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The applicant informed NOAA/NMFS staff that their submission of the MMPA incidental take authorization application would be delayed 10 months later than previously scheduled. Due to this delay, the entire MMPA process is delayed by 10 months. This delay also affects the ESA/EFH milestones due to dependencies between ESA and MMPA milestones, and dependencies between ESA and EFH milestones.
The applicant had initially requested an extended 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. The applicant has now requested that the NOI instead come later. In order to conform to the NOI checklist, the NOI would come on approximately January 12, 2024. USACE milestones were adjusted accordingly.
NOAA milestones were revised to be in accordance with the notional timetable for offshore wind projects based on BOEM's 10/6/22 revised EIS schedule. Specifically, the milestone for publishing the proposed ITA was set to be after the new date for the NOA for the DEIS, and the remainder of the MMPA milestones were adjusted accordingly.
NOAA milestones were revised to be in accordance with the notional timetable for offshore wind projects based on BOEM's 10/6/22 revised EIS schedule. Specifically, the milestone for determining the EFH Assessment complete was set to be 60 days after the new date for the NOA for the DEIS, and the final EFH Milestone was revised accordingly.
This milestone is dependent on the EIS ROD milestone in the EIS milestones. The ROD milestone moved due to the DEIS delay. This milestone needs to be 120 days after ROD.
The delay is due to lessee not providing a complete and sufficient Section 106 Resources reports: Historic Resources Visual Effects Assessment (HRVEA), Terrestrial Archaeological Resources Assessment (TARA) and Visual Impact Assessment (VIA). Without this data BOEM cannot identify historic properties and assess the effects of the project or conduct necessary Section 106 consultation prior to publication of the draft EIS.
A complete and sufficient Historic Resources Visual Effects Assessment (HRVEA) and Terrestrial Archaeological Resources Assessment (TARA) and Visual Impact Assessment (VIA) have not been provided by the lessee. Without this data BOEM cannot identify historic properties and assess the effects of the project or conduct necessary Section 106 consultation prior to publication of the draft EIS. The delay to the DEIS delays the FEIS and ROD.
Agency Milestone Date of 09/30/2022 for FWS determines ESA Consultation Package is Complete - Formal (Agency Action) has passed by 1 business days
Shifting to align with MMPA permitting schedule, initial MMPA permit submission.
This change is due to the LOA application being submitted late (i.e., Project Sponsor Factors).