Abstract
This document constitutes the Bureau of Ocean Energy Management’s (BOEM), the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service’s (NMFS)1, and the U.S. Army Corps of Engineers’ (USACE) joint record of decision (ROD) for the Final Environmental Impact Statement (EIS) prepared for the New England Wind Project (the Project). The ROD addresses BOEM’s action to approve the Project’s Construction and Operations Plan (COP) under subsection 8(p)(4) of the Outer Continental Shelf Lands Act (OCSLA; 43 USC § 1337(p)), NMFS’s action to issue a Letter of Authorization (LOA) to Park City Wind LLC (referred to herein as “Park City Wind,” the “Lessee,” or the “applicant”) under section 101(a)(5)(A) of the Marine Mammal Protection Act, as amended (MMPA; 16 USC § 1371(a)(5)(A)), and USACE’s action to issue a permit under section 10 of the Rivers and Harbors Act of 1899 (RHA; 33 USC § 403) and section 404 of the Clean Water Act (CWA; 33 USC § 1344). This ROD was prepared following the requirements of the National Environmental Policy Act (NEPA; 42 USC §§ 4321 et seq.) and 40 CFR §§ 1500–1508.2
BOEM prepared the New England Wind Final EIS with the assistance of a third-party contractor, Environmental Resources Management, Inc. (ERM). NMFS, USACE, the U.S. Coast Guard (USCG), the Bureau of Safety and Environmental Enforcement (BSEE), the U.S. Environmental Protection Agency (USEPA), and the U.S. Fish and Wildlife Service (USFWS) were cooperating agencies during the development and review of the document. The Massachusetts Office of Coastal Zone Management, Rhode Island Coastal Resources Management Council and New York Department of State supported the preparation of the EIS as state cooperating agencies. The Advisory Council on Historic Preservation (ACHP), Federal Aviation Administration (FAA), National Park Service, U.S. Navy, U.S. Air Force, and Department of Defense supported the environmental review as participating agencies.
NMFS received a request for authorization to take marine mammals incidental to construction activities related to the Project, which NMFS may authorize under the MMPA. NMFS’s issuance of Incidental Take Regulations (ITR) and an associated LOA 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 Park City Wind’s request for authorization to take marine mammals incidental to specified activities associated with the Project (i.e., pile driving, site assessment surveys, and unexploded ordnance (UXO) detonation)—is to evaluate Park City Wind’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 NMFS’s responsibilities under the MMPA (16 USC § 1371(a)(5)(A)) and its implementing regulations.
In addition to analyzing the potential impacts resulting from BOEM’s approval of the COP pursuant to subsection 8(p)(4) of OCSLA, the Final EIS also analyzes potential impacts resulting from the Proposed Action that are relevant to USACE permitting actions under Section 10 of the RHA, 33 U.S.C. § 403; Section 404 of the CWA, 33 U.S.C. § 1344; and NMFS’s action of issuing a LOA for the incidental harassment of small numbers of marine mammals during construction to Park City Wind under the MMPA (16 USC § 1371(a)(5)(A); see also 40 CFR § 1501.9(e)(1)).