Milestone Extension: Outer Continental Shelf (OCS) Air Permit
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.
Rejected
Milestone Extension: Section 408 Permit
To issue this authorization USACE need the BOEM ROD. The ROD Milestone was moved due to the delay of the DEIS.
Milestone Extension: Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – NOAA/NMFS)
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.
Milestone Extension: Endangered Species Act Consultation (NOAA-NMFS)
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.
Milestone Extension: Section 408 Permit
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.
Milestone Extension: Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – NOAA/NMFS)
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.
Milestone Extension: Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consulta
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.
Milestone Extension: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act
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.
Milestone Extension: Section 106 Review
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.
Milestone Extension: Environmental Impact Statement (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.