[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7226-7228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2774]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement


Commercial Wind Lease Issuance and Site Characterization 
Activities; Atlantic Outer Continental Shelf Offshore NJ, DE, MD, and 
VA

AGENCY: Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), Interior.

ACTION: Notice of Intent to Prepare an Environmental Assessment for 
Mid-Atlantic Wind Energy Areas.

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SUMMARY: This notice is being published as an initial step for the 
purpose of involving Federal agencies, States, Tribes, local 
government, wind power developers, and the public in the Department of 
the Interior's (DOI) ``Smart from the Start'' wind energy initiative, 
to identify areas for wind energy leasing proposals, and to provide 
public notice of the Department's commitment to analyze the 
initiative's siting, leasing and site assessment decisions in 
accordance with the DOI regulations implementing the provisions of the 
National Environmental Policy Act (NEPA) of 1969 as amended (42 U.S.C. 
4321 et seq.). On November 23, 2010, Secretary of the Interior Ken 
Salazar announced the ``Smart from the Start'' renewable energy 
initiative to accelerate responsible renewable wind energy development 
on the Atlantic Outer Continental Shelf (OCS) by using appropriate 
identified areas, coordinated environmental studies, large-scale 
planning and expedited approval processes. This notice identifies Wind 
Energy Areas (WEAs) offshore New Jersey, Delaware, Maryland, and 
Virginia that the Bureau of Ocean Energy Management, Regulation and 
Enforcement (BOEMRE) has found, in consultation with other Federal 
agencies and State Renewable Energy Task Forces, to be suitable for 
consideration for wind energy development.
    Authority: The NOI of the preparation of an environmental 
assessment is published pursuant to 43 CFR 46.305.

FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEMRE Office of 
Offshore Alternative Energy Programs, 381 Elden Street, MS 4090, 
Herndon, Virginia 20170-4817, (703) 787-1722 or 
[email protected].

SUPPLEMENTARY INFORMATION:

1. The OCS Renewable Energy Development Process

    There are generally three phases of renewable energy development on 
the OCS: lease issuance, site assessment, and construction and 
operation of a renewable energy facility. A renewable energy lease 
gives the lessee an exclusive right to apply for subsequent approvals 
that are necessary to advance to the next stage of the renewable energy 
development process. The second phase is BOEMRE review and approval of 
a site assessment plan (SAP) that allows the construction and 
installation of a meteorological tower and buoys. See 30 CFR 
285.600-.601; .605-.618. After the lessee has collected sufficient site 
characterization and assessment data the lessee may submit a 
construction and operations plan (COP), approval of which would 
authorize the actual construction and operation of a renewable energy 
facility. See 30 CFR 285.620-.629. Although BOEMRE does not authorize 
site characterization activities (i.e., geological and geophysical 
surveys and core samples), a lessee must submit the results of such 
surveys before BOEMRE can consider approving its COP. See 30 CFR 
285.626.
    By this notice, BOEMRE is soliciting comment on the environmental 
effects of reasonably foreseeable site characterization surveys that 
may be undertaken if BOEMRE issues a lease or leases in any or all of 
the identified WEAs. Consistent with the provisions of 43 CFR 46.305 
(public involvement in the environmental assessment process), the 
Department ``must, to the extent practicable, provide for public 
notification and public involvement when an Environmental Assessment is 
being prepared.'' Although scoping is not required for the preparation 
of an environmental assessment (EA) (CEQ regulations at 40 CFR 1501.7 
specifically reference the preparation of an Environmental Impact 
Statement (EIS)), the Department recognizes and encourages the use of 
scoping where appropriate as it does represent a form of public 
involvement. See 43 CFR 46.305(a)(2), 73 FR 61292, 61306 (Oct. 15, 
2008). BOEMRE intends to prepare a regional EA to analyze the 
environmental impacts of issuing renewable energy leases in the 
geographic areas offshore the States of New Jersey, Delaware, Maryland, 
and Virginia (identified as WEAs in Section 3 of this Notice), 
including environmental impacts associated site characterization 
activities that may take place on these leases. The EA will also 
analyze the potential environmental consequences associated with the 
approval of site assessment activities on these leases pursuant to the 
approval of SAPs.
    The proposed action is the issuance of renewable energy leases 
within the

[[Page 7227]]

WEAs described in Section 3 of this Notice, and approval of site 
assessment activities on those leases. The regional EA will consider 
the environmental consequences associated with reasonably foreseeable 
leasing scenarios, reasonably foreseeable site characterization 
scenarios in these lease areas (including geophysical, geotechnical, 
archeological and biological surveys), and reasonably foreseeable site 
assessment scenarios (including the installation and operation of 
meteorological towers and buoys) on the potential leaseholds. At a 
minimum, the alternatives that will be considered are no action (i.e., 
no issuance of leases or approval of site assessment activities), and 
the issuance of leases and approval of certain site assessment 
activities within the areas described in Section 3 of this Notice.
    Federal, State, and local government agencies, Tribal governments, 
and other interested parties may assist BOEMRE in determining the 
important issues and any additional alternatives to be analyzed in the 
regional EA. Input is also requested on measures (e.g., limitations on 
activities based on technology, distance from shore, or timing) that 
would mitigate impacts to environmental resources and socioeconomic 
conditions that could result from leasing, site characterization, and 
site assessment in and around the WEAs described below. It may become 
appropriate to analyze one or more WEAs in separate EAs. Consultation 
with other Federal agencies, Tribal governments, and affected States 
will be carried out during the EA process and will be completed before 
a final decision is made on whether any particular lease will be issued 
or site assessment activities on those leases approved.

2. Background for Analysis of Wind Energy Areas

    On November 6, 2007, BOEMRE published a Notice of Availability in 
the Federal Register (72 FR 62,672) of the Programmatic Environmental 
Impact Statement for Alternative Energy Development and Production and 
Alternate Use of Facilities on the Outer Continental Shelf, Final 
Environmental Impact Statement (OCS Report MMS 2007-046) (Programmatic 
EIS). On June 26, 2009, BOEMRE published a Notice of Availability in 
the Federal Register (74 FR 30,616) of the EA for Issuance of Leases 
for Wind Resource Data Collection on the Outer Continental Shelf 
Offshore Delaware and New Jersey (OCS EIS/EA MMS 2009-025) (Interim 
Policy EA). BOEMRE has seen very strong interest in offshore renewable 
energy projects on the OCS and is working closely with several states 
regarding the identification of offshore energy development proposals 
through Federal-state task forces. More information on the task forces 
and the ``Smart from the Start'' initiative can be found at http://www.boemre.gov/offshore/RenewableEnergy/StateActivities.htm and http://www.doi.gov/news/pressreleases/Salazar-Launches-Smart-from-the-Start-Initiative-to-Speed-Offshore-Wind-Energy-Development-off-the-Atlantic-Coast.cfm.
    BOEMRE will incorporate the environmental and socioeconomic 
analyses of site characterization and assessment activities from the 
Programmatic EIS, Interim Policy EA, and other public information to 
inform its analysis in the Regional EA. This Regional EA will focus on 
the environmental consequences of a reasonably foreseeable renewable 
energy lease issuance scenario, and the site characterization and site 
assessment activities that would likely take place within these lease 
areas as potential lessees developed their COP proposals. Site 
characterization activities include geophysical, geotechnical, 
archeological and biological surveys. Site assessment activities 
include those activities that must be submitted in a SAP for approval 
by BOEMRE, including the installation and operation of meteorological 
towers and buoys. The Regional EA will be developed using many of the 
principles of coastal and marine spatial planning, such as 
comprehensive interagency coordination, to identify information needs 
for COP submittals necessary for future decision-making regarding wind 
power development. If BOEMRE determines during the Regional EA process 
that issuing leases and conducting site characterization and assessment 
activities offshore New Jersey, Delaware, Maryland, and Virginia would 
result in significant environmental impacts, then BOEMRE would publish 
a Notice of Intent to prepare an EIS for the issuance of renewable 
energy leases in these WEAs. If BOEMRE determines during the Regional 
EA process that issuing leases and conducting site characterization and 
assessment activities in these WEAs would not result in significant 
environmental impacts, then BOEMRE would issue a Finding of No 
Significant Impact (FONSI). After either a FONSI is issued or the EIS 
process is completed, BOEMRE may issue one or more renewable energy 
leases in the WEAs. In the event that a particular lease is issued, and 
the lessee submits a SAP, BOEMRE will determine whether the Regional EA 
adequately considers the environmental consequences of the activities 
proposed in the lessee's SAP. If the analysis in the Regional EA 
adequately addresses these consequences, then no further NEPA would be 
required before the SAP is approved. If that analysis is inadequate, an 
additional NEPA analysis would be prepared before the SAP could be 
approved.
    If and when a lessee is ready to begin the third phase of renewable 
energy development, construction and operations of a renewable energy 
facility, it will submit a COP. If a COP is submitted for a particular 
leasehold, a separate NEPA analysis will be prepared. This will likely 
take the form of an EIS and will provide additional opportunities for 
public involvement. Pursuant to 30 CFR Part 285, a lessee may only 
submit a COP once it has gathered the necessary information through 
conducting site characterization and site assessment activities. Such 
an EIS process will provide the public and Federal officials with 
comprehensive site- and project-specific information regarding 
potential environmental impacts of the project that the lessee is 
proposing. These potential impacts will be taken into account when 
deciding whether to approve the construction and operation of a new 
commercial wind facility.

3. Description of the Wind Energy Areas

    BOEMRE, in consultation with other Federal agencies and State 
Renewable Energy Task Forces, has identified the following WEAs in 
which BOEMRE is proposing to begin the commercial lease issuance 
process and subsequent SAP approval process:
    New Jersey: The proposed area offshore New Jersey begins 7 nautical 
miles from the shore and extends roughly 23 nautical miles seaward (or 
the approximate 100 ft depth contour) and extends 72 nautical miles 
along the Federal/state boundary from Seaside Park south to Hereford 
Inlet. The entire area is approximately 418 square nautical miles and 
contains approximately 43 whole OCS blocks and 34 partial blocks.
    Delaware: The proposed area offshore Delaware rests between the 
incoming and outgoing shipping routes for Delaware Bay, and is made up 
of 10 whole OCS blocks and 17 partial blocks. The closest point to 
shore is approximately 7.5 miles due east from Rehoboth Beach, 
Delaware. Bluewater Wind Delaware, LLC already owns an Interim Policy 
lease in this area to

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construct a meteorological tower and associated structures on its 
leasehold (equivalent to structures and devices requiring SAP 
approval). BOEMRE is requesting comment on the reasonably foreseeable 
environmental effects associated with issuing a commercial lease in 
this area and with the lessee conducting additional site 
characterization activities on such a lease.
    Maryland: The proposed area offshore Maryland is made up of 29 
whole OCS blocks and 4 partial blocks. The entire area is approximately 
207 square nautical miles; 175,069 acres; or 70,848 hectares. The 
western edge is approximately 10 nautical miles from the Ocean City, 
Maryland coast, and the eastern edge is approximately 27 nautical miles 
from the Ocean City, Maryland coast.
    Virginia: The proposed area offshore Virginia is made up of 22 OCS 
lease blocks and 5 partial blocks. The Western edge of the area is 
approximately 20 nautical miles from Virginia Beach, and the Eastern 
edge is approximately 37 nautical miles from Virginia Beach. The entire 
area is approximately 165 square nautical miles; 139,855 acres; or 
56,597 hectares.
    A map of the WEAs described above is available on the BOEMRE 
website at http://www.boemre.gov/offshore/RenewableEnergy/. In 2010, 
BOEMRE began publishing Requests for Interest and Calls for Information 
for the areas above pursuant to 30 CFR 285.210-211 of the Competitive 
Lease Process. As a result of comments received on these notices and 
the analysis in the Regional EA, the WEAs offshore New Jersey, 
Maryland, Delaware, and Virginia may be further refined or modified. In 
addition, it may become appropriate to analyze one or more WEAs in 
separate EAs.

4. Cooperating Agencies

    BOEMRE invites other Federal agencies and State, tribal, and local 
governments to consider becoming cooperating agencies in the 
preparation of the Regional EA. The Council of Environmental Quality 
(CEQ) regulations implementing the procedural provisions of NEPA define 
cooperating agencies as those with ``jurisdiction by law or special 
expertise'' (40 CFR 1508.5). Potential cooperating agencies should 
consider their authority and capacity to assume the responsibilities of 
a cooperating agency and to remember that an agency's role in the 
environmental analysis neither enlarges nor diminishes the final 
decisionmaking authority of any other agency involved in the NEPA 
process.
    Upon request, BOEMRE will provide potential cooperating agencies 
with a draft Memorandum of Agreement that includes a schedule with 
critical action dates and milestones, mutual responsibilities, 
designated points of contact, and expectations for handling 
predecisional information. Agencies should also consider the ``Factors 
for Determining Cooperating Agency Status'' in Attachment 1 to CEQ's 
January 30, 2002, Memorandum for the Heads of Federal Agencies: 
Cooperating Agencies in Implementing the Procedural Requirements of the 
NEPA. A copy of this document is available at http://ceq.hss.doe.gov/nepa/regs/cooperating/cooperatingagenciesmemorandum.html
    and http://ceq.hss.doe.gov/nepa/regs/cooperating/cooperatingagencymemofactors.html.
    BOEMRE, as the lead agency, will not provide financial assistance 
to cooperating agencies. Even if an organization is not a cooperating 
agency, opportunities will exist to provide information and comments to 
BOEMRE during the normal public input phases of the NEPA/EA process.

5. Comments

    Federal, state, local government agencies, Tribal governments, and 
other interested parties are requested to send their written comments 
on BOEMRE's scoping of the Regional EA (including important issues, 
alternatives related to lease issuance, and site assessment activities 
that should be addressed) in one of the following ways:
    1. Electronically: http://www.regulations.gov. In the entry titled 
``Enter Keyword or ID,'' enter BOEM-2010-0077, then click search. 
Follow the instructions to submit public comments and view supporting 
and related materials available for this document.
    2. In written form, delivered by hand or by mail, enclosed in an 
envelope labeled ``Comments on Mid Atlantic WEA Regional EA'' to 
Program Manager, Office of Offshore Alternative Energy Programs (MS 
4090), Bureau of Ocean Energy Management, Regulation and Enforcement, 
381 Elden Street, Herndon, Virginia 20170. Comments should be submitted 
no later than March 11, 2011.

    Dated: January 27, 2011,
L. Renee Orr,
Acting Associate Director for Offshore Energy and Minerals Management.
[FR Doc. 2011-2774 Filed 2-8-11; 8:45 am]
BILLING CODE 4310-MR-W-P