: Environmental Impact Statement (EIS)
BOEM requests an extension of completion dates for its NEPA action based on the following: (1) several updates to the Project Sponsor’s Project Design Envelope and COP; (2) the addition of a connected action to the EIS; (3) the Project Sponsor’s need to provide additional acoustic modeling information, which then needed to be incorporated into the EIS th
Milestone Extension: Construction and Operations Plan
Several revisions to the Empire Wind COP and Project Design Envelope (PDE) have extended the length of the COP sufficiency review process beyond the initial DEIS publication milestone of August 5, 2022. Empire Wind submitted its most recent changes to its PDE and COP Volume 1 on April 4, 2022. The revised COP Volume 2 and responses to BOEM’s latest round of sufficiency review comments were then filed May 16, 2022. Finally, updates to several COP appendices and the acoustic modeling data were filed in mid-June 2022.