Milestone Extension: Section 408 Permit
The Section 408 milestones are dependent on BOEM’s EIS action milestones. A shift of BOEM’s EIS action milestones by 417 days results in a commensurate shift to the Section 408 action milestones.
Rejected
Milestone Extension: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act
The Section 10/404 milestones are dependent on BOEM’s EIS action milestones. A shift of BOEM’s EIS action milestones by 417 days results in a commensurate shift to the Section 10/404 action milestones. Therefore, an extension of the Section 10/404 milestones is requested based upon the extension of BOEM’s COP and EIS milestones.
Milestone Extension: Endangered Species Act Consultation (DOI-FWS)
The ESA milestones are dependent on BOEM’s EIS action milestones. A shift of BOEM’s EIS action milestones by 417 days results in a commensurate shift to the ESA action milestones. Therefore, an extension of the ESA milestones is requested based upon the extension of BOEM’s COP and EIS milestones.
Milestone Extension: Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – NOAA/NMFS)
The MMPA milestones are dependent on BOEM’s EIS action milestones. A shift of BOEM’s EIS action milestones by 417 days results in a commensurate shift to the MMPA action milestones. Therefore, an extension of the MMPA milestones is requested based upon the extension of BOEM’s COP and EIS milestones.
Milestone Extension: Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consulta
The EFH milestones are dependent on BOEM’s EIS action milestones. A shift of BOEM’s EIS action milestones by 417 days results in a commensurate shift to the EFH action milestones. Therefore, an extension of the EFH milestones is requested based upon the extension of BOEM’s COP and EIS milestones.
Milestone Extension: Endangered Species Act Consultation (NOAA-NMFS)
The ESA milestones are dependent on BOEM’s EIS action milestones. A shift of BOEM’s EIS action milestones by 417 days results in a commensurate shift to the ESA action milestones. Therefore, an extension of the ESA milestones is requested based upon the extension of BOEM’s COP and EIS milestones.
Milestone Extension: Section 106 Review
While BOEM's obligations under National Historic Preservation Act (NHPA) and NEPA are independent, regulations implementing section 106 of NHPA at 36 CFR 800.8(c) allow the NEPA process and documentation to substitute for various aspects of the NHPA review. BOEM is using the NEPA process to fulfill its obligations under the NHPA. As such, the Section 106 consultation action milestones are interrelated with the EIS action milestones and affected commensurately by delays.
Milestone Extension: Environmental Impact Statement (EIS)
A shift in the EIS schedule is necessary due to a delay in completion of construction and operations plan (COP) milestone(s) as further detailed below under the relevant action. The EIS action milestones are dependent on COP Milestone Applicant submits an Application Consistent with the NOI Checklist because this milestone must be completed before initiation of the NEPA process through issuance of a Notice of Intent (NOI) to prepare an EIS.
Milestone Extension: Construction and Operations Plan
BOEM anticipated receipt of Marine Site Investigation Report (MSIR) hard drives and the Marine Archeology Resource Assessment (MARA) for the Lewes Route as part of the updated application anticipated to be submitted by the project sponsor on October 27, 2025.
FAST-41 Missed Date:Section 106 Review: Consultation initiated with SHPO/THPO (Agency Action)
Triggered missed date from extending Consultation initiated with SHPO/THPO (Agency Action) within 30 days of its current target date which was 01/27/2026 and extended to 07/27/2027