Notice2021-14220
Notice of Intent To Prepare an Environmental Impact Statement for Proposed Wind Energy Facility Offshore Virginia
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 2, 2021
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
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 Dominion Energy, Inc. (Dominion or applicant). The COP proposes the construction and operation of a wind energy facility offshore Virginia, called the Coastal Virginia Offshore Wind Commercial Project (CVOW-C or Project), with export cables and the cable landing locations in the area of Hampton Roads, Virginia. The onshore electrical portion will connect to the Pennsylvania-New Jersey-Maryland (PJM) regional transmission grid. This notice of intent (NOI) announces the EIS scoping process for the Dominion COP. Additionally, this NOI seeks public comment and input under section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations. Detailed information about the proposed wind energy facility, including the COP, can be found on BOEM's website at: https://www.boem.gov/CVOW- C.
Full Text
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<title>Federal Register, Volume 86 Issue 125 (Friday, July 2, 2021)</title>
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[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35329-35333]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14220]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2021-0040]
Notice of Intent To Prepare an Environmental Impact Statement for
Proposed Wind Energy Facility Offshore Virginia
AGENCY: Bureau of Ocean Energy Management, Interior.
ACTION: Notice of intent to prepare an environmental impact statement;
request for comments.
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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 Dominion Energy, Inc. (Dominion or applicant). The
COP proposes the construction and operation of a wind energy facility
offshore Virginia, called the Coastal Virginia Offshore Wind Commercial
Project (CVOW-C or Project), with export cables and the cable landing
locations in the area of Hampton Roads, Virginia. The onshore
electrical portion will connect to the Pennsylvania-New Jersey-Maryland
(PJM) regional transmission grid. This notice of intent (NOI) announces
the EIS scoping process for the Dominion COP. Additionally, this NOI
seeks public comment and input under section 106 of the National
Historic Preservation Act (NHPA) and its implementing regulations.
Detailed information about the proposed wind energy facility, including
the COP, can be found on BOEM's website at: <a href="https://www.boem.gov/CVOW-C">https://www.boem.gov/CVOW-C</a>.
[[Page 35330]]
DATES: Comments are due to BOEM by August 2, 2021.
BOEM will hold virtual public scoping meetings for the CVOW-C EIS
at the following dates and times (eastern):
Monday, July 12, 2021, 5:00 p.m.
Wednesday, July 14, 2021, 1:00 p.m.
Tuesday, July 20, 2021, 5:00 p.m.
ADDRESSES: Comments can be submitted in any of the following ways:
<bullet> Delivered by U.S. mail or any other delivery service,
enclosed in an envelope labeled, ``CVOW-C COP EIS'' and addressed to
Program Manager, Office of Renewable Energy, Bureau of Ocean Energy
Management, 45600 Woodland Road, Sterling, Virginia 20166, or
<bullet> Through the <a href="http://regulations.gov">regulations.gov</a> web portal: Navigate to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for Docket No. BOEM-2021-0040. Click on
the ``Comment'' 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 <a href="/cdn-cgi/l/email-protection#f39e9a909b969f9f96dd9e9c819a9db3919c969edd949c85"><span class="__cf_email__" data-cfemail="bed3d7ddd6dbd2d2db90d3d1ccd7d0fedcd1dbd390d9d1c8">[email protected]</span></a>.
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,
Dominion was awarded Commercial Lease OCS-A 0483 covering an area
offshore Virginia (the Lease Area). Dominion 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 goal of CVOW-C is to develop a commercial-scale, offshore wind
energy facility in the Lease Area with up to 205 wind turbine
generators, inter-array cables, up to three offshore substations, and
two cable landing locations located within existing parking lots in the
State Military Reservation, the Croatan Beach Parking Lot in Virginia
Beach, or both. The onshore electrical portion of the Project will
connect to the PJM regional transmission grid. The Project will
contribute to the goals of the 2020 law passed by the Virginia General
Assembly, the Virginia Clean Economy Act (VCEA), which supports
development of 2,500 to 3,000 megawatts (MW) of clean, reliable
offshore wind energy by 2028. Furthermore, Dominion's stated purpose
and need to construct and operate a commercial-scale, offshore wind
energy facility in the Lease Area is to help fulfill the Commonwealth
of Virginia's renewable energy goals.
Based on Dominion's goals and BOEM's authority, the purpose of
BOEM's action is to respond to Dominion's COP proposal and determine
whether to approve, approve with modifications, or disapprove
Dominion'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 (OCS)
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's
(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 Dominion's
request for authorization to take marine mammals incidental to the
Project (specifically pile driving)--is to evaluate the information in
Dominion'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's
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its
implementing regulations establish and frame the need for NMFS's
action. NMFS will be a consulting agency during BOEM's environmental
review of Dominion's COP and intends to adopt BOEM's EIS to support any
requested MMPA incidental take authorizations.
The U.S. Army Corps of Engineers Norfolk District (USACE)
anticipates a permit action to be undertaken through authority
delegated to the District Engineer by 33 CFR 325.8, pursuant to section
10 of the Rivers and Harbors Act of 1899 (RHA) (33 U.S.C. 403) and
section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). The USACE
considers issuance of a permit under these two delegated authorities a
major Federal action connected to BOEM's proposed action (40 CFR
1501.9(e)(1)). The applicant's stated purpose and need for the Project,
as indicated in paragraph 3 of this section, is to provide a
commercially viable, offshore wind energy project within the Lease Area
to meet Virginia's need for clean energy. The basic Project purpose, as
determined by USACE, is the construction and operation of a commercial-
scale, offshore wind energy project, including associated transmission
lines, for renewable energy generation and distribution to the PJM
energy grid. The USACE will be a consulting agency during BOEM's
environmental review of Dominion's COP and intends to adopt BOEM's EIS
to support its decision on any permits required under section 10 of the
RHA or section 404 of the CWA.
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 Dominion on the
area covered by Lease OCS-A 0483. In its COP, Dominion is proposing to
develop the Project to provide between 2,500 and 3,000 MW of clean,
reliable offshore wind energy to Virginia consumers.
The Project will involve the construction and operation of up to
205 wind turbine generators (WTG) and associated WTG foundations, up to
three offshore substations, up to approximately 301 miles of inter-
array cables, and up to two cable onshore landing locations. The
onshore electrical portion will connect to the PJM regional
transmission grid. The WTG foundations will be monopiles with
associated support and access structures. The WTGs, offshore
substations, and inter-array cables will be located within the Lease
Area on the
[[Page 35331]]
OCS approximately 27 statute miles offshore Virginia Beach. The
offshore export cables will be buried below the seabed in the OCS and
Virginia submerged lands. Export cables and two onshore cable landing
locations will be located within existing parking lots at the State
Military Reservation ( ), Croatan Beach in Virginia Beach, or both.
In addition to the Proposed Action and the no action alternative,
potential alternatives that the draft EIS could analyze include no-
surface occupancy areas within the Lease Area, navigation corridors
within the Lease Area, and time of year restrictions during
construction. Reasonable alternatives that are identified during the
scoping period will be evaluated in the draft EIS. Under the no action
alternative, BOEM would disapprove the COP, and Dominion'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
Dominion's COP. If BOEM approves the COP and the Project is
constructed, the lessee must submit a plan, before the end of the lease
term, to decommission the facilities.
Summary of Expected Impacts
The draft EIS will identify and describe the potential 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 occur in a different place. Expected potential
impacts may 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. These expected potential impacts will be
analyzed in the draft and final EIS.
Based on a preliminary evaluation of the resources listed above,
BOEM expects potential impacts to sea turtles and marine mammals from
underwater noise caused by construction and from collisions with
Project-related 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.
Project structures above the water may affect the visual character that
defines historic properties and recreation and tourism areas. Project
structures could pose an allision and height hazard to vessels passing
close by, and vessels could in turn pose a hazard to the structures.
Additionally, the Project may adversely impact military use, air
traffic, land-based radar services, cables and pipelines, scientific
surveys, and any future mineral extraction. Beneficial impacts are also
expected by facilitating achievement of State renewable energy goals,
increasing job opportunities, improving air quality, and reducing
carbon emissions. The EIS will analyze measures that would avoid,
minimize, or mitigate potential environmental effects.
Anticipated Permits and Authorizations
In addition to the requested COP approval, various other Federal,
State, and local authorizations will be required for the Project. In
addition to those previously discussed (i.e., NHPA, MMPA, RHA, and
CWA), these include authorizations under the Endangered Species Act,
Magnuson[hyphen]Stevens Fishery Conservation and Management Act,
Coastal Zone Management Act, and other laws and regulations determined
to be applicable to the Project. BOEM will also conduct government-to-
government consultations with federally recognized tribes. For a full
listing of regulatory requirements applicable to the CVOW-C Project,
please see the COP, volume I available at <a href="https://www.boem.gov/CVOW-C">https://www.boem.gov/CVOW-C</a>.
BOEM has chosen to use 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 (54
U.S.C. 306108) 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 August 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 May 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
CVOW-C 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 to 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 under 36 CFR 800.2(d). BOEM will
involve the public, State and local governments, Indian tribes, and
Dominion as consulting parties under NHPA. Also, BOEM will identify
potential consulting parties by considering all written requests from
individuals and organizations to participate as consulting parties.
BOEM will hold virtual public scoping meetings for the CVOW-C EIS
at the following dates and times (eastern):
<bullet> Monday, July 12, 2021, 5:00 p.m.;
<bullet> Wednesday, July 14, 2021, 1:00 p.m.; and
<bullet> Tuesday, July 20, 2021, 5:00 p.m.
Registration for the virtual public meetings may be completed here:
<a href="https://www.boem.gov/CVOW-C">https://www.boem.gov/CVOW-C</a>-Scoping-Virtual-Meetings.
NEPA Cooperating Agencies: BOEM invites other Federal agencies and
State, tribal, and local governments to
[[Page 35332]]
consider becoming cooperating agencies in the preparation of this EIS.
The Council on Environmental Quality's (CEQ) NEPA-implementing
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-Department of the
Interior cooperating agency. Agencies also should consider the factors
for determining cooperating agency status in CEQ's January 30, 2002,
memorandum entitled ``Cooperating Agencies in Implementing the
Procedural Requirements of the National Environmental Policy Act.''
This document is available at: <a href="http://energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf">http://energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf</a>.
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 invited them in writing to become consulting
parties. 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 Consulting (ICF), which is supporting BOEM in
its administration of this review. ICF's contact for this Project is
Susan Lassell at <a href="/cdn-cgi/l/email-protection#f3a08680929dddbf928080969f9fb39a9095dd909c9e"><span class="__cf_email__" data-cfemail="55062026343b7b19342626303939153c36337b363a38">[email protected]</span></a> or 916-231-7612. BOEM will
determine which interested parties should be NHPA 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, potential
mitigation measures that should be included, 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
included in the comment, available for public review online.
Individuals may request that BOEM withhold their names, addresses, and
other personally identifiable information from the public record;
however, BOEM cannot guarantee that it will be able to do so. For BOEM
to withhold from disclosure your personally identifiable information,
you must identify any information contained in your comment 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 on the Proposed Action from the public;
affected Federal, State, tribal, and local governments, agencies, and
offices; the scientific community; industry; or any other interested
party. 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 consulting parties input regarding the identification of historic
properties within the Proposed Action's area of potential effects and
the potential effects to those historic properties from the activities
proposed under the COP. BOEM also solicits proposed measures to avoid,
minimize, or mitigate any adverse effects on historic properties.
Consistent with confidentiality requirements, BOEM will present
available information regarding known historic properties during the
public scoping period. 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 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 allow a
commenter's meaningful participation 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 of all alternatives,
information, and analyses submitted for consideration by BOEM during
the scoping process.
[[Page 35333]]
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. 2021-14220 Filed 7-1-21; 8:45 am]
BILLING CODE 4310-MR-P
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