Notice of Intent To Prepare an Environmental Impact Statement for Ocean Wind, LLC's Proposed Wind Energy Facility Offshore New Jersey, 16630-16633 [2021-06520]
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
requests the ITP to take the federally
listed sand skink (Neoseps reynoldsi)
incidental to the construction of a multifamily housing development (Serenoa
Village 4) (project) in Lake County,
Florida. We request public comment on
the application, which includes the
applicant’s proposed habitat
conservation plan (HCP), and on the
Service’s preliminary determination that
this HCP qualifies as ‘‘low-effect,’’
categorically excluded, under the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4231 et seq.). To make
this determination, we used our
environmental action statement and
low-effect screening form, both of which
are also available for public review.
Project
The applicant requests a 5-year ITP to
take sand skinks through the conversion
of approximately 1 acre (ac) of occupied
sand skink foraging and sheltering
habitat incidental to the construction of
a multi-family housing development
located on a 20-ac parcel in Section 24,
Township 24 South, Range 26 East, Lake
County, Florida, identified by Parcel ID
number 24–24–26–0001–000–01800.
The applicant proposes to mitigate for
take of the sand skinks by the purchase
of 2 credits from Lake Wales Ridge
Conservation Bank or another Serviceapproved Conservation Bank. The
Service would require the applicant to
purchase the credits prior to engaging in
activities associated with the project on
the parcel.
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Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, be aware that your entire
comment, including your personal
identifying information, may be made
available to the public. While you may
request that we withhold your personal
identifying information, we cannot
guarantee that we will be able to do so.
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
project, including land clearing,
infrastructure building, landscaping,
and the proposed mitigation measures,
would individually and cumulatively
have a minor or negligible effect on sand
skinks and the environment. Therefore,
we have preliminarily concluded that
the ITP for this project would qualify for
categorical exclusion and that the HCP
is low effect under our NEPA
regulations at 43 CFR 46.205 and
46.210. A low-effect HCP is one that
would result in (1) minor or negligible
effects on federally listed, proposed, and
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candidate species and their habitats; (2)
minor or negligible effects on other
environmental values or resources; and
(3) impacts that, when considered
together with the impacts of other past,
present, and reasonably foreseeable
similarly situated projects, would not
over time result in significant
cumulative effects to environmental
values or resources.
Next Steps
The Service will evaluate the
application and the comments received
to determine whether to issue the
requested permit. We will also conduct
an intra-Service consultation pursuant
to section 7 of the ESA to evaluate the
effects of the proposed take. After
considering the above findings, we will
determine whether the permit issuance
criteria of section 10(a)(1)(B) of the ESA
have been met. If met, the Service will
issue ITP number PER0002632 to VK
Avalon Groves LLC.
Authority
The Service provides this notice
under section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its
implementing regulations (50 CFR
17.32) and NEPA (42 U.S.C. 4321 et
seq.) and its implementing regulations
(40 CFR 1506.6 and 43 CFR 46.305).
Jay Herrington,
Field Supervisor, Jacksonville Field Office.
[FR Doc. 2021–06456 Filed 3–29–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2021–0024]
Notice of Intent To Prepare an
Environmental Impact Statement for
Ocean Wind, LLC’s Proposed Wind
Energy Facility Offshore New Jersey
Bureau of Ocean Energy
Management, Interior.
ACTION: Notice of intent to prepare an
Environmental Impact Statement.
AGENCY:
Consistent with the
regulations implementing the National
Environmental Policy Act (NEPA), the
Bureau of Ocean Energy Management
(BOEM) announces its intent to prepare
an Environmental Impact Statement
(EIS) for the review of a construction
and operations plan (COP) submitted by
Ocean Wind, LLC, (Ocean Wind). The
COP proposes the construction and
operation of a wind energy facility
offshore New Jersey with export cables
connecting to the onshore electric grid
in Ocean and Cape May Counties, New
SUMMARY:
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Jersey. This notice of intent (NOI)
announces the EIS scoping process for
the Ocean Wind COP. Additionally, this
NOI seeks public comment and input
under section 106 of the National
Historic Preservation Act (NHPA) (16
U.S.C. 470f) and its implementing
regulations (36 CFR part 800). Detailed
information about the proposed wind
energy facility, including the COP, can
be found on BOEM’s website at: https://
www.boem.gov/Ocean-Wind/.
DATES: Comments should be submitted
no later than April 29, 2021.
BOEM will hold virtual public
scoping meetings for the Ocean Wind
EIS at the following dates and times
(Eastern):
• Tuesday, April 13, 2021; 1:00 p.m.;
• Thursday, April 15, 2021; 5:30 p.m.;
and
• Tuesday, April 20, 2021; 5:30 p.m.
ADDRESSES: Comments can be submitted
in any of the following ways:
• In written form, delivered by hand
or by mail, enclosed in an envelope
labeled, ‘‘Ocean Wind COP EIS’’ and
addressed to Program Manager, Office of
Renewable Energy, Bureau of Ocean
Energy Management, 45600 Woodland
Road, Sterling, Virginia 20166; or
• Through the regulations.gov web
portal: Navigate to https://
www.regulations.gov and search for
Docket No. BOEM–2021–0024. Click on
the ‘‘Comment Now!’’ button to the right
of the document link. Enter your
information and comment, then click
‘‘Submit.’’
FOR FURTHER INFORMATION CONTACT:
Michelle Morin, BOEM Office of
Renewable Energy Programs, 45600
Woodland Road, Sterling, Virginia
20166, (703) 787–1340 or
michelle.morin@boem.gov.
SUPPLEMENTARY INFORMATION:
Purpose and Need for the Proposed
Action
In Executive Order 14008 President
Biden stated that it is the policy of the
United States ‘‘to organize and deploy
the full capacity of its agencies to
combat the climate crisis to implement
a Government-wide approach that
reduces climate pollution in every
sector of the economy; increases
resilience to the impacts of climate
change; protects public health;
conserves our lands, waters, and
biodiversity; delivers environmental
justice; and spurs well-paying union
jobs and economic growth, especially
through innovation, commercialization,
and deployment of clean energy
technologies and infrastructure.’’
Through a competitive leasing process
under 30 CFR 585.211, Ocean Wind was
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awarded Commercial Lease OCS–A
0498 (the Lease Area) offshore New
Jersey. Ocean Wind has the exclusive
right to submit a COP for activities
within the Lease Area, and it has
submitted a COP to BOEM proposing
the construction and installation,
operations and maintenance, and
conceptual decommissioning of an
offshore wind energy facility in the
Lease Area (the Project).
The goal of Ocean Wind is to develop
a commercial-scale, offshore wind
energy facility in the Lease Area with up
to 98 wind turbine generators, interarray cables, up to three offshore
substations, two onshore substations,
and two transmission cables making
landfall in Ocean County, NJ, and Cape
May County, NJ. The Project would
contribute to New Jersey’s goal of 7.5
gigawatts (GW) of offshore wind energy
generation by 2035 as outlined in New
Jersey Governor’s Executive Order No.
92, issued on November 19, 2019.
Furthermore, Ocean Wind’s goal to
construct and operate a commercialscale offshore wind energy facility in
the Lease Area is intended to fulfill the
New Jersey’s Board of Public Utilities
(BPU) September 20, 2018, solicitation
for 1,100 megawatts (MW) of offshore
wind that was awarded to Ocean Wind,
via the New Jersey BPU on June 21,
2019 (BPU Docket No. QO18121289).
Based on the goals of the applicant
and BOEM’s authority, the purpose of
BOEM’s action is to respond to Ocean
Wind’s COP proposal and determine
whether to approve, approve with
modifications, or disapprove Ocean
Wind’s COP to construct and install,
operate and maintain, and
decommission a commercial-scale
offshore wind energy facility within the
Lease Area (the Proposed Action).
BOEM’s action is needed to further the
United States policy to make Outer
Continental Shelf energy resources
available for expeditious and orderly
development, subject to environmental
safeguards (43 U.S.C. 1332(3)),
including consideration of natural
resources, safety of navigation, and
existing ocean uses.
In addition, the National Oceanic and
Atmospheric Administration (NOAA)
National Marine Fisheries Service
(NMFS) anticipates receipt of one or
more requests for authorization to take
marine mammals incidental to activities
related to the Project pursuant to the
Marine Mammal Protection Act
(MMPA). NMFS’s issuance of an MMPA
incidental take authorization is a major
Federal action and, in relation to
BOEM’s action, is considered a
connected action (40 CFR 1501.9(e)(1)).
The purpose of the NMFS action—
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which is a direct outcome of Ocean
Wind’s request for authorization to take
marine mammals incidental to the
Project (specifically pile driving)—is to
evaluate the information in Ocean
Wind’s application pursuant to the
MMPA and 50 CFR part 216 and to
issue the requested incidental take
authorizations, if appropriate. The need
for the NMFS action is to consider the
impacts of authorizing the requested
take on marine mammals and their
habitat. NMFS responsibilities under
the MMPA (16 U.S.C. 1371(a)(5)(D)) and
its implementing regulations establish
and frame the need for NMFS action.
NMFS intends to adopt this EIS to
support its decision on any requested
MMPA incidental take authorizations.
Preliminary Proposed Action and
Alternatives
The Proposed Action is the
construction and operation of a wind
energy facility as described in the COP
submitted by Ocean Wind on Lease
Area OCS–A 0498. In its COP, Ocean
Wind is proposing the construction and
operation of up to 98 wind turbine
generators, up to three offshore
substations, inter-array cables linking
the individual turbines to the offshore
substations, substation interconnector
cables linking the substations to each
other, and two offshore export cables
that connect to onshore export cable
systems and two onshore substations,
providing connection to the existing
electrical grid in New Jersey.
Foundations of wind turbine generators
would be monopiles. The wind turbine
generators, offshore substations, array
cables, and substation interconnector
cables would be located on the Outer
Continental Shelf (OCS) approximately
13 nautical miles (15 statute miles)
southeast of Atlantic City. The offshore
export cables would be buried below the
seabed of both the OCS and New Jersey
State waters. The onshore export cables,
substations, and grid connections would
be located in Ocean and Cape May
Counties, New Jersey.
If any other reasonable alternatives
are identified during the scoping period,
BOEM will evaluate those alternatives
in the draft EIS, which will also include
a no action alternative. Under the no
action alternative, BOEM would
disapprove the COP, and Ocean Wind’s
wind energy facility described in the
COP would not be built in the Lease
Area.
Once BOEM completes the EIS and
associated consultations, BOEM will
decide whether to approve, approve
with modification, or disapprove the
Ocean Wind COP. If BOEM approves
the COP and the Project is constructed,
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the lessee must submit a plan to
decommission the facilities before the
end of the lease term.
Summary of Expected Impacts
The draft EIS will identify and
describe the effects of the Proposed
Action on the human environment that
are reasonably foreseeable and have a
reasonably close causal relationship to
the Proposed Action. This includes such
effects that occur at the same time and
place as the Proposed Action or
alternatives and such effects that are
later in time or not at the same place.
Expected impacts include, but are not
limited to, impacts (both beneficial and
adverse) to air quality, water quality,
bats, benthic habitat, essential fish
habitat, invertebrates, finfish, birds,
marine mammals, terrestrial and coastal
habitats and fauna, sea turtles, wetlands
and other waters of the United States,
commercial fisheries and for-hire
recreational fishing, cultural resources,
demographics, employment, economics,
environmental justice, land use and
coastal infrastructure, navigation and
vessel traffic, other marine uses,
recreation and tourism, and visual
resources. The effects of these expected
impacts will be analyzed in the draft
and final EIS.
Based on a preliminary evaluation of
these resources, BOEM expects impacts
to sea turtles and marine mammals from
underwater noise caused by
construction as well as collision risks
from vessel traffic. Structures installed
by the Project could permanently
change benthic habitat and other fish
habitat. Commercial fisheries and forhire recreational fishing may be
impacted. Infrastructure above the water
may affect the visual character that
defines historic properties as well as
contributes to recreation and tourism.
Project structures also would pose an
allision and height hazard to vessels
passing close by, and vessels would in
turn pose a hazard to the structures.
Additionally, the Project may adversely
impact any future mineral extraction,
military use, air traffic, land-based radar
services, cables and pipelines, and
scientific surveys. Beneficial impacts
are also expected by facilitating
achievement of state renewable energy
goals, increased job opportunities,
improving air quality, and reduced
carbon emissions. The EIS will analyze
measures that would avoid, minimize,
or mitigate environmental effects.
The draft EIS is being prepared in
compliance with the recently revised
Council on Environmental Quality
(CEQ) NEPA regulations (40 CFR parts
1500–1508) and DOI’s existing
regulations (43 CFR part 46). The
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revised CEQ NEPA regulations
eliminate any explicit requirement to
analyze cumulative impacts; however,
the description of the affected
environment in the EIS will include
reasonably foreseeable environmental
trends and planned actions other than
the Project.
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Anticipated Permits and Authorizations
In addition to the requested COP
approval, various other Federal, State,
and local authorizations will be
required for the Ocean Wind Project.
These include authorizations under the
Endangered Species Act,
Magnuson-Stevens Fishery
Conservation and Management Act,
Marine Mammal Protection Act, Rivers
and Harbors Act, Clean Water Act,
Coastal Zone Management Act, and
other laws and regulations determined
to be applicable to the Project. BOEM
will also conduct government-togovernment tribal consultations. For a
full listing of regulatory requirements
applicable to the Ocean Wind Project,
please see the COP, volume I available
at https://www.boem.gov/Ocean-Wind/.
BOEM has chosen to utilize the NEPA
substitution process to fulfill its
obligations under NHPA. While BOEM’s
obligations under NHPA and NEPA are
independent, the regulations
implementing NHPA allow for the use
of NEPA review to substitute for various
aspects of NHPA’s section 106 (16
U.S.C. 470f) review to improve
efficiency, promote transparency and
accountability, and support a broadened
discussion of potential effects that a
project may have on the human
environment. As provided in 36 CFR
800.8(c), the NEPA process and
documentation required for the
preparation of an EIS and record of
decision (ROD) can be used to fulfill a
lead Federal agency’s NHPA section 106
review obligations in lieu of the
procedures set forth in 36 CFR 800.3
through 800.6. During preparation of the
EIS, BOEM will ensure that the NEPA
substitution process will meet its NHPA
obligations in a manner that
successfully utilizes this alternative
process.
Schedule for the Decision-Making
Process
After the draft EIS is completed,
BOEM will publish a notice of
availability (NOA) and request public
comments on the draft EIS. BOEM
expects to issue the NOA in May 2022.
After the public comment period ends,
BOEM will review and respond to
comments received and will develop the
final EIS. BOEM expects to make the
final EIS available to the public in
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February 2023. A ROD will be
completed no sooner than 30 days after
the final EIS is released, in accordance
with 40 CFR 1506.11.
Scoping Process: This NOI
commences the public scoping process
for identifying issues and potential
alternatives for consideration in the
Ocean Wind EIS. Throughout the
scoping process, Federal agencies; State,
tribal, and local governments; and the
general public have the opportunity to
help BOEM determine significant
resources and issues, impact-producing
factors, reasonable alternatives (e.g.,
size, geographic, seasonal, or other
restrictions on construction and siting of
facilities and activities), and potential
mitigation measures to be analyzed in
the EIS as well as provide additional
information. In the interests of
efficiency, completeness, and
facilitating public involvement, BOEM
will use the NEPA process to fulfill
NHPA’s public involvement
requirements established in 36 CFR
800.2(d). BOEM will involve the public,
local governments, Indian tribes, and
Ocean Wind and will identify other
consulting parties, including
consideration of all written requests by
individuals and organizations to
participate as consulting parties. BOEM
will hold virtual public scoping
meetings for the Ocean Wind EIS at the
following dates and times (Eastern):
• Tuesday, April 13, 2021; 1:00 p.m.;
• Thursday, April 15, 2021; 5:30 p.m.;
and
• Tuesday, April 20, 2021; 5:30 p.m.
Registration for the virtual public
meetings may be completed here:
https://www.boem.gov/Ocean-WindScoping-Virtual-Meetings or by calling
(703) 787–1346.
NEPA Cooperating Agencies: BOEM
invites other Federal agencies and State,
tribal, and local governments to
consider becoming cooperating agencies
in the preparation of this EIS. CEQ
NEPA regulations specify that qualified
agencies and governments are those
with ‘‘jurisdiction by law or special
expertise.’’ Potential cooperating
agencies should consider their authority
and capacity to assume the
responsibilities of a cooperating agency
and should be aware that an agency’s
role in the environmental analysis
neither enlarges nor diminishes the final
decision-making authority of any other
agency involved in the NEPA process.
Upon request, BOEM will provide
potential cooperating agencies with a
written summary of expectations for
cooperating agencies, including time
schedules, milestones, responsibilities,
scope and detail of cooperating
agencies’ contributions, and availability
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of pre-decisional information. BOEM
anticipates this summary will form the
basis for a memorandum of agreement
between BOEM and any non-Interior
Department cooperating agency.
Agencies also should consider the
factors for determining cooperating
agency status in CEQ’s memorandum
entitled ‘‘Cooperating Agencies in
Implementing the Procedural
Requirements of the National
Environmental Policy Act’’ of January
30, 2002. This document is available on
the internet at: https://energy.gov/sites/
prod/files/nepapub/nepa_documents//
G-CEQ-CoopAgenciesImplem.pdf.
BOEM, as the lead agency, will not
provide financial assistance to
cooperating agencies. Even if a
governmental entity is not a cooperating
agency, it will have opportunities to
provide information and comments to
BOEM during the public input stages of
the NEPA process.
NHPA Consulting Parties: Certain
individuals and organizations with a
demonstrated interest in the Project may
request to participate as NHPA
consulting parties under 36 CFR
800.2(c)(5)) based on their legal or
economic stake in historic properties
affected by the Project. Additionally, the
same provision allows those with
concerns about the Project’s effect on
historic properties to request to be
consulting parties. Before issuing this
NOI, BOEM compiled a list of potential
consulting parties and, in writing,
invited these potential participants to
become consulting parties. In order to
become a consulting party, those invited
must respond in writing, preferably by
the requested response date. Interested
individuals or organizations that did not
receive an invitation may request to be
consulting parties by writing to the
appropriate staff at ICF, which is
supporting BOEM in its administration
of this review. ICF’s contact for this
Project is January Tavel at
OceanWindSection106@icf.com or (415)
677–7107. BOEM will determine which
interested parties should be consulting
parties.
Comments: Federal agencies; tribal,
State, and local governments; and other
interested parties are requested to
comment on the scope of this EIS,
significant issues that should be
addressed, and alternatives that should
be considered. For information on how
to submit comments, see the ADDRESSES
section above.
BOEM does not consider anonymous
comments. Please include your name
and address as part of your comment.
BOEM makes all comments, including
the names, addresses, and other
personally identifiable information
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included in the comment, available for
public review online and during regular
business hours. Individuals may request
that BOEM withhold their names or
addresses from the public record;
however, BOEM cannot guarantee that it
will be able to do so. In order for BOEM
to withhold from disclosure your
personally identifiable information, you
must identify any information contained
in your comments that, if released,
would constitute a clearly unwarranted
invasion of your privacy. You also must
briefly describe any possible harmful
consequences of the disclosure of
information, such as embarrassment,
injury, or other harm. All submissions
from organizations or businesses and
from individuals identifying themselves
as representatives or officials of
organizations or businesses will be
made available for public inspection in
their entirety.
Request for Identification of Potential
Alternatives, Information, and
Analyses Relevant to the Proposed
Action
BOEM requests data, comments,
views, information, analysis,
alternatives, or suggestions from the
public; affected Federal, State, tribal,
and local governments, agencies, and
offices; the scientific community;
industry; or any other interested party
on the Proposed Action. Specifically:
1. Potential effects that the Proposed
Action could have on biological
resources, including bats, birds, coastal
fauna, finfish, invertebrates, essential
fish habitat, marine mammals, and sea
turtles.
2. Potential effects that the Proposed
Action could have on physical resources
including air quality, water quality, and
wetlands and other waters of the United
States.
3. Potential effects that the Proposed
Action could have on socioeconomic
and cultural resources, including
commercial fisheries and for-hire
recreational fishing, demographics,
employment, economics, environmental
justice, land use and coastal
infrastructure, navigation and vessel
traffic, other uses (marine minerals,
military use, aviation), recreation and
tourism, and scenic and visual
resources.
4. Other possible reasonable
alternatives to the Proposed Action that
BOEM should consider, including
additional or alternative avoidance,
minimization, and mitigation measures.
5. As part of its compliance with
NHPA section 106 and its implementing
regulations (36 CFR part 800), BOEM
seeks public comment and input
regarding the identification of historic
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properties or potential effects to historic
properties from the activities proposed
under the COP. BOEM requests
feedback from the public and consulting
parties on the aforementioned
information and any information that
supports identification of historic
properties under the NHPA. BOEM also
solicits proposed measures to avoid,
minimize, or mitigate any adverse
effects on historic properties. BOEM
will, consistent with confidentiality
requirements, present available
information regarding known historic
properties during the public scoping
period and current summary
information regarding historic
properties identified will be available at
https://www.boem.gov/Ocean-Wind/.
BOEM’s effects analysis for historic
properties will be available for public
and consulting party comment in the
draft EIS.
6. Information on other current or
planned activities in, or in the vicinity
of, the Proposed Action and their
possible impacts on the Project or the
Project’s impacts on those activities.
7. Other information relevant to the
Proposed Action and its impacts on the
human environment.
To promote informed decision
making, comments should be as specific
as possible and should provide as much
detail as necessary to meaningfully
participate and fully inform BOEM of
the commenter’s position. Comments
should explain why the issues raised are
important to the consideration of
potential environmental impacts and
alternatives to the Proposed Action as
well as economic, employment, and
other impacts affecting the quality of the
human environment.
The draft EIS will include a summary
that identifies all alternatives,
information, and analyses submitted by
State, tribal, and local governments and
other public commenters during the
scoping process for consideration by
BOEM and the cooperating agencies.
Authority: This NOI is published pursuant
to NEPA, 42 U.S.C. 4321 et seq., and 40 CFR
1501.9.
William Yancey Brown,
Chief Environmental Officer, Bureau of Ocean
Energy Management.
[FR Doc. 2021–06520 Filed 3–29–21; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR83550000, 212R5065C6,
RX.59389832.1009676]
Quarterly Status Report of Water
Service, Repayment, and Other WaterRelated Contract Actions
Bureau of Reclamation,
Interior.
ACTION: Notice of contract actions.
AGENCY:
Notice is hereby given of
contractual actions that have been
proposed to the Bureau of Reclamation
(Reclamation) and are new,
discontinued, or completed since the
last publication of this notice. This
notice is one of a variety of means used
to inform the public about proposed
contractual actions for capital recovery
and management of project resources
and facilities consistent with the
Reclamation Project Act of 1939.
Additional announcements of
individual contract actions may be
published in the Federal Register and in
newspapers of general circulation in the
areas determined by Reclamation to be
affected by the proposed action.
ADDRESSES: The identity of the
approving officer and other information
pertaining to a specific contract
proposal may be obtained by calling or
writing the appropriate regional office at
the address and telephone number given
for each region in the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Michelle Kelly, Reclamation Law
Administration Division, Bureau of
Reclamation, P.O. Box 25007, Denver,
Colorado 80225–0007; mkelly@usbr.gov;
telephone 303–445–2888.
SUPPLEMENTARY INFORMATION: Consistent
with section 9(f) of the Reclamation
Project Act of 1939, and the rules and
regulations published in 52 FR 11954,
April 13, 1987 (43 CFR 426.22),
Reclamation will publish notice of
proposed or amendatory contract
actions for any contract for the delivery
of project water for authorized uses in
newspapers of general circulation in the
affected area at least 60 days prior to
contract execution. Announcements
may be in the form of news releases,
legal notices, official letters,
memorandums, or other forms of
written material. Meetings, workshops,
and/or hearings may also be used, as
appropriate, to provide local publicity.
The public participation procedures do
not apply to proposed contracts for the
sale of surplus or interim irrigation
water for a term of 1 year or less. Either
SUMMARY:
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[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16630-16633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06520]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2021-0024]
Notice of Intent To Prepare an Environmental Impact Statement for
Ocean Wind, LLC's Proposed Wind Energy Facility Offshore New Jersey
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
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SUMMARY: Consistent with the regulations implementing the National
Environmental Policy Act (NEPA), the Bureau of Ocean Energy Management
(BOEM) announces its intent to prepare an Environmental Impact
Statement (EIS) for the review of a construction and operations plan
(COP) submitted by Ocean Wind, LLC, (Ocean Wind). The COP proposes the
construction and operation of a wind energy facility offshore New
Jersey with export cables connecting to the onshore electric grid in
Ocean and Cape May Counties, New Jersey. This notice of intent (NOI)
announces the EIS scoping process for the Ocean Wind COP. Additionally,
this NOI seeks public comment and input under section 106 of the
National Historic Preservation Act (NHPA) (16 U.S.C. 470f) and its
implementing regulations (36 CFR part 800). Detailed information about
the proposed wind energy facility, including the COP, can be found on
BOEM's website at: https://www.boem.gov/Ocean-Wind/.
DATES: Comments should be submitted no later than April 29, 2021.
BOEM will hold virtual public scoping meetings for the Ocean Wind
EIS at the following dates and times (Eastern):
Tuesday, April 13, 2021; 1:00 p.m.;
Thursday, April 15, 2021; 5:30 p.m.; and
Tuesday, April 20, 2021; 5:30 p.m.
ADDRESSES: Comments can be submitted in any of the following ways:
In written form, delivered by hand or by mail, enclosed in
an envelope labeled, ``Ocean Wind COP EIS'' and addressed to Program
Manager, Office of Renewable Energy, Bureau of Ocean Energy Management,
45600 Woodland Road, Sterling, Virginia 20166; or
Through the regulations.gov web portal: Navigate to https://www.regulations.gov and search for Docket No. BOEM-2021-0024. Click on
the ``Comment Now!'' button to the right of the document link. Enter
your information and comment, then click ``Submit.''
FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEM Office of
Renewable Energy Programs, 45600 Woodland Road, Sterling, Virginia
20166, (703) 787-1340 or [email protected].
SUPPLEMENTARY INFORMATION:
Purpose and Need for the Proposed Action
In Executive Order 14008 President Biden stated that it is the
policy of the United States ``to organize and deploy the full capacity
of its agencies to combat the climate crisis to implement a Government-
wide approach that reduces climate pollution in every sector of the
economy; increases resilience to the impacts of climate change;
protects public health; conserves our lands, waters, and biodiversity;
delivers environmental justice; and spurs well-paying union jobs and
economic growth, especially through innovation, commercialization, and
deployment of clean energy technologies and infrastructure.''
Through a competitive leasing process under 30 CFR 585.211, Ocean
Wind was
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awarded Commercial Lease OCS-A 0498 (the Lease Area) offshore New
Jersey. Ocean Wind has the exclusive right to submit a COP for
activities within the Lease Area, and it has submitted a COP to BOEM
proposing the construction and installation, operations and
maintenance, and conceptual decommissioning of an offshore wind energy
facility in the Lease Area (the Project).
The goal of Ocean Wind is to develop a commercial-scale, offshore
wind energy facility in the Lease Area with up to 98 wind turbine
generators, inter-array cables, up to three offshore substations, two
onshore substations, and two transmission cables making landfall in
Ocean County, NJ, and Cape May County, NJ. The Project would contribute
to New Jersey's goal of 7.5 gigawatts (GW) of offshore wind energy
generation by 2035 as outlined in New Jersey Governor's Executive Order
No. 92, issued on November 19, 2019. Furthermore, Ocean Wind's goal to
construct and operate a commercial-scale offshore wind energy facility
in the Lease Area is intended to fulfill the New Jersey's Board of
Public Utilities (BPU) September 20, 2018, solicitation for 1,100
megawatts (MW) of offshore wind that was awarded to Ocean Wind, via the
New Jersey BPU on June 21, 2019 (BPU Docket No. QO18121289).
Based on the goals of the applicant and BOEM's authority, the
purpose of BOEM's action is to respond to Ocean Wind's COP proposal and
determine whether to approve, approve with modifications, or disapprove
Ocean Wind's COP to construct and install, operate and maintain, and
decommission a commercial-scale offshore wind energy facility within
the Lease Area (the Proposed Action). BOEM's action is needed to
further the United States policy to make Outer Continental Shelf energy
resources available for expeditious and orderly development, subject to
environmental safeguards (43 U.S.C. 1332(3)), including consideration
of natural resources, safety of navigation, and existing ocean uses.
In addition, the National Oceanic and Atmospheric Administration
(NOAA) National Marine Fisheries Service (NMFS) anticipates receipt of
one or more requests for authorization to take marine mammals
incidental to activities related to the Project pursuant to the Marine
Mammal Protection Act (MMPA). NMFS's issuance of an MMPA incidental
take authorization is a major Federal action and, in relation to BOEM's
action, is considered a connected action (40 CFR 1501.9(e)(1)). The
purpose of the NMFS action--which is a direct outcome of Ocean Wind's
request for authorization to take marine mammals incidental to the
Project (specifically pile driving)--is to evaluate the information in
Ocean Wind's application pursuant to the MMPA and 50 CFR part 216 and
to issue the requested incidental take authorizations, if appropriate.
The need for the NMFS action is to consider the impacts of authorizing
the requested take on marine mammals and their habitat. NMFS
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its
implementing regulations establish and frame the need for NMFS action.
NMFS intends to adopt this EIS to support its decision on any requested
MMPA incidental take authorizations.
Preliminary Proposed Action and Alternatives
The Proposed Action is the construction and operation of a wind
energy facility as described in the COP submitted by Ocean Wind on
Lease Area OCS-A 0498. In its COP, Ocean Wind is proposing the
construction and operation of up to 98 wind turbine generators, up to
three offshore substations, inter-array cables linking the individual
turbines to the offshore substations, substation interconnector cables
linking the substations to each other, and two offshore export cables
that connect to onshore export cable systems and two onshore
substations, providing connection to the existing electrical grid in
New Jersey. Foundations of wind turbine generators would be monopiles.
The wind turbine generators, offshore substations, array cables, and
substation interconnector cables would be located on the Outer
Continental Shelf (OCS) approximately 13 nautical miles (15 statute
miles) southeast of Atlantic City. The offshore export cables would be
buried below the seabed of both the OCS and New Jersey State waters.
The onshore export cables, substations, and grid connections would be
located in Ocean and Cape May Counties, New Jersey.
If any other reasonable alternatives are identified during the
scoping period, BOEM will evaluate those alternatives in the draft EIS,
which will also include a no action alternative. Under the no action
alternative, BOEM would disapprove the COP, and Ocean Wind's wind
energy facility described in the COP would not be built in the Lease
Area.
Once BOEM completes the EIS and associated consultations, BOEM will
decide whether to approve, approve with modification, or disapprove the
Ocean Wind COP. If BOEM approves the COP and the Project is
constructed, the lessee must submit a plan to decommission the
facilities before the end of the lease term.
Summary of Expected Impacts
The draft EIS will identify and describe the effects of the
Proposed Action on the human environment that are reasonably
foreseeable and have a reasonably close causal relationship to the
Proposed Action. This includes such effects that occur at the same time
and place as the Proposed Action or alternatives and such effects that
are later in time or not at the same place. Expected impacts include,
but are not limited to, impacts (both beneficial and adverse) to air
quality, water quality, bats, benthic habitat, essential fish habitat,
invertebrates, finfish, birds, marine mammals, terrestrial and coastal
habitats and fauna, sea turtles, wetlands and other waters of the
United States, commercial fisheries and for-hire recreational fishing,
cultural resources, demographics, employment, economics, environmental
justice, land use and coastal infrastructure, navigation and vessel
traffic, other marine uses, recreation and tourism, and visual
resources. The effects of these expected impacts will be analyzed in
the draft and final EIS.
Based on a preliminary evaluation of these resources, BOEM expects
impacts to sea turtles and marine mammals from underwater noise caused
by construction as well as collision risks from vessel traffic.
Structures installed by the Project could permanently change benthic
habitat and other fish habitat. Commercial fisheries and for-hire
recreational fishing may be impacted. Infrastructure above the water
may affect the visual character that defines historic properties as
well as contributes to recreation and tourism. Project structures also
would pose an allision and height hazard to vessels passing close by,
and vessels would in turn pose a hazard to the structures.
Additionally, the Project may adversely impact any future mineral
extraction, military use, air traffic, land-based radar services,
cables and pipelines, and scientific surveys. Beneficial impacts are
also expected by facilitating achievement of state renewable energy
goals, increased job opportunities, improving air quality, and reduced
carbon emissions. The EIS will analyze measures that would avoid,
minimize, or mitigate environmental effects.
The draft EIS is being prepared in compliance with the recently
revised Council on Environmental Quality (CEQ) NEPA regulations (40 CFR
parts 1500-1508) and DOI's existing regulations (43 CFR part 46). The
[[Page 16632]]
revised CEQ NEPA regulations eliminate any explicit requirement to
analyze cumulative impacts; however, the description of the affected
environment in the EIS will include reasonably foreseeable
environmental trends and planned actions other than the Project.
Anticipated Permits and Authorizations
In addition to the requested COP approval, various other Federal,
State, and local authorizations will be required for the Ocean Wind
Project. These include authorizations under the Endangered Species Act,
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, Marine
Mammal Protection Act, Rivers and Harbors Act, Clean Water Act, Coastal
Zone Management Act, and other laws and regulations determined to be
applicable to the Project. BOEM will also conduct government-to-
government tribal consultations. For a full listing of regulatory
requirements applicable to the Ocean Wind Project, please see the COP,
volume I available at https://www.boem.gov/Ocean-Wind/.
BOEM has chosen to utilize the NEPA substitution process to fulfill
its obligations under NHPA. While BOEM's obligations under NHPA and
NEPA are independent, the regulations implementing NHPA allow for the
use of NEPA review to substitute for various aspects of NHPA's section
106 (16 U.S.C. 470f) review to improve efficiency, promote transparency
and accountability, and support a broadened discussion of potential
effects that a project may have on the human environment. As provided
in 36 CFR 800.8(c), the NEPA process and documentation required for the
preparation of an EIS and record of decision (ROD) can be used to
fulfill a lead Federal agency's NHPA section 106 review obligations in
lieu of the procedures set forth in 36 CFR 800.3 through 800.6. During
preparation of the EIS, BOEM will ensure that the NEPA substitution
process will meet its NHPA obligations in a manner that successfully
utilizes this alternative process.
Schedule for the Decision-Making Process
After the draft EIS is completed, BOEM will publish a notice of
availability (NOA) and request public comments on the draft EIS. BOEM
expects to issue the NOA in May 2022. After the public comment period
ends, BOEM will review and respond to comments received and will
develop the final EIS. BOEM expects to make the final EIS available to
the public in February 2023. A ROD will be completed no sooner than 30
days after the final EIS is released, in accordance with 40 CFR
1506.11.
Scoping Process: This NOI commences the public scoping process for
identifying issues and potential alternatives for consideration in the
Ocean Wind EIS. Throughout the scoping process, Federal agencies;
State, tribal, and local governments; and the general public have the
opportunity to help BOEM determine significant resources and issues,
impact-producing factors, reasonable alternatives (e.g., size,
geographic, seasonal, or other restrictions on construction and siting
of facilities and activities), and potential mitigation measures to be
analyzed in the EIS as well as provide additional information. In the
interests of efficiency, completeness, and facilitating public
involvement, BOEM will use the NEPA process to fulfill NHPA's public
involvement requirements established in 36 CFR 800.2(d). BOEM will
involve the public, local governments, Indian tribes, and Ocean Wind
and will identify other consulting parties, including consideration of
all written requests by individuals and organizations to participate as
consulting parties. BOEM will hold virtual public scoping meetings for
the Ocean Wind EIS at the following dates and times (Eastern):
Tuesday, April 13, 2021; 1:00 p.m.;
Thursday, April 15, 2021; 5:30 p.m.; and
Tuesday, April 20, 2021; 5:30 p.m.
Registration for the virtual public meetings may be completed here:
https://www.boem.gov/Ocean-Wind-Scoping-Virtual-Meetings or by calling
(703) 787-1346.
NEPA Cooperating Agencies: BOEM invites other Federal agencies and
State, tribal, and local governments to consider becoming cooperating
agencies in the preparation of this EIS. CEQ NEPA regulations specify
that qualified agencies and governments are those with ``jurisdiction
by law or special expertise.'' Potential cooperating agencies should
consider their authority and capacity to assume the responsibilities of
a cooperating agency and should be aware that an agency's role in the
environmental analysis neither enlarges nor diminishes the final
decision-making authority of any other agency involved in the NEPA
process.
Upon request, BOEM will provide potential cooperating agencies with
a written summary of expectations for cooperating agencies, including
time schedules, milestones, responsibilities, scope and detail of
cooperating agencies' contributions, and availability of pre-decisional
information. BOEM anticipates this summary will form the basis for a
memorandum of agreement between BOEM and any non-Interior Department
cooperating agency. Agencies also should consider the factors for
determining cooperating agency status in CEQ's memorandum entitled
``Cooperating Agencies in Implementing the Procedural Requirements of
the National Environmental Policy Act'' of January 30, 2002. This
document is available on the internet at: https://energy.gov/sites/prod/files/nepapub/nepa_documents//G-CEQ-CoopAgenciesImplem.pdf. BOEM, as
the lead agency, will not provide financial assistance to cooperating
agencies. Even if a governmental entity is not a cooperating agency, it
will have opportunities to provide information and comments to BOEM
during the public input stages of the NEPA process.
NHPA Consulting Parties: Certain individuals and organizations with
a demonstrated interest in the Project may request to participate as
NHPA consulting parties under 36 CFR 800.2(c)(5)) based on their legal
or economic stake in historic properties affected by the Project.
Additionally, the same provision allows those with concerns about the
Project's effect on historic properties to request to be consulting
parties. Before issuing this NOI, BOEM compiled a list of potential
consulting parties and, in writing, invited these potential
participants to become consulting parties. In order to become a
consulting party, those invited must respond in writing, preferably by
the requested response date. Interested individuals or organizations
that did not receive an invitation may request to be consulting parties
by writing to the appropriate staff at ICF, which is supporting BOEM in
its administration of this review. ICF's contact for this Project is
January Tavel at [email protected] or (415) 677-7107. BOEM
will determine which interested parties should be consulting parties.
Comments: Federal agencies; tribal, State, and local governments;
and other interested parties are requested to comment on the scope of
this EIS, significant issues that should be addressed, and alternatives
that should be considered. For information on how to submit comments,
see the ADDRESSES section above.
BOEM does not consider anonymous comments. Please include your name
and address as part of your comment. BOEM makes all comments, including
the names, addresses, and other personally identifiable information
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included in the comment, available for public review online and during
regular business hours. Individuals may request that BOEM withhold
their names or addresses from the public record; however, BOEM cannot
guarantee that it will be able to do so. In order for BOEM to withhold
from disclosure your personally identifiable information, you must
identify any information contained in your comments that, if released,
would constitute a clearly unwarranted invasion of your privacy. You
also must briefly describe any possible harmful consequences of the
disclosure of information, such as embarrassment, injury, or other
harm. All submissions from organizations or businesses and from
individuals identifying themselves as representatives or officials of
organizations or businesses will be made available for public
inspection in their entirety.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
BOEM requests data, comments, views, information, analysis,
alternatives, or suggestions from the public; affected Federal, State,
tribal, and local governments, agencies, and offices; the scientific
community; industry; or any other interested party on the Proposed
Action. Specifically:
1. Potential effects that the Proposed Action could have on
biological resources, including bats, birds, coastal fauna, finfish,
invertebrates, essential fish habitat, marine mammals, and sea turtles.
2. Potential effects that the Proposed Action could have on
physical resources including air quality, water quality, and wetlands
and other waters of the United States.
3. Potential effects that the Proposed Action could have on
socioeconomic and cultural resources, including commercial fisheries
and for-hire recreational fishing, demographics, employment, economics,
environmental justice, land use and coastal infrastructure, navigation
and vessel traffic, other uses (marine minerals, military use,
aviation), recreation and tourism, and scenic and visual resources.
4. Other possible reasonable alternatives to the Proposed Action
that BOEM should consider, including additional or alternative
avoidance, minimization, and mitigation measures.
5. As part of its compliance with NHPA section 106 and its
implementing regulations (36 CFR part 800), BOEM seeks public comment
and input regarding the identification of historic properties or
potential effects to historic properties from the activities proposed
under the COP. BOEM requests feedback from the public and consulting
parties on the aforementioned information and any information that
supports identification of historic properties under the NHPA. BOEM
also solicits proposed measures to avoid, minimize, or mitigate any
adverse effects on historic properties. BOEM will, consistent with
confidentiality requirements, present available information regarding
known historic properties during the public scoping period and current
summary information regarding historic properties identified will be
available at https://www.boem.gov/Ocean-Wind/. BOEM's effects analysis
for historic properties will be available for public and consulting
party comment in the draft EIS.
6. Information on other current or planned activities in, or in the
vicinity of, the Proposed Action and their possible impacts on the
Project or the Project's impacts on those activities.
7. Other information relevant to the Proposed Action and its
impacts on the human environment.
To promote informed decision making, comments should be as specific
as possible and should provide as much detail as necessary to
meaningfully participate and fully inform BOEM of the commenter's
position. Comments should explain why the issues raised are important
to the consideration of potential environmental impacts and
alternatives to the Proposed Action as well as economic, employment,
and other impacts affecting the quality of the human environment.
The draft EIS will include a summary that identifies all
alternatives, information, and analyses submitted by State, tribal, and
local governments and other public commenters during the scoping
process for consideration by BOEM and the cooperating agencies.
Authority: This NOI is published pursuant to NEPA, 42 U.S.C.
4321 et seq., and 40 CFR 1501.9.
William Yancey Brown,
Chief Environmental Officer, Bureau of Ocean Energy Management.
[FR Doc. 2021-06520 Filed 3-29-21; 8:45 am]
BILLING CODE 4310-MR-P
