[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Notices]
[Pages 35329-35333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14220]


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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2021-0040]


Notice of Intent To Prepare an Environmental Impact Statement for 
Proposed Wind Energy Facility Offshore Virginia

AGENCY: Bureau of Ocean Energy Management, Interior.

ACTION: Notice of intent to prepare an environmental impact statement; 
request for comments.

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SUMMARY: Consistent with the regulations implementing the National 
Environmental Policy Act (NEPA), the Bureau of Ocean Energy Management 
(BOEM) announces its intent to prepare an environmental impact 
statement (EIS) for the review of a construction and operations plan 
(COP) submitted by Dominion Energy, Inc. (Dominion or applicant). The 
COP proposes the construction and operation of a wind energy facility 
offshore Virginia, called the Coastal Virginia Offshore Wind Commercial 
Project (CVOW-C or Project), with export cables and the cable landing 
locations in the area of Hampton Roads, Virginia. The onshore 
electrical portion will connect to the Pennsylvania-New Jersey-Maryland 
(PJM) regional transmission grid. This notice of intent (NOI) announces 
the EIS scoping process for the Dominion COP. Additionally, this NOI 
seeks public comment and input under section 106 of the National 
Historic Preservation Act (NHPA) and its implementing regulations. 
Detailed information about the proposed wind energy facility, including 
the COP, can be found on BOEM's website at: https://www.boem.gov/CVOW-C.

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DATES: Comments are due to BOEM by August 2, 2021.
    BOEM will hold virtual public scoping meetings for the CVOW-C EIS 
at the following dates and times (eastern):
    Monday, July 12, 2021, 5:00 p.m.
    Wednesday, July 14, 2021, 1:00 p.m.
    Tuesday, July 20, 2021, 5:00 p.m.

ADDRESSES: Comments can be submitted in any of the following ways:
     Delivered by U.S. mail or any other delivery service, 
enclosed in an envelope labeled, ``CVOW-C COP EIS'' and addressed to 
Program Manager, Office of Renewable Energy, Bureau of Ocean Energy 
Management, 45600 Woodland Road, Sterling, Virginia 20166, or
     Through the regulations.gov web portal: Navigate to http://www.regulations.gov and search for Docket No. BOEM-2021-0040. Click on 
the ``Comment'' button to the right of the document link. Enter your 
information and comment, then click ``Submit.''

FOR FURTHER INFORMATION CONTACT: Michelle Morin, BOEM Office of 
Renewable Energy Programs, 45600 Woodland Road, Sterling, Virginia 
20166, (703) 787-1340 or [email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

    In Executive Order 14008, President Biden stated that it is the 
policy of the United States ``to organize and deploy the full capacity 
of its agencies to combat the climate crisis to implement a Government-
wide approach that reduces climate pollution in every sector of the 
economy; increases resilience to the impacts of climate change; 
protects public health; conserves our lands, waters, and biodiversity; 
delivers environmental justice; and spurs well-paying union jobs and 
economic growth, especially through innovation, commercialization, and 
deployment of clean energy technologies and infrastructure.''
    Through a competitive leasing process under 30 CFR 585.211, 
Dominion was awarded Commercial Lease OCS-A 0483 covering an area 
offshore Virginia (the Lease Area). Dominion has the exclusive right to 
submit a COP for activities within the Lease Area, and it has submitted 
a COP to BOEM proposing the construction and installation, operations 
and maintenance, and conceptual decommissioning of an offshore wind 
energy facility in the Lease Area.
    The goal of CVOW-C is to develop a commercial-scale, offshore wind 
energy facility in the Lease Area with up to 205 wind turbine 
generators, inter-array cables, up to three offshore substations, and 
two cable landing locations located within existing parking lots in the 
State Military Reservation, the Croatan Beach Parking Lot in Virginia 
Beach, or both. The onshore electrical portion of the Project will 
connect to the PJM regional transmission grid. The Project will 
contribute to the goals of the 2020 law passed by the Virginia General 
Assembly, the Virginia Clean Economy Act (VCEA), which supports 
development of 2,500 to 3,000 megawatts (MW) of clean, reliable 
offshore wind energy by 2028. Furthermore, Dominion's stated purpose 
and need to construct and operate a commercial-scale, offshore wind 
energy facility in the Lease Area is to help fulfill the Commonwealth 
of Virginia's renewable energy goals.
    Based on Dominion's goals and BOEM's authority, the purpose of 
BOEM's action is to respond to Dominion's COP proposal and determine 
whether to approve, approve with modifications, or disapprove 
Dominion's COP to construct and install, operate and maintain, and 
decommission a commercial-scale, offshore wind energy facility within 
the Lease Area (the Proposed Action). BOEM's action is needed to 
further the United States policy to make Outer Continental Shelf (OCS) 
energy resources available for expeditious and orderly development, 
subject to environmental safeguards (43 U.S.C. 1332(3)), including 
consideration of natural resources, safety of navigation, and existing 
ocean uses.
    In addition, the National Oceanic and Atmospheric Administration's 
(NOAA) National Marine Fisheries Service (NMFS) anticipates receipt of 
one or more requests for authorization to take marine mammals 
incidental to activities related to the Project pursuant to the Marine 
Mammal Protection Act (MMPA). NMFS's issuance of an MMPA incidental 
take authorization 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 Dominion's 
request for authorization to take marine mammals incidental to the 
Project (specifically pile driving)--is to evaluate the information in 
Dominion's application pursuant to the MMPA and 50 CFR part 216 and to 
issue the requested incidental take authorizations, if appropriate. The 
need for the NMFS action is to consider the impacts of authorizing the 
requested take on marine mammals and their habitat. NMFS's 
responsibilities under the MMPA (16 U.S.C. 1371(a)(5)(D)) and its 
implementing regulations establish and frame the need for NMFS's 
action. NMFS will be a consulting agency during BOEM's environmental 
review of Dominion's COP and intends to adopt BOEM's EIS to support any 
requested MMPA incidental take authorizations.
    The U.S. Army Corps of Engineers Norfolk District (USACE) 
anticipates a permit action to be undertaken through authority 
delegated to the District Engineer by 33 CFR 325.8, pursuant to section 
10 of the Rivers 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). The USACE 
considers issuance of a permit under these two delegated authorities a 
major Federal action connected to BOEM's proposed action (40 CFR 
1501.9(e)(1)). The applicant's stated purpose and need for the Project, 
as indicated in paragraph 3 of this section, is to provide a 
commercially viable, offshore wind energy project within the Lease Area 
to meet Virginia's need for clean energy. The basic Project purpose, as 
determined by USACE, is the construction and operation of a commercial-
scale, offshore wind energy project, including associated transmission 
lines, for renewable energy generation and distribution to the PJM 
energy grid. The USACE will be a consulting agency during BOEM's 
environmental review of Dominion's COP and intends to adopt BOEM's EIS 
to support its decision on any permits required under section 10 of the 
RHA or section 404 of the CWA.

Preliminary Proposed Action and Alternatives

    The Proposed Action is the construction and operation of a wind 
energy facility, as described in the COP submitted by Dominion on the 
area covered by Lease OCS-A 0483. In its COP, Dominion is proposing to 
develop the Project to provide between 2,500 and 3,000 MW of clean, 
reliable offshore wind energy to Virginia consumers.
    The Project will involve the construction and operation of up to 
205 wind turbine generators (WTG) and associated WTG foundations, up to 
three offshore substations, up to approximately 301 miles of inter-
array cables, and up to two cable onshore landing locations. The 
onshore electrical portion will connect to the PJM regional 
transmission grid. The WTG foundations will be monopiles with 
associated support and access structures. The WTGs, offshore 
substations, and inter-array cables will be located within the Lease 
Area on the

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OCS approximately 27 statute miles offshore Virginia Beach. The 
offshore export cables will be buried below the seabed in the OCS and 
Virginia submerged lands. Export cables and two onshore cable landing 
locations will be located within existing parking lots at the State 
Military Reservation ( ), Croatan Beach in Virginia Beach, or both.
    In addition to the Proposed Action and the no action alternative, 
potential alternatives that the draft EIS could analyze include no-
surface occupancy areas within the Lease Area, navigation corridors 
within the Lease Area, and time of year restrictions during 
construction. Reasonable alternatives that are identified during the 
scoping period will be evaluated in the draft EIS. Under the no action 
alternative, BOEM would disapprove the COP, and Dominion's wind energy 
facility described in the COP would not be built in the Lease Area.
    Once BOEM completes the EIS and associated consultations, BOEM will 
decide whether to approve, approve with modification, or disapprove 
Dominion's COP. If BOEM approves the COP and the Project is 
constructed, the lessee must submit a plan, before the end of the lease 
term, to decommission the facilities.

Summary of Expected Impacts

    The draft EIS will identify and describe the potential effects of 
the Proposed Action on the human environment that are reasonably 
foreseeable and have a reasonably close causal relationship to the 
Proposed Action. This includes such effects that occur at the same time 
and place as the Proposed Action or alternatives and such effects that 
are later in time or occur in a different place. Expected potential 
impacts may include, but are not limited to, impacts (both beneficial 
and adverse) to air quality, water quality, bats, benthic habitat, 
essential fish habitat, invertebrates, finfish, birds, marine mammals, 
terrestrial and coastal habitats and fauna, sea turtles, wetlands and 
other waters of the United States, commercial fisheries and for-hire 
recreational fishing, cultural resources, demographics, employment, 
economics, environmental justice, land use and coastal infrastructure, 
navigation and vessel traffic, other marine uses, recreation and 
tourism, and visual resources. These expected potential impacts will be 
analyzed in the draft and final EIS.
    Based on a preliminary evaluation of the resources listed above, 
BOEM expects potential impacts to sea turtles and marine mammals from 
underwater noise caused by construction and from collisions with 
Project-related vessel traffic. Structures installed by the Project 
could permanently change benthic habitat and other fish habitat. 
Commercial fisheries and for-hire recreational fishing may be impacted. 
Project structures above the water may affect the visual character that 
defines historic properties and recreation and tourism areas. Project 
structures could pose an allision and height hazard to vessels passing 
close by, and vessels could in turn pose a hazard to the structures. 
Additionally, the Project may adversely impact military use, air 
traffic, land-based radar services, cables and pipelines, scientific 
surveys, and any future mineral extraction. Beneficial impacts are also 
expected by facilitating achievement of State renewable energy goals, 
increasing job opportunities, improving air quality, and reducing 
carbon emissions. The EIS will analyze measures that would avoid, 
minimize, or mitigate potential environmental effects.

Anticipated Permits and Authorizations

    In addition to the requested COP approval, various other Federal, 
State, and local authorizations will be required for the Project. In 
addition to those previously discussed (i.e., NHPA, MMPA, RHA, and 
CWA), these include authorizations under the Endangered Species Act, 
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, 
Coastal Zone Management Act, and other laws and regulations determined 
to be applicable to the Project. BOEM will also conduct government-to-
government consultations with federally recognized tribes. For a full 
listing of regulatory requirements applicable to the CVOW-C Project, 
please see the COP, volume I available at https://www.boem.gov/CVOW-C.
    BOEM has chosen to use the NEPA substitution process to fulfill its 
obligations under NHPA. While BOEM's obligations under NHPA and NEPA 
are independent, the regulations implementing NHPA allow for the use of 
NEPA review to substitute for various aspects of NHPA's section 106 (54 
U.S.C. 306108) review to improve efficiency, promote transparency and 
accountability, and support a broadened discussion of potential effects 
that a project may have on the human environment. As provided in 36 CFR 
800.8(c), the NEPA process and documentation required for the 
preparation of an EIS and record of decision (ROD) can be used to 
fulfill a lead Federal agency's NHPA section 106 review obligations in 
lieu of the procedures set forth in 36 CFR 800.3 through 800.6. During 
preparation of the EIS, BOEM will ensure that the NEPA substitution 
process will meet its NHPA obligations in a manner that successfully 
utilizes this alternative process.

Schedule for the Decision-Making Process

    After the draft EIS is completed, BOEM will publish a notice of 
availability (NOA) and request public comments on the draft EIS. BOEM 
expects to issue the NOA in August 2022. After the public comment 
period ends, BOEM will review and respond to comments received and will 
develop the final EIS. BOEM expects to make the final EIS available to 
the public in May 2023. A ROD will be completed no sooner than 30 days 
after the final EIS is released, in accordance with 40 CFR 1506.11.
    Scoping Process: This NOI commences the public scoping process for 
identifying issues and potential alternatives for consideration in the 
CVOW-C EIS. Throughout the scoping process, Federal agencies; State, 
tribal, and local governments; and the general public have the 
opportunity to help BOEM determine significant resources and issues, 
impact-producing factors, reasonable alternatives (e.g., size, 
geographic, seasonal, or other restrictions on construction and siting 
of facilities and activities), and potential mitigation measures to be 
analyzed in the EIS as well as to provide additional information.
    In the interests of efficiency, completeness, and facilitating 
public involvement, BOEM will use the NEPA process to fulfill NHPA's 
public involvement requirements under 36 CFR 800.2(d). BOEM will 
involve the public, State and local governments, Indian tribes, and 
Dominion as consulting parties under NHPA. Also, BOEM will identify 
potential consulting parties by considering all written requests from 
individuals and organizations to participate as consulting parties.
    BOEM will hold virtual public scoping meetings for the CVOW-C EIS 
at the following dates and times (eastern):
     Monday, July 12, 2021, 5:00 p.m.;
     Wednesday, July 14, 2021, 1:00 p.m.; and
     Tuesday, July 20, 2021, 5:00 p.m.
    Registration for the virtual public meetings may be completed here: 
https://www.boem.gov/CVOW-C-Scoping-Virtual-Meetings.
    NEPA Cooperating Agencies: BOEM invites other Federal agencies and 
State, tribal, and local governments to

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consider becoming cooperating agencies in the preparation of this EIS. 
The Council on Environmental Quality's (CEQ) NEPA-implementing 
regulations specify that qualified agencies and governments are those 
with ``jurisdiction by law or special expertise.'' Potential 
cooperating agencies should consider their authority and capacity to 
assume the responsibilities of a cooperating agency and should be aware 
that an agency's role in the environmental analysis neither enlarges 
nor diminishes the final decision-making authority of any other agency 
involved in the NEPA process.
    Upon request, BOEM will provide potential cooperating agencies with 
a written summary of expectations for cooperating agencies, including 
time schedules, milestones, responsibilities, scope and detail of 
cooperating agencies' contributions, and availability of pre-decisional 
information. BOEM anticipates this summary will form the basis for a 
memorandum of agreement between BOEM and any non-Department of the 
Interior cooperating agency. Agencies also should consider the factors 
for determining cooperating agency status in CEQ's January 30, 2002, 
memorandum entitled ``Cooperating Agencies in Implementing the 
Procedural Requirements of the National Environmental Policy Act.'' 
This document is available at: http://energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/G-CEQ-CoopAgenciesImplem.pdf.
    BOEM, as the lead agency, will not provide financial assistance to 
cooperating agencies. Even if a governmental entity is not a 
cooperating agency, it will have opportunities to provide information 
and comments to BOEM during the public input stages of the NEPA 
process.
    NHPA Consulting Parties: Certain individuals and organizations with 
a demonstrated interest in the Project may request to participate as 
NHPA consulting parties under 36 CFR 800.2(c)(5) based on their legal 
or economic stake in historic properties affected by the Project. 
Additionally, the same provision allows those with concerns about the 
Project's effect on historic properties to request to be consulting 
parties.
    Before issuing this NOI, BOEM compiled a list of potential 
consulting parties and invited them in writing to become consulting 
parties. To become a consulting party, those invited must respond in 
writing, preferably by the requested response date.
    Interested individuals or organizations that did not receive an 
invitation may request to be consulting parties by writing to the 
appropriate staff at ICF Consulting (ICF), which is supporting BOEM in 
its administration of this review. ICF's contact for this Project is 
Susan Lassell at [email protected] or 916-231-7612. BOEM will 
determine which interested parties should be NHPA consulting parties.
    Comments: Federal agencies, tribal, State, and local governments, 
and other interested parties are requested to comment on the scope of 
this EIS, significant issues that should be addressed, potential 
mitigation measures that should be included, and alternatives that 
should be considered. For information on how to submit comments, see 
the Addresses section above.
    BOEM does not consider anonymous comments. Please include your name 
and address as part of your comment. BOEM makes all comments, including 
the names, addresses, and other personally identifiable information 
included in the comment, available for public review online. 
Individuals may request that BOEM withhold their names, addresses, and 
other personally identifiable information from the public record; 
however, BOEM cannot guarantee that it will be able to do so. For BOEM 
to withhold from disclosure your personally identifiable information, 
you must identify any information contained in your comment that, if 
released, would constitute a clearly unwarranted invasion of your 
privacy. You also must briefly describe any possible harmful 
consequences of the disclosure of information, such as embarrassment, 
injury, or other harm. All submissions from organizations or businesses 
and from individuals identifying themselves as representatives or 
officials of organizations or businesses will be made available for 
public inspection in their entirety.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    BOEM requests data, comments, views, information, analysis, 
alternatives, or suggestions on the Proposed Action from the public; 
affected Federal, State, tribal, and local governments, agencies, and 
offices; the scientific community; industry; or any other interested 
party. Specifically:
    1. Potential effects that the Proposed Action could have on 
biological resources, including bats, birds, coastal fauna, finfish, 
invertebrates, essential fish habitat, marine mammals, and sea turtles.
    2. Potential effects that the Proposed Action could have on 
physical resources, including air quality, water quality, and wetlands 
and other waters of the United States.
    3. Potential effects that the Proposed Action could have on 
socioeconomic and cultural resources, including commercial fisheries 
and for-hire recreational fishing, demographics, employment, economics, 
environmental justice, land use and coastal infrastructure, navigation 
and vessel traffic, other uses (marine minerals, military use, 
aviation), recreation and tourism, and scenic and visual resources.
    4. Other possible reasonable alternatives to the Proposed Action 
that BOEM should consider, including additional or alternative 
avoidance, minimization, and mitigation measures.
    5. As part of its compliance with NHPA section 106 and its 
implementing regulations (36 CFR part 800), BOEM seeks public comment 
and consulting parties input regarding the identification of historic 
properties within the Proposed Action's area of potential effects and 
the potential effects to those historic properties from the activities 
proposed under the COP. BOEM also solicits proposed measures to avoid, 
minimize, or mitigate any adverse effects on historic properties. 
Consistent with confidentiality requirements, BOEM will present 
available information regarding known historic properties during the 
public scoping period. BOEM's effects analysis for historic properties 
will be available for public and consulting party comment in the draft 
EIS.
    6. Information on other current or planned activities in, or in the 
vicinity of, the Proposed Action and possible impacts on the Project or 
the Project's impacts on those activities.
    7. Other information relevant to the Proposed Action and its 
impacts on the human environment.
    To promote informed decision-making, comments should be as specific 
as possible and should provide as much detail as necessary to allow a 
commenter's meaningful participation and fully inform BOEM of the 
commenter's position. Comments should explain why the issues raised are 
important to the consideration of potential environmental impacts and 
alternatives to the Proposed Action, as well as economic, employment, 
and other impacts affecting the quality of the human environment.
    The draft EIS will include a summary of all alternatives, 
information, and analyses submitted for consideration by BOEM during 
the scoping process.


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    Authority: This NOI is published pursuant to NEPA, 42 U.S.C. 
4321 et seq., and 40 CFR 1501.9.

William Yancey Brown,
Chief Environmental Officer, Bureau of Ocean Energy Management.
[FR Doc. 2021-14220 Filed 7-1-21; 8:45 am]
BILLING CODE 4310-MR-P