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The date for publication of the final ITA regulations was revised due to the revised EIS schedule. The final ITA regulations cannot be published until the ROD is published, so had to be revised to be after the new ROD publication date. In addition the final MMPA milestone was revised due to the required 30-day period after the final ITA regulations are published.
The Delay to the DEIS due to the sponsor not providing sufficient documents requires the COP end date to move as the ROD must be issued before the COP agency decision can be made.
The proposed rule milestone date was extended to allow for time needed for review and clearance. The final rule milestone date was extended due to the fact that BOEM's EIS schedule was revised. Due to the fact that the final rule can't be published prior to the ROD, the milestone date needed to be extended.
Agency Milestone Date of 11/01/2022 for NOAA determines ESA Consultation Package is Complete - Formal (Agency Action) has passed by 1 business days
It issue permit EPA need the published ROD. This date has been moved to accommodate the ROD Date move due to the delay of the DEIS.
To issue this authorization USACE need the BOEM ROD. The ROD Milestone was moved due to the delay of the DEIS.
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. This applicant delay also affects BOEM's EIS schedule, which is in process of being revised per dependencies with EIS milestones and milestones associated with our actions.
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.