Abstract
This document constitutes the Bureau of Ocean Energy Management (BOEM), U.S. Army Corps of Engineers (USACE), and National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) joint Record of Decision (ROD) for the final Environmental Impact Statement (FEIS) prepared for the Vineyard Wind 1 Offshore Wind Energy Project (Project) Construction and Operations Plan (COP). The ROD addresses BOEM’s action to approve the COP under section 8(p) of the Outer Continental Shelf Lands Act (OCSLA; 43 U.S.C. § 1337(p)), USACE’s permitting actions under section 10 of the River 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), and NMFS’ action of issuing an Incidental Harassment Authorization (IHA) to Vineyard Wind under section 101(a)(5)(D) of the Marine Mammal Protection Act, as amended (MMPA; 16 U.S.C. § 1371(a)(5)(D)). This ROD was prepared following the requirements of the National Environmental Policy Act (NEPA; 42 U.S.C. §§ 4321-4370) et seq.) and 40 C.F.R. parts 1500-1508.1 BOEM prepared the “Vineyard Wind 1 Offshore Wind Energy Project FEIS with the assistance of a third-party contractor, Environmental Resources Management Inc. The USACE, NMFS, Bureau of Safety and Environmental Enforcement (BSEE), the U.S. Coast Guard (USCG), and the U.S. Environmental Protection Agency (USEPA) were cooperating agencies during the development and review of the document. The Narragansett Indian Tribe was a cooperating tribal nation. Cooperating state agencies included the Massachusetts Office of Coastal Zone Management (MA CZM), the Rhode Island Coastal Resource Management Council (RI CRMC), and the Rhode Island Department of Environmental Management. The need for BOEM’s action is to execute its duty to approve, approve with modifications, or disapprove the COP. This action furthers BOEM’s responsibility to make Outer Continental Shelf (OCS) energy resources available for development in an expeditious and orderly manner, subject to environmental safeguards (43 U.S.C. § 1332(3)), including consideration of natural resources and existing ocean uses. This responsibility balances different goals and does not hold one as controlling over all others, consistent with the opinion recently issued by the Department of the Interior Solicitor, “Secretary’s Duties under Subsection 8(p)(4) of the Outer Continental Shelf Lands Act When Authorizing Activities on the Outer Continental Shelf” (M- 37067)2. M- 37067 provides that “subsection 8(p)(4) of OCSLA and similar statutes require only that the Secretary strike a rational balance between Congress’s enumerated goals, i.e., a variety of uses. In making this determination, the Secretary retains wide discretion to weigh those goals as an application of her technical expertise and policy judgment...” M-37067, p. 2. The FEIS also analyzed impacts resulting from the proposed action that are relevant to USACE permitting actions under section 10 of the RHA and section 404 of the CWA, and NMFS’ action of issuing an IHA under the MMPA.
Volume I (All Volume I Sections in one Adobe PDF file)
- Table of Contents
- Section 1: Project Overview
- Section 2: Project Location Plat
- Section 3: Project Structures and Facilities
- Section 4: Project Activities
- Section 5: Regulatory Framework
- Section 6: Agency Contact and Stakeholder Coordination
- Section 7: References and Incorporation by Reference
- Volume I Appendices (All Volume I Appendices in one Adobe PDF File)
- Appendix I-A Draft Oil Spill Response Plan
- Appendix I-B Draft Safety Management System
- Appendix I-C Statement of Qualifications for Certified Verification Agent (CVA) Services
- Appendix I-D CVA Scope of Work and Verification Plan
- Appendix I-E Hierarchy of Standards
Volume III
- Table of Contents
- Section 1: Applicants Purpose and Need
- Section 2: Project Summary
- Section 3: Project Evolution
- Section 4: Summary of Potential Benefits, Impacts, and Mitigation Measures
- Section 5: Physical Resources
- Section 6: Biological Resources
- Section 7: Socioeconomic Resources
- Section 8: Low Probability Events
- Section 9: References
- Volume III Appendices
- Appendix III-A: Hydrodynamic and Sediment Dispersion Modeling Study
- Appendix III-B: Air Emissions Calculations and Methodology
- Appendix III-C: Avian Appendix
- Appendix III-D: Benthic Habitat Monitoring Plan
- Appendix III-E: Fisheries Communication Plan
- Appendix III-F: Essential Fish Habitat Impact Assessment
- Appendix III-G: Preliminary Terrestrial Archaeology Resources Report and Permit Application
- Appendix III-H.a: Vineyard Wind Project Visual Impact Assessment
- Appendix III-H.b: Vineyard Wind Project Historic Properties Visual Impact Assessment
- Appendix III-I: Navigational Risk Assessment
- Appendix III-J: Aviation Impact Assessmen
- Appendix III-K: Scour Potential Evaluation at Vineyard Wind
- Appendix III-L: Proposed Vineyard Wind Offshore Wind Energy Project; Estimated Contribution to Employment and Economic Development
- Appendix II-M: Supplemental Information or the Assessment of Potential Impacts to Marine Mammals and Sea Turtles During Construction, Operation and Decommissioning of the Vineyard Wind Project.
- Appendix III-N: Frequency of Activation of an Aircraft Detection System Lighting System (ADLS) Report
- Appendix III-O: Vineyard Wind Spring Tern Survey
- Appendix III-P: Coastal Zone Management Act Consistency Certification
- Appendix III-Q: Community and Environmental Benefits of the Vineyard Wind Project
- Appendix III-R: Proposed Mitigation to Facilitate East-West Fishing in the Wind Development Area
Vineyard Wind 1’s Blade Removal COP Revision Addendum (Dec. 5, 2024)