Milestone Extension: Clean Water Act Section 402 Permit, National Pollutant Discharge Elimination System (EPA)
EPA’s OCS air permit and NPDES permit are all dependent on the final completion date for the NEPA action and cross-cutting law actions.
EPA’s OCS air permit and NPDES permit are all dependent on the final completion date for the NEPA action and cross-cutting law actions.
The overall shift in completion dates on the permitting timetable is due to the timing of the project sponsor’s submission of a revised incidental take authorization (ITA) under the Marine Mammal Protection Act (MMPA). BOEM uses the information in the Project Sponsor’s complete MMPA application to prepare and submit the EFH assessment and ESA biological assessment to NMFS. The NEPA process is dependent on the timing of the ESA consultation because the final environmental impact statements typically incorporate measures resulting from that consultation.
The overall shift in completion dates on the permitting timetable is due to the timing of the project sponsor’s submission of a revised incidental take authorization (ITA) under the Marine Mammal Protection Act (MMPA). BOEM uses the information in the Project Sponsor’s complete MMPA application to prepare and submit the EFH assessment and ESA biological assessment to NMFS. The NEPA process is dependent on the timing of the ESA consultation because the final environmental impact statements typically incorporate measures resulting from that consultation. EPA’s OCS air per
Milestone date for publication of the Final EIS date must allow adequate time for incorporation of the findings of the ESA consultation into the Final EIS
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