Notice2021-23806
Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Mayflower Wind Project on the Northeast Atlantic Outer Continental Shelf
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Published
November 1, 2021
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
Consistent with the regulations implementing the National Environmental Policy Act (NEPA), BOEM announces its intent to prepare an EIS for the review of a construction and operations plan (COP) submitted by Mayflower Wind Energy, LLC (Mayflower Wind) for the construction and operation of a wind energy facility offshore Massachusetts with proposed interconnection locations at Falmouth, Massachusetts, and at Brayton Point in Somerset, Massachusetts. This NOI announces the EIS scoping process for the Mayflower 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: www.boem.gov/mayflower-wind.
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<title>Federal Register, Volume 86 Issue 208 (Monday, November 1, 2021)</title>
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[Federal Register Volume 86, Number 208 (Monday, November 1, 2021)]
[Notices]
[Pages 60270-60274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23806]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM 2021-0062]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Mayflower Wind Project on the Northeast Atlantic Outer
Continental Shelf
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Notice of intent (NOI) to prepare an environmental impact
statement (EIS); request for comments.
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SUMMARY: Consistent with the regulations implementing the National
Environmental Policy Act (NEPA), BOEM announces its intent to prepare
an EIS for the review of a construction and operations plan (COP)
submitted by Mayflower Wind Energy, LLC (Mayflower Wind) for the
construction and operation of a wind energy facility offshore
Massachusetts with proposed interconnection locations at Falmouth,
Massachusetts, and at Brayton Point in Somerset, Massachusetts. This
NOI announces the EIS scoping process for the Mayflower 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="http://www.boem.gov/mayflower-wind">www.boem.gov/mayflower-wind</a>.
DATES: Comments received by December 1, 2021, will be considered.
BOEM will hold virtual public scoping meetings for the Mayflower
Wind EIS at the following dates and times (eastern time):
<bullet> Wednesday, November 10, 5 p.m.;
<bullet> Monday, November 15, 1 p.m.; and
<bullet> Thursday, November 18, 5 p.m.
Registration for the virtual public meetings may be completed here:
<a href="http://www.boem.gov/Mayflower-Wind-Scoping-Virtual-Meetings">www.boem.gov/Mayflower-Wind-Scoping-Virtual-Meetings</a> or by calling
(703) 787-1553.
ADDRESSES: Written comments can be submitted in any of the following
ways:
<bullet> Delivered by mail or delivery service, enclosed in an
envelope labeled, ``MAYFLOWER WIND 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">www.regulations.gov</a> and search for Docket No. BOEM-2021-0062. Select
the document in the search results on which you want to comment, click
on the ``Comment'' button, and follow the online instructions for
submitting your comment. A commenter's checklist is available on the
comment web page. Enter your information and comment, then click
``Submit.''
FOR FURTHER INFORMATION CONTACT: Genevieve Brune, BOEM Office of
Renewable Energy Programs, 45600 Woodland Road, Sterling, Virginia
20166, telephone (703) 787-1553, or email <a href="/cdn-cgi/l/email-protection#783f1d161d0e111d0e1d563a0a0d161d381a171d15561f170e"><span class="__cf_email__" data-cfemail="8acdefe4effce3effcefa4c8f8ffe4efcae8e5efe7a4ede5fc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Purpose of and Need for the Proposed Action
In Executive Order 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' issued on January 27, 2021, President Biden stated that it is
the policy of his administration ``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.''
Mayflower Wind has the exclusive right to submit a COP for
activities located offshore Massachusetts in the
[[Page 60271]]
area covered by BOEM Renewable Energy Lease OCS-A 0521 (Lease Area).
Mayflower Wind has submitted a COP to BOEM proposing the construction,
operation, and conceptual decommissioning of an offshore wind energy
facility in the Lease Area (the Project).
Mayflower Wind's goal is to develop a commercial-scale, offshore
wind energy generation facility in the Lease Area, with up to 149 total
foundation locations to be occupied by a combination of up to 147 wind
turbine generators (WTGs) and up to 5 offshore substation platforms
(OSPs). The Project would include two export cable corridors, one
making landfall and interconnecting to the ISO New England Inc. (ISO-
NE) grid in Falmouth, Massachusetts, and one making landfall and
interconnecting to the ISO-NE grid at Brayton Point in Somerset,
Massachusetts (See Section 1.3 of the COP).
The Project would provide between 1,600 to 2,400 megawatts (MW) of
clean, renewable wind energy to the northeast United States, including
Massachusetts, in accordance with section 83C of the Massachusetts'
Green Communities Act, which allows electric distribution companies
(EDCs) to solicit proposals for offshore wind energy generation
(Chapter 188 of the Acts of 2016, An Act to Promote Energy Diversity).
In October 2019, the EDCs selected Mayflower Wind's low-cost energy bid
for a power purchase agreement (PPA) to generate 804 MW of offshore
wind energy that will serve Massachusetts customers (Massachusetts
Clean Energy, 2020). In addition to the 804 MW PPA, Mayflower Wind is
actively exploring additional offtake opportunities. The Project is
intended to address the needs identified by the Massachusetts EDCs for
new sources of power generation that are cost-effective and reliable,
as well as to contribute to the section 83C offshore wind mandate.
Based on Mayflower Wind's goals and BOEM's authority, the purpose
of BOEM's action is to respond to Mayflower Wind's COP proposal and
determine whether to approve, approve with modifications, or disapprove
the Mayflower Wind COP (the Proposed Action). BOEM's approval of the
COP and any modifications is needed to construct and install, operate
and maintain, and decommission a commercial-scale offshore wind energy
facility within the Lease Area. BOEM's purpose and need is consistent
with 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
a request for authorization to take marine mammals incidental to
construction-related activities related to the Project under the Marine
Mammal Protection Act (MMPA). NMFS 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 Mayflower
Wind's request for authorization to take marine mammals incidental to
specified activities associated with the Project (e.g., pile driving)--
is to evaluate the applicant's request pursuant to specific
requirements of the MMPA and its implementing regulations administered
by NMFS, considering impacts of the applicant's activities on relevant
resources, and if appropriate, issue the authorization. NMFS needs to
render a decision regarding the request for authorization due to its
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its
implementing regulations. If, after independent review, NMFS makes the
findings necessary to issue the requested authorization, NMFS intends
to adopt BOEM's EIS to support that decision and fulfill its NEPA
requirements.
The U.S. Army Corps of Engineers, New England District, (USACE)
anticipates a permit action to be undertaken through authority
delegated to the District Engineer by 33 CFR 325.8, under 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). In addition, it is
anticipated that a section 408 permission will be required pursuant to
Section 14 of the RHA (33 U.S.C. 408) for any proposed alterations that
have the potential to alter, occupy or use any USACE federally
authorized Civil Works projects. The USACE considers issuance of a
permit/permission under these three delegated authorities a major
Federal action connected to BOEM's Proposed Action (40 CFR
1501.9(e)(1)).
As described in Section 1.3 of the COP, the applicant's stated
purpose and need for the Project, is to provide a commercially viable
offshore wind energy project (1,600 to 2,400 MW) within Lease OCS-A
0521 to help states achieve their renewable energy goals. The basic
project purpose, as determined by USACE for section 404(b)(1)
guidelines evaluation, is offshore wind energy generation. The overall
project purpose for section 404(b)(1) guidelines evaluation, as
determined by USACE, is the construction and operation of a commercial-
scale offshore wind energy project for renewable energy generation and
distribution to the New England energy grid. The purpose of USACE
section 408 action, as determined by EC 1165-2-220, is to evaluate the
applicant's request and determine whether the proposed alterations are
injurious to the public interest or impair the usefulness of the USACE
project. The USACE section 408 permission is needed to ensure that
Congressionally authorized projects continue to provide their intended
benefits to the public.
USACE intends to adopt BOEM's EIS to support its decision on any
permits/permissions requested under section 10 of the RHA, section 404
of the CWA, and section 14 of the RHA. The USACE would adopt the EIS
pursuant to 40 CFR 1506.3 if, after its independent review of the
document, it concludes that the EIS satisfies the USACE's comments and
recommendations. Based on its participation as a cooperating agency and
its consideration of the final EIS, USACE would issue a Record of
Decision (ROD) to formally document its decision on the Proposed
Action.
Proposed Action and Preliminary Alternatives
As noted above, Mayflower Wind is proposing to construct and
operate 149 total foundation locations to be occupied by a combination
of up to 147 WTGs and up to 5 OSPs. The Project would also include two
export cable corridors, one making landfall and interconnecting to the
ISO-NE grid in Falmouth, Massachusetts, and one making landfall and
interconnecting to the ISO-NE grid at Brayton Point in Somerset,
Massachusetts. The WTG foundations may be monopiles, piled jackets,
suction-bucket jackets, or gravity-based structures or some
combination. The WTGs, OSPs, foundations, and inter-array cables would
be located within the Lease Area on the U.S. Outer Continental Shelf
approximately 30 statute miles (mi) (26 nautical miles [nm], 48
kilometers [km]) south of Martha's Vineyard, Massachusetts, and
approximately 23 mi (20 nm, 37 km) south of Nantucket, Massachusetts.
The offshore export cables would be buried in the U.S. Outer
Continental Shelf and in the seabed under State waters of Massachusetts
and Rhode Island.
If any reasonable alternatives to the Proposed Action are
identified during
[[Page 60272]]
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 the proposed
wind energy facility would not be built.
Once BOEM completes the EIS and associated consultations, BOEM will
decide whether to approve, approve with modification, or disapprove the
Mayflower Wind COP. If BOEM approves the COP, Mayflower Wind must
comply with all conditions of its approval.
Summary of Potential Impacts
The draft EIS will identify and describe the potential effects of
the Proposed Action and the alternatives on the human environment that
are reasonably foreseeable and have a reasonably close causal
relationship to the Proposed Action and the alternatives. This includes
such effects that occur at the same time and place as the Proposed
Action and alternatives and effects that are later in time or occur in
a different place. Potential impacts to resources include, but are not
limited to, impacts (whether beneficial or adverse) on 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 potential impacts will be analyzed in the draft and
final EIS.
Based on a preliminary evaluation of these resources, BOEM expects
potential impacts on sea turtles and marine mammals from underwater
noise caused by construction and from collision risks with Project-
related vessel traffic. Structures installed by the Project could
permanently change benthic and fish habitats (e.g., creation of
artificial reefs). Commercial fisheries and for-hire recreational
fishing could be impacted. Project structures above the water could
affect the visual character defining historic properties and
recreational and tourism areas. 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 could cause conflicts with military activities, 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, increasing job
opportunities, improving air quality, and reducing carbon emissions.
Specifically, for increasing job opportunities, the Mayflower Wind
project is estimated to support up to an estimated 4,970 job-years
during the development and construction phases of the project. During
the operations and maintenance phase the Mayflower offshore wind
project will support about 11,440 jobs-years during its 30 years of
operation (with decommissioning). The EIS will analyze measures that
would avoid, minimize, or mitigate identified impacts.
Anticipated Permits and Authorizations
In addition to the requested COP approval, various other Federal,
State, and local authorizations will be required for the Project.
Applicable Federal laws include the Endangered Species Act,
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, MMPA,
RHA, CWA, and the Coastal Zone Management Act. BOEM will also conduct
government-to-government Tribal consultations. For a detailed listing
of regulatory requirements applicable to the Project, please see the
COP, volume I, available at www.boem.gov/Mayflower-Wind.
BOEM has chosen to use the NEPA process to fulfill its obligations
under NHPA. While BOEM's obligations under NHPA and NEPA are
independent, regulations implementing section 106 of NHPA, at 36 CFR
800.8(c), allow the NEPA process and documentation to substitute for
various aspects of the NHPA review. This process is intended to improve
efficiency, promote transparency and accountability, and support a
broadened discussion of potential effects that a project could have on
the human environment. During preparation of the EIS, BOEM will ensure
that the NEPA process will fully meet all NHPA obligations.
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
currently expects to issue the NOA in January 2023. After the public
comment period ends, BOEM will review and respond to comments received
and will develop the final EIS. BOEM currently expects to make the
final EIS available to the public in September 2023. A ROD will be
completed no sooner than 30 days after the final EIS is released, in
accordance with 40 CFR 1506.11.
This Project is a ``covered project'' under section 41 of the
Fixing America's Surface Transportation Act (FAST-41). FAST-41 provides
increased transparency and predictability by requiring Federal agencies
to publish comprehensive permitting timetables for all covered
projects. FAST-41 also provides procedures for modifying permitting
timetables to address the unpredictability inherent in the
environmental review and permitting process for significant
infrastructure projects. To view the FAST-41 Permitting Dashboard for
the Project, visit: <a href="http://www.permits.performance.gov/permitting-project/mayflower-wind-energy-project">www.permits.performance.gov/permitting-project/mayflower-wind-energy-project</a>.
Scoping Process
This NOI commences the public scoping process to identify issues
and potential alternatives for consideration in the Mayflower Wind EIS.
BOEM will hold virtual public scoping meetings at the times and dates
described above under the Dates caption. Throughout the scoping
process, Federal agencies, Tribal, State, and local governments, and
the general public have the opportunity to help BOEM identify
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.
As noted above, BOEM will use the NEPA process to comply with NHPA.
BOEM will consider all written requests from individuals and
organizations to participate as consulting parties under NHPA and, as
discussed below, will determine who among those parties will be a
consulting party in accordance with the NHPA regulations.
NEPA Cooperating Agencies
BOEM invites other Federal agencies and Tribal, State, and local
governments to consider becoming cooperating agencies in the
preparation of this EIS. The Council on Environmental Quality (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.
[[Page 60273]]
Upon request, BOEM will provide potential cooperating agencies with
a written summary of expectations for cooperating agencies, including
schedules, milestones, responsibilities, scope and detail of
cooperating agencies' expected 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 the CEQ memorandum
entitled, ``Cooperating Agencies in Implementing the Procedural
Requirements of the National Environmental Policy Act,'' dated January
30, 2002. This document is available on the internet at:
<a href="http://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf">www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf</a>.
BOEM, as the lead agency, does not provide financial assistance to
cooperating agencies. Governmental entities that are not cooperating
agencies will have opportunities to provide information and comments to
BOEM during the public input stages of the NEPA process.
NHPA Consulting Parties
Individuals and organizations with a demonstrated interest in the
Project can 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.
Before issuing this NOI, BOEM compiled a list of potential
consulting parties and invited them to become consulting parties. To
become a consulting party, those invited must respond in writing by the
requested response date.
Interested individuals and organizations that did not receive a
written invitation can request to be consulting parties by writing to
the staff NHPA contact at ICF International, Inc., the third party EIS
contractor supporting BOEM in its administration of this review. ICF's
NHPA contact for this review is Karen Crawford at
<a href="/cdn-cgi/l/email-protection#a2efc3dbc4cecdd5c7d0fdf1c7c1d6cbcdcc939294e2cbc1c48cc1cdcf"><span class="__cf_email__" data-cfemail="1558746c73797a6270674a467076617c7a7b242523557c76733b767a78">[email protected]</span></a>. 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
included in the comment, available for public review online.
Individuals can request that BOEM withhold their names, addresses, or
other personally identifiable information included in their comment
from the public record; however, BOEM cannot guarantee that it will be
able to do so. To help BOEM determine whether 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.
Additionally, under section 304 of NHPA, BOEM is required, after
consultation with the Secretary of the Interior, to withhold the
location, character, or ownership of historic resources if it
determines that disclosure may, among other things, cause a significant
invasion of privacy, risk harm to the historic resources, or impede the
use of a traditional religious site by practitioners. Tribal entities
and other parties providing information on historic resources should
designate information that they wish to be held as confidential and
provide the reasons why BOEM should do so.
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 relevant to the Proposed Action from the
public; affected Federal, Tribal, State, and local governments,
agencies, and offices; the scientific community; industry; or any other
interested party. Specifically, BOEM requests information on the
following topics:
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 and conditions including air quality, water quality,
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 comment and
input from the public and consulting parties regarding the
identification of historic properties within the Proposed Action's area
of potential effects, the potential effects on those historic
properties from the activities proposed in the COP, and any information
that supports identification of historic properties under NHPA. BOEM
also solicits proposed measures to avoid, minimize, or mitigate any
adverse effects on historic properties. BOEM will present available
information regarding known historic properties during the public
scoping period at www.boem.gov/Mayflower-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, their possible impacts on the
Project, and the Project's possible 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 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 possible
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 during the scoping
[[Page 60274]]
process for consideration by BOEM and the cooperating agencies.
Authority: This NOI is published in accordance with 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. 2021-23806 Filed 10-29-21; 8:45 am]
BILLING CODE 4310-MR-P
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