Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New England Wind Project Offshore Massachusetts

Federal RegisterJun 8, 2023

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 217

[Docket No. 230530-0140]

RIN 0648-BL96

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New England Wind Project Offshore Massachusetts

AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION:

Proposed rule; proposed letter of authorization; request for comments.

SUMMARY:

NMFS has received a request from Park City Wind, LLC (Park City Wind) for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act (MMPA). The requested regulations would govern the authorization of take, by Level A harassment and/or Level B harassment, of small numbers of marine mammals over the course of 5 years (2025-2030) incidental to construction of the New England Wind Project. Park City Wind proposes to develop the New England Wind Project in two phases, known as Park City Wind (Phase 1) and Commonwealth Wind (Phase 2). Project activities that may result in incidental take include pile driving (impact and vibratory), drilling, unexploded ordnance or munitions and explosives of concern (UXO/MEC) detonation, and vessel-based site assessment surveys using high-resolution geophysical (HRG) equipment. NMFS requests comments on this proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency responses to public comments will be summarized in the final rule, if issued. If adopted, the proposed regulations would be effective March 27, 2025, through March 26, 2030.

DATES:

Comments and information must be received no later than July 10, 2023.

ADDRESSES:

Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to

www.regulations.gov

and enter NOAA-NMFS-2023-0080 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments.

Instructions:

Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on

www.regulations.gov

without change. All personal identifying information (

e.g.,

name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT:

Jaclyn Daly, Office of Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

A copy of Park City Wind's Incidental Take Authorization (ITA) application and supporting documents, as well as a list of the references cited in this document, may be obtained online at

https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable.

In case of problems accessing these documents, please call the contact listed above (see

FOR FURTHER INFORMATION CONTACT

Purpose and Need for Regulatory Action

This proposed rule would provide a framework under the authority of the MMPA (16 U.S.C. 1361

et seq.

) to allow for the authorization of take of marine mammals incidental to construction of the New England Wind Project within the Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0534, the southwest (SW) portion of Lease Area OCS-A 0501, and along an export cable corridor to a landfall location in Massachusetts. NMFS received a request from Park City Wind for 5-year regulations and an LOA that would authorize take, by Level A harassment and/or Level B harassment, of 39 species of marine mammals incidental to Park City Wind's construction activities. After reviewing the request, NMFS is proposing to authorize the take, by harassment only, of 38 species, representing 38 stocks. No mortality or serious injury is anticipated or proposed for authorization. Please see the Estimated Take of Marine Mammals section below for definitions of relevant terms.

Legal Authority for the Proposed Action

The MMPA prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361

et seq.

) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made, regulations are promulgated, and public notice and an opportunity for public comment are provided.

Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to as “mitigation”); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth.

As noted above, no serious injury or mortality is anticipated or proposed for authorization in this proposed rule. Relevant definitions of MMPA statutory and regulatory terms are included below:

•

Citizen

—individual U.S. citizens or any corporation or similar entity if it is organized under the laws of the United States or any governmental unit defined in 16 U.S.C. 1362(13) (

see

50 CFR 216.103);

•

Take

—to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal (16 U.S.C. 1362);

•

Incidental taking

—an accidental taking. This does not mean that the taking is unexpected, but rather it includes those takings that are infrequent, unavoidable or accidental (see 50 CFR 216.103);

•

Serious Injury

—any injury that will likely result in mortality (50 CFR 216.3);

•

Level A harassment

—any act of pursuit, torment, or annoyance which has the potential to injure a marine mammal or marine mammal stock in the wild (16 U.S.C. 1362; 50 CFR 216.3); and

•

Level B harassment

—any act of pursuit, torment, or annoyance which

has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (16 U.S.C. 1362).

Section 101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR part 216, subpart I provide the legal basis for proposing and, if appropriate, issuing 5-year regulations and an associated LOA. This proposed rule also establishes required mitigation, monitoring, and reporting requirements for Park City Wind's activities.

Summary of Major Provisions Within the Proposed Action

The major provisions within this proposed rule are as follows:

• Authorize take of marine mammals by Level A harassment and/or Level B harassment.

• No mortality or serious injury of any marine mammal is proposed to be authorized;

• Establish a seasonal moratorium on foundation installation and UXO/MEC detonations during the months of highest North Atlantic right whale (

Eubalaena glacialis

) presence in the project area (no foundation installation or UXO/MEC detonation from January 1-April 30; no vibratory pile driving in May and December; impact pile driving and drilling activities would not be planned or occur in December unless due to unforeseen circumstances and only with NMFS' approval; UXO/MEC detonations would not be planned or occur in December or May unless due to unforeseen circumstances and only with NMFS' approval);

• Enhanced North Atlantic right whale clearance, shutdown and restart procedures May 1 through May 14 and November 1 through December 31 (if a seasonally-restricted activity is approved in December due to unforeseen circumstances);

• Require both visual and passive acoustic monitoring by trained, NOAA Fisheries-approved Protected Species Observers (PSOs) and Passive Acoustic Monitoring (PAM; where required) operators before, during, and after select activities;

• Require the use of sound attenuation device(s) during all foundation installation activities and UXO/MEC detonations to reduce noise levels;

• Delay the start of foundation installation and UXO/MEC detonations if a North Atlantic right whale is observed at any distance by PSOs or acoustically detected within certain distances;

• Delay the start of foundation installation and UXO/MEC detonations if other marine mammals are observed entering or within their respective clearance zones;

• Shut down pile driving (if feasible) if a North Atlantic right whale is observed or if other marine mammals enter their respective shut down zones;

• Implement sound field verification requirements during impact pile driving and UXO/MEC detonations to measure in situ noise levels for comparison against the model results;

• Implement soft-starts for impact pile driving and use the least hammer energy possible;

• Require PSOs to continue to monitor for the presence of marine mammals for 30 minutes after any impact pile driving occurs;

• Implement ramp-up for HRG site characterization survey equipment;

• Increase awareness of North Atlantic right whale presence through monitoring of the appropriate networks and Channel 16, as well as reporting any sightings to the sighting network;

• Implement various vessel strike avoidance measures;

• Implement Best Management Practices (BMPs) during fisheries monitoring surveys, such as removing gear from the water if marine mammals are considered at-risk or are interacting with gear; and

• Require frequent scheduled and situational reporting including, but not limited to, information regarding activities occurring, marine mammal observations and acoustic detections, and sound field verification monitoring results.

Under Section 105(a)(1) of the MMPA, failure to comply with these requirements or any other requirements in a regulation or permit implementing the MMPA may result in civil monetary penalties. Pursuant to 50 CFR 216.106, violations may also result in suspension or withdrawal of the Letter of Authorization (LOA) for the project. Knowing violations may result in criminal penalties under Section 105(b) of the MMPA.

National Environmental Policy Act (NEPA)

To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321

et seq.

) and NOAA Administrative Order (NAO) 216-6A, NMFS must evaluate the proposed action (

i.e.,

promulgation of regulations and subsequent issuance of a 5-year LOA) and alternatives with respect to potential impacts on the human environment.

Accordingly, NMFS proposes to adopt the BOEM's Environmental Impact Statement (EIS), provided our independent evaluation of the document finds that it includes adequate information analyzing the effects of promulgating the proposed regulations and LOA issuance on the human environment. NMFS is a cooperating agency on BOEM's EIS. BOEM's draft EIS, “New England Wind Draft Environmental Impact Statement (DEIS) for Commercial Wind Lease OCS-A0534”, was made available for public comment on December 23, 2022 (87 FR 78993), beginning the 60-day comment period ending on February 21, 2023. Additionally, BOEM held three virtual public hearings on January 27, February 1, and February 6, 2023.

Information contained within Park City Wind's incidental take authorization (ITA) application and this

Federal Register

document provide the environmental information related to these proposed regulations and associated 5-year LOA for public review and comment. NMFS will review all comments submitted in response to this notice of proposed rulemaking prior to concluding the NEPA process or making a final decision on the requested 5-year ITR and LOA.

Fixing America's Surface Transportation Act (FAST-41)

This project is covered under Title 41 of the Fixing America's Surface Transportation Act, or “FAST-41”. FAST-41 includes a suite of provisions designed to expedite the environmental review for covered infrastructure projects, including enhanced interagency coordination as well as milestone tracking on the public-facing Permitting Dashboard. FAST-41 also places a 2-year limitations period on any judicial claim that challenges the validity of a Federal agency decision to issue or deny an authorization for a FAST-41 covered project. 42 U.S.C. 4370m-6(a)(1)(A).

Park City Wind's proposed project is listed on the Permitting Dashboard, where milestones and schedules related to the environmental review and permitting for the project can be found at

https://www.permits.performance.gov/permitting-project/new-england-wind.

Summary of Request

On December 1, 2021, Park City Wind, a limited liability company registered in the State of Delaware and wholly owned subsidiary of Avangrid Renewables, LLC, submitted a request for the promulgation of regulations and issuance of an associated 5-year LOA to

take marine mammals incidental to construction activities associated with implementation of the New England Wind Project (hereafter “Project”) offshore of Massachusetts in the BOEM Lease Area OCS-A 0534 and the possible use of their southwest (SW) portion of Lease Area OCS-A 0501. The request was for the incidental, but not intentional, taking of a small number of 39 marine mammal species (comprising 38 stocks). Neither Park City Wind nor NMFS expects serious injury or mortality to result from the specified activities nor is any proposed for authorization.

Park City Wind is proposing to develop the Project in two phases with a maximum of 132 wind turbine generators (WTGs) and electrical service platforms (ESP) positions. Two positions may potentially have co-located ESPs (

i.e.,

two foundations installed at one grid position); hence, the 132 foundations would be installed at 130 positions in the lease area. Phase 1 would include 41 to 62 WTGs and 1 or 2 ESPs while Phase 2 would include 64 to 88 WTG/ESP positions (up to 3 of those positions will be occupied by ESPs). Four or five offshore export cables will transmit electricity generated by the WTGs to onshore transmission systems in the Town of Barnstable, Massachusetts.

In response to our questions and comments and following extensive information exchange between Park City Wind and NMFS, Park City Wind submitted a final revised application on July 13, 2022. NMFS deemed it adequate and complete on July 20, 2022. This final application is available on NMFS' website at

https://www.fisheries.noaa.gov/protected-resource-regulations.

On August 22, 2022, NMFS published a notice of receipt (NOR) of Park City Wind's adequate and complete application in the

Federal Register

(87 FR 51345), requesting public comments and information on Park City Wind's request during a 30-day public comment period. During the NOR public comment period, NMFS received comment letters from one private citizen and one non-governmental organization (ALLCO Renewable Energy Limited). NMFS has reviewed all submitted material and has taken the material into consideration during the drafting of this proposed rule. In January 2023 and again in March 2023, Park City Wind submitted memos to NMFS detailing updates and changes to their ITA application (“Application Update Report”). These are available on the NMFS website at

https://www.fisheries.noaa.gov/action/incidental-take-authorization-park-city-wind-llc-construction-new-england-wind-offshore-wind.

NMFS previously issued one Incidental Harassment Authorization (IHA) to Park City Wind for the taking of marine mammals incidental to marine site characterization surveys, using high-resolution geophysical (HRG) of the Project Phase 1 in the BOEM Lease Area OCS-A 0534 (87 FR 44087, July 07, 2022). NMFS has also previously issued another IHA to Avangrid Renewables, LLC (Avangrid), owner of Park City Wind, LLC, to take small numbers of marine mammals incidental to an HRG survey for a BOEM Lease Area (OCS-A 0508) off the coasts of North Carolina and Virginia (84 FR 31032, June 28, 2019). To date, Park City Wind and Avangrid have complied with all IHA requirements (

e.g.,

mitigation, monitoring, and reporting). Applicable monitoring results may be found in the Estimated Take of Marine Mammals section. If available, the full monitoring reports can be found on NMFS' website at

https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable.

On August 1, 2022, NMFS announced proposed changes to the existing North Atlantic right whale vessel speed regulations (87 FR 46921, August 1, 2022) to further reduce the likelihood of mortalities and serious injuries to endangered right whales from vessel collisions, which are a leading cause of the species' decline and a primary factor in an ongoing Unusual Mortality Event. Should a final vessel speed rule be issued and become effective during the effective period of this ITR (or any other MMPA incidental take authorization), the authorization holder would be required to comply with any and all applicable requirements contained within the final rule. Specifically, where measures in any final vessel speed rule are more protective or restrictive than those in this or any other MMPA authorization, authorization holders would be required to comply with the requirements of the rule. Alternatively, where measures in this or any other MMPA authorization are more restrictive or protective than those in any final vessel speed rule, the measures in the MMPA authorization would remain in place. The responsibility to comply with the applicable requirements of any vessel speed rule would become effective immediately upon the effective date of any final vessel speed rule and, when notice is published on the effective date, NMFS would also notify Park City Wind if the measures in the speed rule were to supersede any of the measures in the MMPA authorization such that they were no longer required.

Description of the Specified Activities

Overview

Park City Wind has proposed to construct and operate a wind energy facility in State and Federal waters in the Atlantic Ocean in lease area OCS-A 0534. This lease area is located within the Massachusetts Wind Energy Area (MA WEA) and adjacent to the Rhode Island/Massachusetts Wind Energy Area (RI/MA WEA). The Project will occupy all of Lease Area OCS-A 0534 and potentially a portion of Lease Area OCS-A 0501 in the event that Vineyard Wind 1 does not develop spare or extra positions included in Lease Area OCS-A 0501. If Vineyard Wind 1 does not develop spare or extra positions in Lease Area OCS-A 0501, those positions would be assigned to Lease Area OCS-A 0534. Accordingly, for the purposes of the LOA, Park City Wind has defined the Southern Wind Development Area (SWDA) as all of Lease Area OCS-A 0534 and the southwest portion of Lease Area OCS-A 0501.

The Project would consist of several different types of permanent offshore infrastructure, including wind turbine generators (WTGs) and associated foundations, ESPs, and offshore cabling. Onshore cabling, substations, and operations and maintenance (O&M) facilities are also planned. The Project is divided into two phases: Park City Wind (Phase 1) and Commonwealth Wind (Phase 2). Phase 1 would occupy 150-231 km

(37,066-57,081 acres) which would include 41-62 WTGs and 1-2 ESPs. Phase 1 includes two WTG foundation types: monopiles and piled jackets. The ESP(s) will also be supported by a monopile or jacket foundation. Strings of WTGs will connect with the ESP(s) via a submarine inter-array cable transmission system. Two high-voltage alternating current (HVAC) offshore export cables, up to 101 km (62.8 mi) in length per cable, would be installed within the SWDA. An Offshore Export Cable Corridor (OECC) would transmit electricity from the ESP(s) to a landfall site.

Phase 2 depends upon the final footprint of Phase 1. Phase 2 is expected to contain 64 to 88 WTGs and 1-3 ESP positions within an area ranging from 222-303 km

(54,857-74,873 acres). Phase 2 includes three general WTG foundation types: monopiles, jackets (with piles or suction buckets), or bottom-frame foundations (with piles or suction buckets). Inter-array cables will transmit electricity from the WTGs to

the ESP(s). The ESP(s) will also be supported by a monopile or jacket foundation (with piles or suction buckets). Two or three HVAC offshore export cables, each with a maximum length of 116-124 km (63-67 NM) per cable, will transmit power from the ESP(s) to shore. All Phase 2 offshore export cables are planned to use the same OECC as the Phase 1. Cables for Phase 1 and Phase 2 will diverge 2-3 km (1-2 mi) from shore to unique landfall locations.

The installation of WTGs and ESPs, would require impact and vibratory pile driving and drilling. Work would also include HRG vessel-based site characterization surveys using active acoustic sources with frequencies of less than 180 kHz and the potential detonations of 10 unexploded ordnances or Munitions and Explosives of Concern (UXO/MEC) of different charge weights. Additionally, project plans include trenching, laying, and burial activities associated with the installation of the export cable route from the ESP to the shore-based landing locations and the inter-array cables between turbines; site preparation work (

e.g.,

boulder removal); placement of scour protection around foundations; and several types of fishery and ecological monitoring surveys. Vessels would transit within the project area and between ports and the wind farm to transport crew, supplies, and materials to support pile installation. All offshore cables will connect to onshore export cables, substations, and grid connections, which would be located in Barnstable County, Massachusetts. Marine mammals exposed to elevated noise levels during impact and vibratory pile driving, drilling, detonations of UXOs, or site characterization surveys may be taken by Level A harassment and/or Level B harassment depending on the specified activity. No serious injury or mortality is anticipated or proposed for authorization.

Dates and Duration

Park City Wind anticipates that the Project activities with the potential to result in harassment of marine mammals would occur throughout all 5 years of the proposed regulations which, if promulgated, would be effective from March 27, 2025 through March 26, 2030. The estimated schedule, including dates and duration, for various activities is provided in Table 1 (also see Tables 1-3 in Application Update Report). However, this proposed rule considers the potential for activity schedules to shift. Detailed information about the activities themselves may be found in the

Detailed Description of the Specific Activities

subsection.

Table 1—Estimated Activity Schedule To Construct and Operate the Project

Project activity

Estimated schedule

Estimated duration

HRG Surveys

Q1 2025-Q4 2029

Any time of the year, up to 25 days per year.

Scour Protection Pre- or Post-Installation

Q1 2025-Q4 2029

Any time of the year.

WTG and ESP Foundation Installation, Schedule A

Q2-Q4 2026 and 2027

Up to 8 months per year.

WTG and ESP Foundation Installation, Schedule B

Q2-Q4 2026, 2027, and 2028

Up to 8 months per year.

Horizontal Directional Drilling at Cable Landfall Sites

Q4 2025-Q2 2026

Up to 150 days.

UXO/MEC Detonations

Q2-Q4 2025 and 2026

Up to 6 days in 2025 and 4 days in 2026. No more than 10 days total.

Inter-array Cable Installation

Q3-Q4 2026 and Q2 2027-Q2 2028

Phase 1: 5 months;

Phase 2: 10 months.

Export Cable Installation and Termination

Q2 2026-Q2 2028

Phase 1: 8-9 months;

Phase 2: 13-17 months.

Fishery Monitoring Surveys

Q1 2025-Q4 2029

Any time of year.

Turbine Operation

Initial turbines operational 2027, all turbines operational by 2028.

Foundation installation pile driving would be limited to May 1-December 31, annually; however, pile driving in December will not be planned but may occur due to unforeseen circumstances (

e.g.,

unanticipated extended weather delays, unexpected technical difficulties) and with NMFS approval.

The Project is divided into 2 phases: Park City Wind (Phase 1) and Commonwealth Wind (Phase 2).

Park City Wind requested UXO/MEC detonations be allowed Q1 2025-Q4 2026. We propose to only allow it May-December 2025 and 2026.

Specific Geographic Region

Park City Wind would construct the Project in Federal waters offshore of Massachusetts (Figure 1). The project area is part of the Rhode Island/Massachusetts Wind Energy Area (RI-MA WEA). The project area covers approximately 101,590 acres (411 km

) in Lease Area OCS-A 0534. The project area is located about 20 miles (32 km) southwest of Martha's Vineyard, about 24 miles (39 km) south of Nantucket, and adjacent to the southwest boundary of the BOEM-approved Vineyard Wind 1 energy project (Lease Area OCS-A 0501; 65,296 acres (262 km

) assigned for potential Project development). Water depths in the project area range from 43 to 62 m (141-203 ft) and in the OECC range from less than 2 m to 46 m (<7-151 ft). The onshore components of the Project will include up to three export cable landfalls in Barnstable County, Massachusetts (one for Phase 1 and up to two for Phase 2).

Park City Wind's specified activities would occur in the Northeast U.S. Continental Shelf Large Marine Ecosystem (NES LME), an area of approximately 260,000 km

from Cape Hatteras in the south to the Gulf of Maine in the north. Specifically, the lease area and cable corridor are located within the Mid-Atlantic Bight subarea of the NES LME, which extends between Cape Hatteras, North Carolina, and Martha's Vineyard, Massachusetts, extending westward into the Atlantic to the 100-m isobath. In the Mid-Atlantic Bight, which extends from Massachusetts to North Carolina, the pattern of sediment distribution is relatively simple. The continental shelf south of New England is broad and flat, dominated by fine grained sediments. Most of the surficial sediments on the continental shelf are sands and gravels. Silts and clays predominate at and beyond the shelf edge, with most of the slope being 70-100 percent mud. Fine sediments are also common in the shelf valleys leading to the submarine canyons, as well as in areas such as the “Mud Patch” south of Rhode Island. There are some larger materials, including boulders and rocks, left on the seabed by retreating glaciers, along the

coast of Long Island and to the north and east.

In support of the Rhode Island Ocean Special Area Management Plan development process, Codiga and Ullman (2011) reviewed and summarized the physical oceanography of coastal waters off Rhode Island. Conditions off the coast of Rhode Island are shaped by a complex interplay among wind-driven variability, tidal processes, and density gradients that arise from combined effects of interaction with adjacent estuaries, solar heating, and heat flux through the air-sea interface. In winter and fall, the stratification is minimal and circulation is a weak upwelling pattern directed offshore at shallow depths and onshore near the seafloor. In spring and summer, strong stratification develops due to an important temperature contribution, and a system of more distinct currents occurs, including a narrow flow that proceeds counterclockwise around the perimeter of Rhode Island Sound (RIS) likely in association with a tidal mixing front.

The waters in the vicinity of the Project are transitional waters positioned between the continental slope and the coastal environments of Rhode Island Sound and Nantucket Sound. The region is generally characterized by predominantly mobile sandy substrate, and the associated benthic communities are adopted to survive in a dynamic environment. The WEAs are composed of a mix of soft and hard bottom environments as defined by the dominant sediment grain size and composition (Continental Margin Mapping Program [Department of the Interior, 2020]; usSEABED (USGS, 2020)).

The benthic environment of the RI-MA WEA is dominated by sandy sediments that ranged from very fine to medium sand; very fine sands tend to be more prevalent in deeper, lower energy areas (

i.e.,

the southern portion of the MA WEA), whereas coarser sediments, including gravels (

e.g.,

patchy cobbles and boulders) were found in shallower areas (Bay State Wind, 2019; Deepwater Wind South Fork, LLC, 2019; DWW Rev I, LLC, 2020; Stokesbury, 2014; LaFrance

et al.,

2010; McMaster, 1960; Popper

et al.,

2014). The species that inhabit the benthic habitats of the OCS are typically described as infaunal species, those living in the sediments (

e.g.,

polychaetes, amphipods, mollusks), and epifaunal species, those living on the seafloor surface (mobile,

e.g.,

sea starts, sand dollars, sand shrimp) or attached to substrates (sessile,

e.g.,

barnacles, anemones, tunicates). Further detail on the benthic habitats found in the project area, including the results of site-specific benthic habitat assessments, can be found within Construction and Operations Plan (COP) Volume II-A, Section 5—Results Of Biological Surveys and COP Volume II-A Appendices—Appendix II-H 2016-2020 Benthic Reports.

BILLING CODE 3510-22-P

EP08JN23.000

BILLING CODE 3510-22-C

Detailed Description of Specific Activities

Below, we provide detailed descriptions of Park City Wind's activities, explicitly noting those that are anticipated to result in the take of marine mammals and for which incidental take authorization is requested. Additionally, a brief explanation is provided for those activities that are not expected to result in the take of marine mammals.

WTG and ESP Foundation Installation

Park City Wind proposes to install a maximum of 130 wind turbine generator (WTG) and electrical service platform (ESP) positions. Two positions may potentially have co-located ESPs (

i.e.,

WTG and 1 ESP foundation installed at 1 grid position), resulting in 132 foundations. The WTGs would have a maximum tip height of 357 m (1,171 ft) and a maximum penetration depth of 85 m (279 ft). Each turbine would be spaced 1 nautical mile (nmi) apart in fixed east-to-west rows and north-to-south columns to create the 1 nmi by 1 nmi grid arrangement. Park City Wind anticipates that the initial WTGs (41-62 WTGs) would become operational in 2027 after installation is completed and all necessary components, such as array cables, ESPs, export cable routes, and onshore substations. Park City Wind expects that all remaining turbines will be operational by 2028. No more than one foundation will be installed at a time (

i.e.,

concurrent/simultaneous pile driving of foundations would not occur).

Phase 1 will include 41 to 62 WTGs and 1 or 2 ESPs for a total of 42 to 64 foundations. The total number of foundations in Phase 2 depends upon the final footprint of Phase 1. Phase 2 is expected to contain 64 to 88 WTG/ESP foundations (up to 3 of those positions will be occupied by ESPs). While only 132 foundations would be permanently installed, Park City Wind has accounted for up to 133 pile driving events in its take request to account for the instance wherein foundation installation began but is unable to be completed due to environmental or engineering constraints and the pile is re-driven at another position.

Phase 1 foundation types would be monopiles or jackets while Phase 2 foundation types include monopiles, jackets, or bottom-frame foundations. Jacket foundations require the installation of three to four jacket securing piles, known as pin piles. The bottom-frame foundation is similar to a conventional jacket foundation, but generally has fewer, larger structural tubular members, has a triangular space frame, no small-diameter lattice cross-bracing, and a single central vertical tubular column. At each foot, the structure would be secured to the seafloor using driven piles similar to those used by piled jacket foundations or suction buckets. For purposes of this analysis, the use of suction buckets to secure bottom-frame foundations is not being considered further in this analysis as installation of bottom-frame foundations using suction buckets is not anticipated to result in noise levels that would cause harassment to marine mammals.

The applicant proposed two construction schedules, A and B. Construction schedule A assumes a single 2-year construction scenario. Overall, 89 monopile foundations and 2 jacket foundations (8 pin piles) would be installed in 2026 over 52 days and 18 monopile foundations and 24 jacket foundations (96 pin piles) would be installed in 2027 over 35 days for a total of 87 days of pile driving to install all 133 foundations. All days would include impact pile driving and a subset may include vibratory pile driving and drilling. No more than one foundation would be installed at a time (

i.e.,

concurrent/simultaneous installation of more than one foundation would not occur). Park City Wind anticipates that a maximum of two monopiles or one jacket (up to four pin piles) is expected to be installed per day.

Construction schedule B assumes that all construction would occur over a 3-year period (2026-2028). Overall, 55 monopile foundations and 3 jacket foundations (12 pin piles) would be installed in 2026 over 38 days, 53 jackets (212 piles) would be installed in 2027 over 53 days, and 22 jackets (88 pin piles) would be installed over 22 days in 2028. In total, 133 foundations would be installed over 113 days. Similar to Schedule A, all days would include impact pile driving and a subset may include vibratory pile driving and drilling. Please see Table 2 and 3 in Park City Wind's March 2023 Application Update Report. Table 2 provides a summary of Construction Schedule A and B.

Table 2—Foundation Installation Construction Schedules

[Days]

Foundation type

Schedule A

2026

2027

Total

Schedule B

2026

2027

2028

Total

Monopiles

107

Jackets

No. of Days

113

Monopiles would be up to 12 m (39.37 ft) or 13 m (42.7 ft) in diameter and could be installed in both Phases 1 and 2. Jacket foundations require up to four pin piles and each would have a maximum diameter of 4 m (13.1 ft) diameter (see Figures 3-6 in the ITA application). When accounting for pre-piling preparatory work and post-piling activities, installation of a single monopile or jacket pile will take approximately 6-13 hours. Park City Wind anticipates at least 1 hour between monopile installations and 30 minutes between jacket pin pile installations. Park City Wind anticipates that a maximum of two monopiles or one jacket (up to four pin piles) is expected to be installed per day. Pile driving activities could occur within the 8-month period of May through December.

A WTG monopile foundation typically consists of a single steel tubular section with several sections of rolled steel plate welded together and secured to the seabed. Secondary structures on each WTG monopile foundation will include a boat landing or alternative means of safe access, ladders, a crane, and other ancillary components. A typical monopile installation sequence begins with the monopiles transported directly to the project area for installation or to the construction staging port by an installation vessel or a feeding barge. At the foundation location, the main installation vessel upends the monopile in a vertical position in the pile gripper mounted on the side of the vessel. The hammer is then lifted on top of the pile and pile driving commences with a soft-start and proceeds to completion. Piles are driven until the target embedment depth is met (up to 50 m), then the pile hammer is removed and the monopile is released from the pile gripper. Once installation of the monopile is complete, the vessel moves to the next installation location.

Monopiles would be installed using a 5,000 kJ to 6,000 kJ hammer to a maximum penetration depth of 40 m (131 ft). Park City Wind estimates that a monopile could require up to 6,970 strikes at up to 30.0 blows per minute (bpm) to reach full penetration depth. It is expected that each monopile installation will last less than 6 hours,

with most installations anticipated to last between 3-4 hours. Figures 3-6 in Park City Wind's ITA application provide a conceptual example of the WTG support structures (

i.e.,

towers and foundations). WTGs would be designed to withstand severe weather conditions anticipated at the SWDA (COP Appendix I-E). While major storms, winter nor'easters, and, to a lesser extent, hurricanes pass through the SWDA regularly, the Project's offshore facilities are designed to withstand such severe weather events (COP Volume I).

Jacket foundations may be used. Once delivered to the SWDA, the jacket will be lifted off the transport or installation vessel and lowered to the seabed with the correct orientation. The piles will be driven to the engineered depth, following the same process described above for monopiles. The WTG jacket piles are expected to be pre-piled (

i.e.,

the jacket structure will be set on pre-installed piles). Up to three ESP jackets are expected to be post-piled (

i.e.,

the jacket is placed on the seafloor and piles are subsequently driven through guides at the base of each leg). For the ESP post-piled jackets, piling would be initiated during daylight hours (no later than 1.5 hours prior to civil sunset) and need to continue until all piles are installed due to health and safety concerns.

Jacket foundations would be installed using a 3,500 kJ hammer energy pile driving for a 4-m pin pile to reach their maximum penetration depth of 50 m (164 ft). There are four pins per jacket foundation, Park City Wind estimates that each pin will take up to 9,805 hammer strikes at up 30.0 bpm to reach full penetration depth (Table 1 in the ITA application). Foundation installation would use a 20-minute soft-start to ensure that the monopile or jacket foundation pile remains vertical and to allow any motile marine life to leave the area before the pile driving intensity is increased. Jacket foundation installation times will vary, but will likely take up to 6 hours per pin pile, depending on whether the jacket is pre- or post-piled (Table 4 ITA application). The bottom-frame foundation (for Phase 2 only) is similar to the jacket foundation, with shorter piles and shallower penetration. The potential acoustic impact of the bottom-frame foundation installation is equivalent to or less than that predicted for the jacket foundation. As the design and installation methods for bottom-frame foundations would be equivalent to or less than jacket foundations, bottom-frame foundations are not carried forward in this document.

During construction of the Project, it may be necessary to start pile installation using a vibratory hammer rather than using an impact hammer, a technique known as vibratory setting of piles. The vibratory method is particularly useful when soft seabed sediments are not sufficiently stiff to support the weight of the pile during the initial installation, increasing the risk of `pile run' where a pile sinks rapidly through seabed sediments. Piles which experience pile run can be difficult to recover and pose significant safety risks to the personnel and equipment on the construction vessel. The vibratory hammer mitigates this risk by forming a hard connection to the pile using hydraulic clamps, thereby acting as a lifting/handling tool as well as a vibratory hammer. The tool is inserted into the pile on the construction vessel deck, and the connection made. The pile is then lifted, upended and lowered into position on the seabed using the vessel crane. After the pile is lowered into position, vibratory pile installation will commence. Vibratory pile installation is a technique where piles are driven into soil using a longitudinal vibration motion. The vibratory hammer installation method can continue until the pile is inserted to a depth that is sufficient to fully support the structure, and then the impact hammer can be positioned and operated to complete the pile installation. Of the 132 WTG/ESPs, Park City Wind estimates approximately 70 total foundations (53 percent) may require vibratory hammering before impact hammering. Table 7 and 8 in Park City Wind's application provides a breakdown of the number of potential days of pile installation, by activity, per month under the maximum design scenario for Schedules A and B, respectively.

Construction schedule A anticipates 20 days of vibratory hammering in 2026 and 25 days in 2027 (total 45 days) (Table 2). Construction schedule B anticipates 20 days of vibratory hammering in 2026, 25 days in 2027, and 9 days in 2028 (total 54 days) (Table 2). Comparisons of vibratory pile installation versus impulsive hammer pile installation indicate that vibratory pile installation typically produces lower amplitude sounds in the marine environment than impact hammer installation (Rausche and Beim 2012). The average expected duration of vibratory setting is approximately 30 minutes per pile for the Project. Due to the small size of the permanent threshold shift (PTS) ranges and the mitigation that will be applied during construction, no Level A harassment is expected. More information on vibratory pile setting is in Section 1.2.2 of the ITA application.

Drilling is a contingency measure that may be required to remove soil and/or boulders from inside the pile in cases of pile refusal during installation. A pile refusal can occur if the total frictional resistance of the soil becomes too much for the structural integrity of the pile and the capability of the impact hammer. Continuing to drive in a refused condition can lead to overstress in the pile and potential to buckle (tear) the pile material. The use of an offshore drill can reduce the frictional resistance by removing the material from inside the pile and allowing the continuation of safe pile driving. An offshore drill is an equipment piece consisting of a motor and bottom hole assembly (BHA). The drill is placed on top of the refused pile using the construction vessel crane, and the BHA is lowered down to the soil inside the pile. On the bottom face of the BHA is a traditional “drill bit,” which slowly rotates (at 4 or 5 revolutions per minute or approximately 0.4 m per hour) and begins to disturb the material inside the pile. As the disturbed material mixes with seawater which is pumped into the pile, it begins to liquefy. The liquefied material is pumped out to a pre-designated location, leaving only muddy seawater inside the pile instead of a solid “soil plug,” and largely reducing the frictional resistance generated by the material inside the pile. When enough material has been removed from inside the pile and the resistance has reduced sufficiently, the drill is then lifted off the pile and recovered to the vessel. The impact hammer is then docked onto the pile and impact pile driving commences. It may be necessary to remove and replace the drill several times in the driving process to achieve sufficiently low frictional resistance to achieve the design penetration through impact pile driving. Of the 132 WTG/ESPs, Park City Wind estimates 48 foundations (36 percent) may require drilling to remove soil and/or boulders from inside the pile that would otherwise affect the capability of the impact hammer. Construction schedule A anticipates 33 days of drilling in 2026 and 15 days in 2027 (total 48 days) (Table 2). Construction schedule B anticipates 20 days of drilling in 2026, 19 days in 2027, and 9 days in 2028 (total 48 days) (Tables 2).

While pre-piling preparatory work and post-piling activities could be ongoing at one foundation position as pile driving is occurring at another position, there is no concurrent/

simultaneous pile driving of foundations planned (see

Dates and Duration

section). Impact pile driving associated with foundation installation would be limited to the months of May through December and is currently scheduled to be conducted during 2026-2028 (depending which construction schedule is done, A or B). Installation of foundations is anticipated to result in the take of marine mammals due to noise generated during pile driving.

Park City Wind has proposed to conduct pile driving 24 hours per day. Once construction begins, Park City Wind would proceed as rapidly as possible, while meeting all required mitigation and monitoring measures, to reduce the total duration of construction. NMFS acknowledges the benefits of completing construction quickly during times when North Atlantic right whales are unlikely to be in the area but also recognizes challenges associated with monitoring during reduced visibility conditions such as night. Should Park City Wind submit a NMFS-approved Alternative Monitoring Plan, pile driving may be initiated at night. NMFS intends to condition the final rule, if issued, identifying if initiating pile driving at night may occur.

Installation of the WTG and ESP foundations is anticipated to result in the take of marine mammals due to noise generated during pile driving and drilling.

HRG Surveys

High-resolution geophysical site characterization surveys would occur annually throughout the 5 years the rule and LOA would be effective with duration dependent on the activities occurring in that year (

i.e.,

construction versus non-construction year). HRG surveys would utilize up to a maximum of three vessels working concurrently in different sections of the Lease Area and OECC corridor. Park City Wind estimates that no more than 3 years will have HRG surveys and each year would have at least 6,000 km surveyed. In total, no more than 18,000 km may be surveyed across the 5-years with a total of no more than 225 vessel days within the Lease Area and along the OECC corridor in water depths ranging from 1 m (3.6 ft) to 61.9 m (203 ft). Each day that a survey vessel covers 80 km (50 miles) of survey trackline is considered vessel day. For example, three vessels operating concurrently on the same calendar day, covering 80 km each, would be 3 vessel days.

HRG surveys would be conducted to identify any seabed debris and to support micrositing of the WTG and ESP foundations and cable routes. Geophysical survey instruments may include side scan sonar, synthetic aperture sonar, single and multibeam echosounders, sub-bottom profilers (SBP), and magnetometers/gradiometers, some of which are expected to result in the take of marine mammals (LOA Section 1.2.5.). Equipment may be mounted to the survey vessel or the Project may use autonomous surface vehicles (SFV) to carry out this work. Surveys would occur annually, with durations dependent on the activities occurring in that year (

i.e.,

construction years versus operational years).

As summarized previously, HRG surveys will be conducted using up to three vessels concurrently. Up to 80 km of survey lines will be surveyed per vessel each survey day at approximately 7.4 km/hour (4 knots) on a 24-hour basis. HRG surveys are anticipated to operate at any time of year for 25 days per year, a maximum of 125 days for the maximum of the 3 planned years covered under the 5-years of the LOA. Of the HRG equipment types proposed for use, the following sources have the potential to result in take of marine mammals:

• Medium penetration SBPs (boomers) to map deeper subsurface stratigraphy as needed. A boomer is a broad-band sound source operating in the 0.2 kHz to 15 kHz frequency range. This system is typically mounted on a sled and towed behind the vessel.

• Medium penetration SBPs (sparkers) to map deeper subsurface stratigraphy as needed. A sparker creates acoustic pulses from 0.05 kHz to 3 kHz omni-directionally from the source that can penetrate several hundred meters into the seafloor. These are typically towed behind the vessel with adjacent hydrophone arrays to receive the return signals.

Table 3 identifies all the representative survey equipment that operate below 180 kilohertz (kHz) (

i.e.,

at frequencies that are audible and have the potential to disturb marine mammals) that may be used in support of planned geophysical survey activities and are likely to be detected by marine mammals given the source level, frequency, and beamwidth of the equipment. Equipment with operating frequencies above 180 kHz and equipment that does not have an acoustic output (

e.g.,

magnetometers) may also be used but are not discussed further because they are outside the general hearing range of marine mammals likely to occur in the project area. In addition, due to the characteristics of non-impulsive sources (

i.e.,

Ultra-Short BaseLine (USBL), Innomar, and other parametric sub-bottom profilers), take is not anticipated due to operating characteristics like very narrow beam width which limit acoustic propagation. Therefore, no Level A harassment or B harassment can be reasonably expected from the operation of these sources. The sources that have the potential to result in harassment to marine mammals include boomers and sparkers (Table 3).

Table 3—Summary of Representative HRG Survey Equipment

Equipment type

Name

Representative model

Operating frequency

(kHz)

Source level

(dB re 1 μPa m)

Peak source level 0-pk

(dB re 1 μPa m)

Pulse

duration

(ms)

Repetition rate

(Hz)

Beamwidth

(degrees)

Information source

Boomer

Applied Acoustics AA251

0.2-15

205

212

0.8

180

Sparker

GeoMarine Geo Spark 2000 (400 tip)

SIG ELC 820 Sparker

0.05-3

203

213

3.4

180

Frequency estimated from Figures 14 and 16 in Crocker and Fratantonio (2016). Source levels, beam width, and pulse duration from Table 5 in Crocker and Fratantonio (2016) at 300 J.

SIG ELC 820 has similar operation settings as Geo Spark 2000 (Sect. I.5.1). See Table 9 in Crocker and Fratantonio (2016) source for levels at 5 m source depth, 750 J setting.

Frequency source specifications provided by Vineyard Wind.

Assumes omnidirectional source.

Vineyard Wind indicates they will use this repetition rate.

UXO/MEC Detonations

Park City Wind anticipates encountering UXO/MECs during Project construction. UXO/MECs include explosive munitions (such as bombs, shells, mines, torpedoes,

etc.

) that did not explode when they were originally deployed or were intentionally discarded in offshore munitions dump sites to avoid land-based detonations. The risk of incidental detonation associated with conducting seabed-altering activities, such as cable laying and foundation installation, in proximity to UXO/MECs jeopardizes the health and safety of project participants.

For UXO/MECs that are positively identified in proximity to planned activities on the seabed, several alternative strategies will be considered prior to in-situ UXO/MEC disposal. These may include: (1) relocating the activity away from the UXO/MEC (avoidance), (2) physical UXO/MEC removal (lift and shift), (3) alternative combustive removal technique (low order disposal), (4) cutting the UXO/MEC open to apportion large ammunition or deactivate fused munitions (cut and capture), or (5) using shaped charges to ignite the explosive materials and allow them to burn at a slow rate rather than detonate instantaneously (deflagration). Only after these alternatives are considered and found infeasible would

in-situ

high-order UXO/MEC detonation be pursued. If detonation is necessary, detonation noise could result in the take of marine mammals by Level A harassment and Level B harassment.

Park City wind anticipates that up to 10 UXO/MECs may require disposal through high-order detonation and that these detonations would occur in 2025 and 2026. To better assess the likelihood of encountering UXO/MECs during project construction, Park City Wind is conducting HRG surveys to identify potential UXO/MECs that have not been previously mapped. As these surveys and analysis of data from them are still underway, the exact number and type of UXO/MECs in the project area are not yet known. However, Park City Wind assumes that up to 10 UXO/MECs charges, of up to 454-kg (1,000 pounds; lbs), which is the largest charge that is reasonably expected to be encountered (See Estimated Take of Marine Mammals for detailed description of UXO/MEC charge weights), may require

in-situ

detonation. Although it is highly unlikely that all charges would weigh 454 kg, this approach was determined to be the most conservative for the purposes of impact analysis. If necessary, these detonations would occur on up to 10 different days (

i.e.,

only one detonation would occur per day). Park City Wind anticipates up to six detonations could occur in 2025 and four in 2026. All detonations would occur during daylight hours only and would not occur from December 1 through May 31, annually; however, NMFS may approve detonating UXO/MECs on a case-by-case basis in December and May.

NMFS concurs with Park City Wind that Levels A and Level B harassment are possible for UXO/MEC detonation activities. Auditory injury or behavioral harassment may result from exposure to the sounds produced by UXO/MEC detonation; no non-auditory injury is anticipated.

Cable Laying and Installation

Up to five offshore export cables will transmit electricity generated by the WTGs to onshore transmission systems in the Town of Barnstable, Massachusetts. Underground onshore export cables, located primarily within existing roadway layouts, will connect the landfall site(s) to one or two new onshore substations in the Town of Barnstable, Massachusetts. Grid interconnection cables will then connect the Phase 1 onshore substation to the ISO New England (ISO-NE) electric grid at Eversource's existing 345 kilovolt substation in West Barnstable. Park City Wind intends to install all Phase 2 offshore export cables within the same OECC as the Phase 1 cables but will use separate landfall sites than Phase 1 in Barnstable. The offshore export cables will likely be transported directly to the Offshore Development Area in a cable laying vessel, on an ocean-going barge, or on a heavy transport vessel (which may also transport the cable laying vessel overseas) and installed by the cable laying vessel upon arrival. Vessel types under consideration for cable installation activities are presented in the COP Volume 1 Table 4.3-1.

Cable burial operations will occur both in the SWDA for the inter-array cables connecting the WTGs to the ESPs and in the Offshore Export Cable Corridor (OECC) for the cables carrying power from the ESPs to the landfall sites. Construction of the OECC and the inter-array cable installation would take place in 2026 through 2028 (Table 2). The target depth for cable burial is 1.5 m to 2.5 m (5-8 ft). Therefore, the seafloor in the direct path of the inter-array, inter-link, and offshore export cables within the SWDA will be disturbed from the surface to a depth of 1.5 to 2.5 m (5-8 ft). Where sufficient cable burial depths cannot be achieved, cable protection would be used. Cable laying, cable installation, and cable burial activities planned to occur during the construction of the project may include the following: jetting (

e.g.,

jet plow or jet trenching); vertical injection; leveling; mechanical cutting; plowing (with or without jet-assistance); pre-trenching; boulder removal; and controlled flow excavation. During construction related activities, including cable laying and construction material delivery, dynamic positioning (DP) thrusters may be used to maneuver and maintain station. No blasting is proposed for cable installation.

Bottom habitat may also be permanently altered to hard bottom substrate through the installation of cable protection (as described in Sections 3.2.1.5.4 and 4.2.1.5.4 of BOEM COP Volume I). Potential cable protection methods include: rock placement on top of the cables (6.4 cm in diameter or larger); Gabion rock bags on top of the cables; concrete mattresses; or half-shell pipes or similar (only for cable crossings or where the cable is laid on the seafloor). Cable protection will be up to 9 m (30 ft) wide. The offshore export cables will likely be transported directly to the Offshore Development Area in a cable laying vessel, on an ocean-going barge, or on a heavy transport vessel (which may also transport the cable laying vessel overseas) and installed by the cable laying vessel upon arrival. Phase 1 will consist of two offshore export cables with a maximum total length of ~202 km (~109 nmi). Phase 2 will consist of two or three offshore export cables with a maximum total length (assuming three cables) of 356 km (~192 nmi). The ends of the offshore export cables will likely be protected using protection conduits put in place at the approach to the ESP foundation(s). Installation of an offshore export cable is anticipated to last approximately 9 months for Phase 1 and approximately 13.5 months for Phase 2. Cable installation for each Phase may be continuous and take up to 2 years. The estimated installation time frame for the inter-array cables is over a period of approximately 4-5 months for Phase 1 and 9 months for Phase 2.

The ends of the offshore export cables will likely be protected using protection conduits put in place at the approach to the ESP foundation(s) (see COP Volume I Figure 3.2-8). This cable entry protection system consists of different components of composite material and/or cast-iron half-shells with suitable corrosion protection, which protect the cables from fatigue and mechanical loads as they transition above the seabed and enter the foundation.

Although a large majority of the cable entry protection system will likely lie on top of the monopile scour protection (if used), it will likely extend a short distance beyond the edge of the scour protection. Additional cable protection may be placed on top of the cable entry protection system (within the footprint of the scour protection) to secure the cable entry protection system in place and limit movement of the cable, which can damage the cable (for specific details see COP Volume I section 3.2.1.5.4).

For Phases 1 and 2, 66 to 132 kilovolt (kV) inter-array cables will connect “strings” of WTGs to an ESP. The maximum anticipated total length of the Phase 1 inter-array cables is approximately 225 km (121 nmi) and the maximum anticipated total length of the inter-link cable is approximately 20 km (11 nmi). The maximum anticipated total length of the Phase 2 inter-array cables is approximately 325 km (175 nmi) and the maximum anticipated total length of the inter-link cable is approximately ~60 km (~32 nmi). The target burial depth of the offshore export cables will be at least 1.5-2.5 m (5-8 ft) along their entire length. Like the offshore export cables, all inter-array cables and inter-link cables will likely be protected with cable entry protection systems at the approach to the WTG and ESP foundations.

Some dredging of the upper portions of sand waves may be required prior to cable laying to achieve sufficient burial depth below the stable sea bottom; large boulders may also need to be relocated. Dredging may be used to remove the upper portions of sand waves within the OECC and will be limited only to the extent required to achieve adequate cable burial depth during cable installation. Dredging could be accomplished by a trailing suction hopper dredge (TSHD) or controlled flow excavation.

The amount of habitat disturbance from the use of jack-up and/or anchored vessels, cable installation, and metocean buoy anchors would be approximately 4.08 km

(1.58 miles

). The total area of alteration within the SWDA due to foundation and scour protection installation, jack-up and/or anchored vessel use, inter-array and inter-link cable installation, potential cable protection (if required), and metocean buoy anchors is 5.19 km

, (2.00 miles

) which is 1.1 percent of the maximum size of the SWDA. Metocean buoys are small buoys that collect various ocean data. As the noise levels generated from cable laying and installation work are low, the potential for take of marine mammals to result is discountable. Park City Wind is not requesting, and NMFS is not proposing to authorize, take associated with cable laying activities. Therefore, cable laying activities are not analyzed further in this document.

Site Preparation

Seabed preparation may be required prior to foundation installation, scour protection installation, or cable-laying (see Section 3.3.1.2 and 4.3.1.2 of the COP Volume I). This could include the removal of large obstructions and/or leveling of the seabed. Large boulders along the route may need to be relocated prior to cable installation. Some dredging of the upper portions of sand waves may also be required prior to cable laying to achieve sufficient burial depth below the stable sea bottom. However, depending on bottom conditions, water depth, and contractor preferences, other specialty techniques may be used in certain areas to ensure sufficient burial depth. For monopile and jacket pile installation, seafloor preparation will include required boulder clearance and removal of any obstructions within the seafloor preparation area at each foundation location. Scour protection installation will occur pre- or post-installation and will involve a rock dumping vessel placing scour using fall-pipes, side dumping, and/or placement using a crane/bucket at each foundation location (more details can be found in Park City Wind's COP Volume 1 Section 3.3.1.2).

For Phases 1 and 2, a pre-lay grapnel run and pre-lay survey are expected to be performed to clear obstructions, such as abandoned fishing gear and other marine debris, and inspect the route prior to cable laying. A specialized vessel will tow a grapnel rig that hooks and recovers obstructions, such as fishing gear, ropes, and wires from the seafloor. Boulder clearance may be required in targeted locations to clear boulders along the OECC, inter-array cable (IAC) routes, and/or foundations prior to installation.

Boulder removal would occur prior to installation and would be completed by a support vessel based. It is currently anticipated that boulders larger than approximately 0.2-0.3 m (0.7-1 ft) will be avoided or relocated outside of the final installation corridor to create an installation corridor wide enough to allow the installation tool to proceed unobstructed along the seafloor. If there are boulders along the final route that cannot be moved, a reasonable buffer of up to 5 m (16 ft) could be utilized. Further details on boulder relocation can be found in COP Volume 1 Section 3.3.1.3.2.

Dredging would also occur and be limited to the extent required to achieve adequate cable burial depth during cable installation. Where dredging is necessary, Park City Wind conservatively assumed that the dredge corridor would typically be 15 m (50 ft) wide at the bottom (to allow for equipment maneuverability) with approximately 1:3 sideslopes for each cable. However, the depth of dredging will vary with the height of sand waves and the dimensions of the sideslopes will likewise vary with the depth of dredging and sediment conditions. This dredge corridor includes up to 1 m (3.3 ft) wide cable installation trench and up to 3 m (10 ft) wide temporary disturbance zone from the tracks or skids of the cable installation equipment. The average dredge depth is approximately 0.5 m (1.6 ft) and may range up to 5.25 m (17 ft) in localized areas. The total vertical disturbance within sand waves is up to 8 m (26 ft), which includes dredging and cable installation.

Two installation methods may be used to complete sand leveling including Trailing Suction Hopper Dredging (TSHD) and controlled flow excavation (CFE). A TSHD can be used in sand waves of most sizes, whereas the controlled flow excavation technique is most likely to be used in areas where sand waves are less than 2 m (6.6 ft) high. A TSHD vessel contains one or more drag arms that extend from the vessel, rest on the seafloor, and suction up sediments. Any sediment removed would be deposited in the dredged material within the OECC. Bottom dumping of dredged material would only occur within sand waves. CFE is a contactless dredging tool, providing a method of clearing loose sediment below submarine cables, enabling burial. The CFE tool draws in seawater from the sides and then jets this water out from a vertical down pipe at a specified pressure and volume, which is then positioned over the cable alignment, enabling the stream of water to fluidize the sands around the cable. This allows the cable to settle into the trench under its own weight. Further details on dredging and sand level can be found in COP Volume I 3.3.1.3.5.

NMFS does not expect site preparation work, including boulder removal and sand leveling (

i.e.,

dredging), to generate noise levels that would cause take of marine mammals. Underwater noise associated with these activities is expected to be similar in nature to the sound produced by the dynamic positioning (DP) cable lay vessels used during cable installation activities within the project. Sound

produced by DP vessels is considered non-impulsive and is typically more dominant than mechanical or hydraulic noises produced from the cable trenching or boulder removal vessels and equipment. Therefore, noise produced by those vessels would be comparable to or less than the noise produced by DP vessels, so impacts are also expected to be similar. Additionally, boulder clearance is a discreet action occurring over a short duration resulting in short term direct effects and sound produced by boulder clearance equipment would be preceded by, and associated with, sound from ongoing vessel noise and would be similar in nature.

NMFS expects that marine mammals would not be exposed to sounds levels or durations from seafloor preparation work that would disrupt behavioral patterns. Therefore, the potential for take of marine mammals to result from these activities is discountable and Park Wind did not request, and NMFS does not propose to authorize, any Level A harassment or Level B harassment takes associated with seafloor preparation work and these activities are not analyzed further in this document.

Vessel Operation

Park City Wind will utilize various types of vessels over the course of the 5-year proposed regulations. Park City Wind has identified several existing port facilities located in Massachusetts, Rhode Island, Connecticut, New York, and/or New Jersey to support offshore construction, assembly and fabrication, crew transfer and logistics, and other operational activities. In addition, some components, materials, and vessels could come from Canadian and European ports. A variety of vessels would be used throughout the construction activities. These range from crew transportation vessels, tugboats, jack-up vessels, cargo ships, and various support vessels (Table 4). Details on the vessels, related work, operational speeds, and general trip behavior can be found in Table 2 of the ITA application and Table 3.3-1 in the COP Volume 1. In addition to vessels, helicopters may be used for crew transfer and fast response visual inspections and repair activities during both construction and operations. It is not possible at this stage of the project to quantify the expected use of helicopters and any potential reduction in the number of vessel trips.

As part of various vessel-based construction activities, including cable laying and construction material delivery, dynamic positioning thrusters may be utilized to hold vessels in position or move slowly. Sound produced through use of dynamic positioning thrusters is similar to that produced by transiting vessels, and dynamic positioning thrusters are typically operated either in a similarly predictable manner or used for short durations around stationary activities. Sound produced by dynamic positioning thrusters would be preceded by, and associated with, sound from ongoing vessel noise and would be similar in nature; thus, any marine mammals in the vicinity of the activity would be aware of the vessel's presence. Construction-related vessel activity, including the use of dynamic positioning thrusters, is not expected to result in take of marine mammals. Park City Wind did not request, and NMFS does not propose to authorize, any take associated with vessel activity.

During construction and operation, crew transfer vessels (CTVs) and a service operation vessel (SOV) will be used to conduct maintenance activities. Although less likely, if an SOV is not used, several CTVs and helicopters would be used to frequently transport crew to and from the offshore facilities. Park City Wind has also included potential for helicopters to be used when rough weather limits or precludes the use of CTVs and during fast response visual inspections and repair activities during both construction and operations (COP Volume 1 Sections 3.3.1.12.1 and 4.3.1.12.1). The total vessels expected for use during the Project are in Table 4; more details can be found in Table 2 of the ITA application.

Assuming the maximum design scenario for each Phase individually, ~3,200 total vessel round trips (an average of approximately six round trips per day) are expected to occur during offshore construction of Phase 1 and ~3,800 total vessel round trips (an average of approximately seven round trips per day) are expected to occur during offshore construction of Phase 2 (For the purposes of estimating vessel trips, tugboats and barges are considered one vessel). Due to the range of buildout scenarios for Phases 1 and 2, Park City Wind expects the total number of vessel trips from both Phases of New England Wind combined to be less than the sum of vessel trips estimated for each Phase independently (section 1.1.2 ITA application). Park City Wind estimates that, between the 5 major port areas they intend to use, they expect an average of 15 round trips per day and 443 round trips per month during peak construction (Table 1 ITA application). Throughout the entire construction period, they expect an average of 8 round trips per day and 215 round trips per month (Table 1 ITA application).

Table 4—Type and Number of Vessels Anticipated During Construction and Operations

Project period

Vessel types

Max number

of vessels

All Foundation Installation