[Federal Register Volume 76, Number 78 (Friday, April 22, 2011)]
[Notices]
[Pages 22719-22720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9779]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management, Regulation and Enforcement


Cape Wind Energy Project

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

ACTION: Notice of the Availability (NOA) of an Environmental Assessment 
(EA); NOA of a Record of Decision (ROD).

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SUMMARY: Pursuant to the Council on Environmental Quality (CEQ) 
regulation implementing the National Environmental Policy Act (NEPA) at 
40 CFR 1506.6, BOEMRE announces the availability of an EA, a Finding of 
No New Significant Impact (FONNSI), and a ROD on whether to approve, 
approve with modifications, or disapprove a Construction and Operations 
Plan (COP) for the Cape Wind Energy Project located on the Outer 
Continental Shelf (OCS) in Nantucket Sound, off the coast of 
Massachusetts. BOEMRE prepared the EA to determine whether there are 
any substantial changes in the proposed action or whether there is new 
information since the first ROD (2010 ROD) approving the issuance of a 
lease to Cape Wind Associates (CWA) that would require preparation of a 
Supplemental Environmental Impact Statement (SEIS). This EA was also 
prepared to assist BOEMRE in deciding whether to approve, approve with 
modifications, or disapprove CWA's COP for a commercial wind facility. 
On the basis of the analysis contained in the EA, BOEMRE has determined 
that a SEIS is not required and has prepared a FONNSI supporting that 
determination (See Section 2 of this notice). After careful 
consideration, BOEMRE has decided to issue this second ROD (2011 ROD) 
approving CWA's COP with modifications (See Section 3 of this notice).
    Availability: The EA, FONNSI, and ROD are available at http://www.boemre.gov/offshore/RenewableEnergy/CapeWind.htm.

FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEMRE Office of 
Offshore Alternative Energy Programs, 381 Elden Street, MS 4090, 
Herndon, Virginia 20170-4817, (703) 787-1340 or 
[email protected].

    Authority: The NOA of an EA, FONNSI, and ROD is published 
pursuant to 43 CFR 46.305.

SUPPLEMENTARY INFORMATION:

1. Background

    In November 2001, CWA applied for a permit from the U.S. Army Corps 
of Engineers (USACE) under the Rivers and Harbors Act of 1899 to 
proceed with its proposal to construct an offshore wind power facility 
on the OCS in Nantucket Sound, on Horseshoe Shoal. In 2005, the Energy 
Policy Act of 2005 (EPAct) was passed amending the Outer Continental 
Shelf Lands Act (OCSLA). The OCSLA amendments granted the Secretary of 
the Department of the Interior (DOI) the authority to issue leases, 
easements, or rights-of-way for renewable energy projects on the OCS. 
The Secretary delegated that authority to the Minerals Management 
Service (now BOEMRE). During the fall of 2005, BOEMRE reviewed the CWA 
proposal and determined that BOEMRE would proceed with the review by 
preparing a Cape Wind Draft Environmental Impact Statement (DEIS).
    BOEMRE published the DEIS on January 18, 2008 (73 FR 3482), which 
was followed by publication of the Final Environmental Impact Statement 
(FEIS) (74 FR 3635) on January 21, 2009. On May 4, 2010, BOEMRE 
published the NOA of the 2010 EA (75 FR 23798) and the NOA of the 2010 
ROD, which authorized the issuance of a lease to CWA (75 FR 34152). On 
October 6, 2010, BOEMRE and CWA signed a lease, effective on November 
1, 2010, that granted CWA the exclusive right to submit, for BOEMRE's 
approval, a COP detailing the construction, operation, and 
decommissioning of its proposed project. CWA submitted its COP to 
BOEMRE on October 29, 2010, and a revised version of the COP on 
February 4, 2011.
    As detailed in the COP, the Proposed Action remains substantially 
the same as that described in the FEIS (FEIS, pp. 2-1 to 2-32). The 
Proposed Action calls for 130, 3.6 +/-MW wind turbine generators (WTG), 
each with a maximum blade height of 440 feet (ft), to be constructed in 
a grid pattern on the OCS in Nantucket Sound offshore Cape Cod, 
Martha's Vineyard, and Nantucket Island, Massachusetts (the Islands). 
With a maximum electric output of 468 MW and an average anticipated 
output of approximately 182 MW, the facility is projected to generate

[[Page 22720]]

up to three-quarters of Cape Cod and the Islands' annual electricity 
demand. Each of the 130 WTGs will generate electricity independently. 
Solid dielectric submarine inner-array cables (33 kilovolt) from each 
WTG will interconnect within the array and terminate on an electrical 
service platform (ESP), which will serve as the common interconnection 
point for all of the WTGs. The proposed submarine transmission cable 
system (115 kilovolt) running from the ESP to the landfall location in 
Yarmouth would be approximately 12.5 miles (mi.) in length (7.6 mi. of 
which would fall within Massachusetts' territory).

2. Environmental Assessment and Finding of No New Significant Impact

    BOEMRE prepared an EA in order to determine whether an SEIS is 
required and to assist BOEMRE in deciding whether to approve, approve 
with modifications, or disapprove CWA's application to construct, 
operate, and decommission a commercial wind facility in Nantucket Sound 
off the coast of Massachusetts as described in the FEIS and its COP. In 
accordance with CEQ regulations, the EA examined whether there are any 
``substantial changes in the proposed action that are relevant to 
environmental concerns'' or ``significant new circumstances or 
information relevant to environmental concerns and bearing on the 
proposed action'' that either were not fully discussed in the FEIS or 
did not exist at the time the 2010 ROD was issued (40 CFR 1502.9).
    BOEMRE sought public input during its review of the Cape Wind COP 
by posting the COP, as well the Notice of Preparation of an EA for the 
purpose stated above, on the BOEMRE Web site, which announced the start 
of the public comment period on February 22, 2011. Consulting parties 
and local governments were informed of the comment period via e-mail, 
which provided the BOEMRE Web site and address for comments. 
Approximately 160 comments were received and are available at http://www.regulations.gov/#!docketDetail;rpp=10;po=0;D=BOEM-2011-0007. Issues 
that BOEMRE considered include: Additional surveys and sampling; 
conflicts with aviation traffic and fishing use; emergency response; 
migratory birds; microclimate; oil within wind turbine generators; 
sloshing dampers; transition piece grout; permits issued by other 
Federal agencies; and consultations with other agencies.
    As a result of its review described in the EA, BOEMRE found no 
substantial changes in the proposed action or new information that 
would require it to supplement the analysis in the FEIS, and prepared a 
FONNSI.

3. Record of Decision

    In preparing its decision on whether or not to approve the Cape 
Wind Energy Project COP, BOEMRE considered alternatives to the Proposed 
Action, the impacts as presented in the FEIS, and all comments received 
throughout the NEPA process. The FEIS assessed the physical, biological 
and socioeconomic impacts of the Proposed Action and 13 alternatives, 
including a no-action alternative. Since publication of the FEIS in 
January 2009, BOEMRE prepared two EAs to evaluate whether substantial 
changes in the proposed action that are relevant to environmental 
concerns or significant new circumstances or information relevant to 
environmental concerns and bearing on the proposed action were either 
not fully discussed or did not exist at the time of the preparation of 
the FEIS such that BOEMRE would be required to supplement the FEIS.
    After careful consideration, BOEMRE, as documented in the 2011 ROD, 
has decided to approve CWA's COP with modifications. The subjects of 
the additional terms and conditions included in the COP include: Scour 
and benthic monitoring; turbine foundations; compliance with other 
Federal laws; compliance with generally accepted industry standards; 
certified verification agent nomination; safety management system; 
contractor's responsibilities; operations and maintenance plan; 
avoidance of cultural resources; supplementary surveys; and sloshing 
dampers.

    Dated: April 18, 2011.
L. Renee Orr,
Acting Associate Director for Offshore Energy and Minerals Management.
[FR Doc. 2011-9779 Filed 4-21-11; 8:45 am]
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