Isis Johnson Environmental Protection Specialist Bureau of Ocean Energy Management Office of Renewable Energy Programs April 28, 2016

2 Presentation Overview National Environmental Policy Act Scoping Environmental Assessments and Consultations Post-Lease Issuance Environmental Studies Program Questions

National Environmental Policy Act (NEPA) NEPA NEPA is a procedural law that requires Federal agencies to assess the environmental effects of their proposed action(s), and reasonable alternatives, prior to making decisions. Major Actions/Decision Points Lease Issuance (survey work) Plan Approval (Site Assessment, Construction and Operation, or General Activities) Decommissioning Activities BOEM NEPA Process Scoping Environmental Assessment Notice of Availability Finding of No Significant Impact or Environmental Impact Statement Comment periods and opportunities for stakeholder involvement are present throughout

Scoping and Notice of Intent (NOI) NOI The NOI to prepare an Environmental Assessment is a Federal Register Notice published to: Notify the public of BOEM’s intent to prepare an EA Solicit input on what resources and issues BOEM should consider in the EA Identify alternatives to be considered in the EA May 28, 2014 The New York NOI was published in the Federal Register on May 28, 2014.

proposed action BOEM is preparing an EA, which involves the development and analysis of the proposed action: Lease issuanceLease issuance - site characterization activities (i.e. surveys) Site assessment activitiesSite assessment activities - (e.g., construction and operation of a meteorological tower and/or buoys) Analyze environmental and socioeconomic resources

NOT Proposed Action: What is NOT Considered at this Stage? Installation, operation, and decommissioning of a commercial wind energy facility construction and operations plan If an eventual lessee were to submit a construction and operations plan (COP), BOEM would conduct a project specific environmental analysis, likely an EIS

Impact Producing Factors Vessel Traffic Noise (Pile Driving, Surveys) Vessel Collisions/Allisions Bottom Disturbance Emissions and Discharges Lighting Visual Impacts

Environmental and Socioeconomic Resources Considered Physical Air Quality Water Quality Biological Marine Mammals Sea Turtles Fish and Essential Fish Habitat (EFH) Coastal Habitats Benthic Resources Avian and Bat Species Socioeconomic Commercial and Recreational Fishing Activities Aesthetics and Visual Impacts Cultural Resources Military Uses Environmental Justice Land Use and Coastal Infrastructure Tourism and Recreation Demographics and Employment

9 Environmental Consultations NHPA National Historic Preservation Act (NHPA) Section 106 requires Federal agencies to take in to account the effects of their undertakings on cultural resources Requires BOEM to identify the appropriate consulting parties, identify cultural resources, assess impacts and mitigate potential adverse effects ESA Endangered Species Act (ESA) Section 7 requires consultation when BOEM believes a proposed action may affect ESA-listed species or adversely modify designated critical habitat BOEM will coordinate with the National Marine Fisheries Service (NMFS) and U.S Fish and Wildlife Service (FWS)

10 Environmental Consultations (, EFH) Magnuson-Stevens Fishery Conservation and Management Act (Essential Fish Habitat, EFH) If BOEM funds, permits, or undertakes activities that may adversely affect EFH, BOEM is required to consult with NMFS MMPA Marine Mammal Protection Act (MMPA) All marine mammals are protected under the MMPA, which prohibits (with certain exceptions) the “take” of marine mammals in U.S waters. The Lessee would consult with NMFS regarding any potential take of marine mammals under the proposed action CZMA Coastal Zone Management Act (CZMA) Federal actions that are reasonably likely to affect coastal use or coastal resource must be “consistent to the maximum extent practicable” with relevant enforceable policies of the State’s federally approved coastal management program BOEM would coordinate appropriately with the New York Department of State

Addendum C : Addendum C : Environmental Lease Stipulations Standard operating conditions part of EA’s proposed action Developed through environmental review process and consultations Addendum C only addresses activities from lease issuance to the submittal of a plan Additional construction and/or operation stipulations will be included as terms and conditions of plan approval

Addendum C : Addendum C : Environmental Lease Stipulations Vessel strike avoidance Archeological survey requirements HRG and Geotechnical survey requirements Reporting Requirements

13 Scoping Publish NOI 30 Day Comment Period Environmental Consultations run concurrently with EA prep Prepare EA with cooperating agencies considering public input Publish NOA 30 Day Comment Period Conclude consultations - revise EA if necessary based on public comment and/or consultations FONSI OR Prepare EIS Overview: Standard NEPA Process

Site Assessment Plans (SAPs) BOEM would determine if the NY EA and consultations adequately consider the proposed activities Unless effects are significantly different, no additional NEPA required

Construction and Operations Plans (COPs) BOEM will conduct a site/project specific environmental review, most likely an Environmental Impact Statement, and additional consultations Additional opportunities for public comment

Environmental Studies Program Conducts studies that fill data gaps and inform BOEM environmental documents and decision makers BOEM is partnering with the New York State University at Stony Brook to tag and acoustically track fish movements in the New York Wind Energy Area Acoustic telemetry Atlantic sturgeon, black sea bass, winter flounder, and summer flounder This $800K project was made possible through matching funds from the NY Department of Environmental Conservation.

New York Studies of Interest Ongoing: Socio-Economic Impact of OCS Wind Development on Fishing to assess the potential socio-economic burdens or benefits to commercial fishing along the Atlantic coast evaluate potential displacement/fishing effort changes and economic impacts from site development September 2015 Draft report submitted September 2015

New York Studies of Interest Ongoing: The Identification of Port Modifications and the Environmental and Socioeconomic Consequences Determine capacity where current ports could potentially handle OSC wind projects Determine potential environmental and socioeconomic consequences from modifications to ports May 2016 Report to be published May 2016

New York Studies of Interest Integrative Statistical Modeling and Predictive Mapping of Seabird Distribution and Abundance on the Atlantic Outer Continental Shelf Incorporate all available science-quality seabird survey data into high-resolution predictive maps Provide easily understandable information about the distribution of birds to aid offshore siting decisions and reduce the risk of impacts to birds August 31, 2016 Final report due August 31, 2016

New York Studies of Interest Completed: New Jersey’s Recreational and Commercial Ocean Fishing Grounds Digital Conversion of a fishing grounds atlas published by the New Jersey Department of Environmental Protection in 1982

New York Studies of Interest Renewable Energy Viewshed Analysis and Visualization Simulation for the New York Call Area Characterize the potential onshore visibility of a hypothetical commercial- scale offshore wind project from locations along the coasts of New York and New Jersey.

New York Studies of Interest Inventory and Analysis of Archaeological Site Occurrence on the Atlantic Outer Continental Shelf Evaluate current theories on prehistoric settlement patterns and regional geology on the Atlantic OCS where submerged prehistoric sites might be located Provide historic context /database of historic shipwrecks within the Atlantic OCS region

Other Data Sources MarineCadastre.gov Partnership between NOAA and BOEM that provides data, tools, and technical support for ocean and Great Lakes planning. MarineCadastre.gov was designed specifically to support renewable energy siting on the OCS midatlanticocean.org/data-portal Online toolkit and resource center through MARCO that consolidates available data and enables users to visualize and analyze information such as fishing grounds, recreational areas, shipping lanes, habitat areas, and energy sites, among others

Questions? Isis Johnson Environmental Protection Specialist Office of Renewable Energy Programs, Environment Branch Bureau of Ocean Energy Management Office (703) Fax (703)