Notice2023-26170
Notice of Availability of a Joint Record of Decision for the Proposed Empire Offshore Wind Projects
Primary source
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Published
November 28, 2023
Issuing agencies
Interior DepartmentOcean Energy Management Bureau
Abstract
The BOEM announces the availability of the joint ROD for the construction and operations plan (COP) submitted by Empire Wind, LLC (Empire Wind) for its proposed Empire Wind Offshore Wind Farm Projects (Projects) offshore New York. The final environmental impact statement (EIS) analyzes the potential environmental impacts of the Projects as described in the COP (the proposed action) and the alternatives to the proposed action. The joint ROD includes the decision of the Department of the Interior (DOI) regarding the COP, and the decision of NMFS regarding Empire Wind's requested incidental take regulations (ITR) and an associated letter of authorization (LOA) under the Marine Mammal Protection Act (MMPA). NMFS has adopted the final EIS to support its decision of whether to issue the requested ITR. The joint ROD concludes the National Environmental Policy Act process for each agency.
Full Text
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<title>Federal Register, Volume 88 Issue 227 (Tuesday, November 28, 2023)</title>
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[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83146-83147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26170]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2022-0053]
Notice of Availability of a Joint Record of Decision for the
Proposed Empire Offshore Wind Projects
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior; National
Marine Fisheries Service (NMFS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Record of decision (ROD); notice of availability (NOA).
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SUMMARY: The BOEM announces the availability of the joint ROD for the
construction and operations plan (COP) submitted by Empire Wind, LLC
(Empire Wind) for its proposed Empire Wind Offshore Wind Farm Projects
(Projects) offshore New York. The final environmental impact statement
(EIS) analyzes the potential environmental
[[Page 83147]]
impacts of the Projects as described in the COP (the proposed action)
and the alternatives to the proposed action. The joint ROD includes the
decision of the Department of the Interior (DOI) regarding the COP, and
the decision of NMFS regarding Empire Wind's requested incidental take
regulations (ITR) and an associated letter of authorization (LOA) under
the Marine Mammal Protection Act (MMPA). NMFS has adopted the final EIS
to support its decision of whether to issue the requested ITR. The
joint ROD concludes the National Environmental Policy Act process for
each agency.
ADDRESSES: The joint ROD and associated information are available on
BOEM's website at: <a href="https://www.boem.gov/renewable-energy/state-activities/empire-wind">https://www.boem.gov/renewable-energy/state-activities/empire-wind</a>.
FOR FURTHER INFORMATION CONTACT: For information related to BOEM's
decision, please contact: Jessica Stromberg, BOEM Office of Renewable
Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, Virginia
20166, (703) 787-1730 or <a href="/cdn-cgi/l/email-protection#3e545b4d4d575d5f104d4a4c51535c5b4c597e5c515b5310595148"><span class="__cf_email__" data-cfemail="ed87889e9e848e8cc39e999f82808f889f8aad8f828880c38a829b">[email protected]</span></a>. For information
related to NMFS' action, contact Katherine Renshaw, NOAA Office of
General Counsel, (302) 515-0324.
SUPPLEMENTARY INFORMATION: Empire Wind seeks approval to construct,
operate, and maintain the Projects: two wind energy facilities and
their associated export cables on the Outer Continental Shelf (OCS)
offshore New York. The Projects would be developed within the range of
design parameters outlined in the Empire Wind COP, subject to
applicable mitigation measures. Empire Wind proposes to develop the
lease area in two wind farms, known as Empire Wind 1 (EW 1) and Empire
Wind 2 (EW 2). EW 1 and EW 2 will be independent from each other.
Including both EW 1 and EW 2, Empire Wind proposes constructing and
operating up to 147 wind turbines and up to two offshore substations
with two cable routes under the terms of Renewable Energy Lease OCS-A
0512 located 14 miles from Long Island, New York, and 19.5 miles from
Long Branch, New Jersey. The onshore components of the Projects will
include up to three export cable landfalls in New York (one for EW 1
and up to two for EW 2) and two onshore substations: EW 1 onshore
substation in Brooklyn, New York; and EW 2 onshore substation A in
Oceanside, New York, or EW 2 onshore substation C in Island Park, New
York.
A notice of availability for the final EIS was published in the
Federal Register on September 15, 2023. On November 15, 2023, BOEM
published an errata on its website that included certain edits to the
summary and comparison of impacts among those listed in the alternative
table in chapter 2 of the final EIS to correct impact conclusions for
marine mammals. The errata also provides corrections to chapter 3 to
include identification of species-specific cumulative impacts of the
proposed action. These corrections are neither substantive nor affect
the analysis or conclusions in the final EIS.
After carefully considering public comments on the draft EIS and
the alternatives described and analyzed in the final EIS, DOI selected
the combination of Alternative C-1, ``Gravesend Anchorage Area,''
Alternative D, ``EW 2 Submarine Export Cable Route Options to Minimize
Impacts to the Sand Borrow Area,'' Alternative F, ``Wind Resource
Optimization with Modifications for Environmental and Technical
Considerations,'' Alternative G, ``Cable Bridge Crossing of Barnums
Channel Adjacent to Long Island Railroad Bridge,'' and Alternative H,
``Dredging for EW 1 Export Cable Landfall.'' This combination of
alternatives is identified in the final EIS as the preferred
alternative. The anticipated mitigation, monitoring, and reporting
requirements are included in the ROD and will be included in BOEM's COP
approval as terms and conditions. These requirements are available at:
<a href="https://www.boem.gov/renewable-energy/state-activities/empire-wind">https://www.boem.gov/renewable-energy/state-activities/empire-wind</a>.
NMFS has adopted BOEM's final EIS to support its decision of
whether to issue the requested ITR and associated LOA to Empire Wind.
NMFS's final decision will be documented in a separate decision
memorandum prepared in accordance with NMFS's internal policy and
procedures. The final ITR and LOA, if issued, will be published in the
Federal Register. The LOA would authorize Empire Wind to take small
numbers of marine mammal incidental to the Projects' construction,
would set forth permissible methods of incidental taking, would specify
means to ensure the least practicable adverse impact on marine mammals
and their habitat, and would include requirements for monitoring and
reporting. Pursuant to section 7 of the Endangered Species Act, NMFS
issued a final biological opinion to BOEM on September 8, 2023,
evaluating the effects of the proposed action on ESA-listed species.
The biological opinion includes the associated permits, approvals, and
authorizations that may be issued.
Authority: The National Environmental Policy Act of 1969, as
amended, (42 U.S.C. 4321 et seq.); 40 CFR 1505.2.
David Diamond,
Deputy Chief, Office of Renewable Energy Programs, Bureau of Ocean
Energy Management.
[FR Doc. 2023-26170 Filed 11-27-23; 8:45 am]
BILLING CODE 4340-98-P
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