throbber
i
`Case 2:22-cv-01305-FB-ST Document 79 Filed 11/23/22 Page 1 of 67 PageID #: 3706
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`
`Civil Action No.
`22 CV 01305
`
`(Block, J.)
`(Tiscione, M.J.)
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`wee ee eee ee ee eexX
`PAMELA MAHONEY;
`MICHAEL MAHONEY;
`LISA SOLOMON;and
`MITCH SOLOMON,
`
`Plaintiffs,
`
`-against-
`
`U.S. DEPARTMENT OF THE
`INTERIOR; BUREAU OF OCEAN ENERGY
`MANAGEMENT; U.S. DEPARTMENT OF
`THE ARMY; and U.S ARMY CORPS
`OF ENGINEERS,
`
`Defendants
`
`And
`
`SOUTH FORK WIND LLC,
`
`Defendant-Intervenor,
`
`wee ee ee eee ee eee ee ee eeex
`
`DECLARATION OF AUSA VINCENT LIPARI IN
`SUPPORT OF THE FEDERAL DEFENDANTS’
`MOTION TO DISMISS FOR LACK OF STANDING
`AND FAILURE TO STATE A CLAIM
`
`1.
`
`I am an Assistant United States Attorney, of counsel to BREON PEACE,
`
`United States Attorney for the Eastern District of New York, attorney for defendants U.S.
`
`Departmentof the Interior; Bureau Of Ocean Energy Management (“BOEM"); U.S. Department
`
`of the Army; and U.S Army Corps of Engineers (the “Army Corps”) (collectively, the “Federal
`
`Defendants”).
`
`2.
`
`I respectfully submit this declaration in support of the Federal Defendants’
`
`motion: (1) to dismiss the complaint in its entirety, pursuant to Fed. R. Civ. P. 12(b)(1), for lack
`
`

`

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`
`of subject matter jurisdiction becauseplaintiffs lack standing; or, (2) to dismiss plaintiffs second
`
`and third claims, pursuant to Fed,. R. Civ. P. 12(b), for failure to state a claim.
`
`3.
`
`The significance of the annexed documents is explained in the Federal
`
`Defendants’ accompanying memorandum of law in support of their motion to dismiss the
`
`complaint.
`
`4.
`
`Annexed as Exhibit A is a true and complete copy ofall pages in the Final
`
`Environmental Impact Statement referred to in the accompanying memorandum oflaw. Theentire |
`
`document (1,317 pages) is at https://www.boem.gov/sites/default/files/documents/renewable-
`
`energy/state-activities/SFWF%20FEIS.pdf.
`
`5.
`
`Annexed as Exhibit B is a true and complete copy ofall pages in a March
`
`18, 2021 PSC Orderreferred to in the accompanying memorandum oflaw.
`
`6.
`
`Annexed as Exhibit C is a true and complete copy of an August 12, 2021
`
`PSC Orderreferred to in the accompanying memorandum oflaw.
`
`7.
`
`Annexedas Exhibit D is a true and complete copyof an order dated January
`
`26, 2022 by the Appellate Division, Second Departmentin Citizens for Preservation of Wainscott
`
`Inc., et al. v. New York State Public Service Commission,et al., 2021-06582 (App.Div. 2d Dep’t)
`
`referred to in the accompanying memorandum oflaw.
`
`8.
`
`Annexed as Exhibit E is a true and complete copyofall pagesreferred to in
`
`the accompanying memorandum oflaw ofapetition filed in Citizens for the Preservation of
`
`Wainscott, Inc.et al. v. Town Board ofthe Town ofEast Hamptonetal., 6018474/2021 (Sup. Ct.
`
`Suffolk Co.).
`
`9.
`
`Annexedas Exhibit F is a true and complete copy ofan order dated February
`
`24, 2022 in the foregoing casereferred to in the accompanying memorandum oflaw.
`
`

`

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`
`I hereby declare under penalty of perjury that the foregoing statements are true and
`
`correct to the best of my knowledge, information andbelief.
`
`Dated: CentralIslip, New York
`September 21, 2022
`
`BREON PEACE
`United States Attorney
`
`By:
`
`S/VINCENT LIPARI
`VINCENTLIPARI
`Assistant U.S. Attorney
`(631)715-7864
`
`

`

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`
`OCS EIS/EA
`BOEM 2020-057
`
`South Fork Wind Farm and
`South Fork Export Cable Project
`
`Final Environmental Impact Statement
`
` sex,
`
`August 2021
`
`U.S. Departmentof the Interior
`
`Bureau of Ocean Energy Management
`
`www.boem.gov
`
`) E M
`
`Bureau of Ocean Energy
`Management
`
`eee
`
`

`

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`South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`
`ENVIRONMENTAL IMPACT STATEMENT
`SOUTH FORK WIND FARM AND SOUTH FORK EXPORT CABLE PROJECT
`
`Draft () Final (X)
`
`Lead Agency:
`U.S. Departmentof the Interior, Bureau of
`Ocean Energy Management (BOEM)
`
`Cooperating Federal Agencies:
`U.S. Department of Commerce, National
`Oceanic and Atmospheric
`Administration
`
`National Marine Fisheries Service
`
`U.S. Department of Defense, U.S. Army
`Corps of Engineers
`U.S. Department of Homeland Security,
`U.S. Coast Guard
`
`U.S. Departmentof the Interior, Bureau of
`Safety and Environmental Enforcement
`US. Environmental Protection Agency
`
`Cooperating Tribal Nation:
`None
`
`Area:
`
`
`Lease Area OCS-A-0517-
`
`Abstract:
`
`Cooperating State and Local Agencies:
`Commonwealth of Massachusetts Office of
`Coastal Zone Management
`State of Rhode Island Coastal Resources
`Management Council
`State of Rhode Island Department of
`Environmental Management
`Town of East Hampton
`Trustees of the Freeholders and
`Commonalty of the Town of East
`Hampton
`
`Contact Person:
`
`Mary Boatman, National Environmental
`Policy Act Coordinator
`Office of Renewable Energy Programs,
`Environment Branch for Renewable Energy
`Bureau of Ocean Energy Management
`45600 Woodland Road
`Sterling, Virginia 20166
`(703) 787-1662
`
`The South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`(final EIS) assesses the reasonablyforeseeable impacts to physical, biological, socioeconomic, and
`cultural resources that could result from the construction and installation, operations and maintenance,
`and conceptual decommissioning of a commercial-scale wind energy project, the South Fork Wind Farm
`and South Fork Export Cable Project (the Project), located in the area covered by BOEM Renewable
`Energy Lease Number OCS-A 0517, approximately 19 miles southeast of Block Island, RhodeIsland,
`and 35 miles east of Montauk Point, New York.
`
`South Fork Wind, LLC,is proposing the Project, which is designed to contribute to New York’s
`renewable energy requirements, particularly, the state’s goal of generating 9,000 megawatts of offshore
`wind energy by 2030. BOEM hasprepared the EIS following the requirements of the National
`Environmental Policy Act (42 USC 4321-4370f) and implementing regulations. This final EIS will
`inform BOEMin deciding whether to approve, approve with modifications, or disapprove the Project.
`Cooperating agencieswill rely on the final EIS to support their decision making and to determineif the
`analysis is sufficient to support their decision. BOEM’saction furthers United States policy to make the
`Outer Continental Shelf energy resources available for developmentin an expeditious and orderly
`manner, subject to environmental safeguards (43 USC 1332(3)), including consideration of natural
`resources and existing ocean uses.
`
`
`
`

`

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`South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`
`EXECUTIVE SUMMARY
`
`The South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`(final EIS) assesses the reasonably foreseeable impacts to physical, biological, socioeconomic, and
`cultural resources that could result from the construction andinstallation, operations and maintenance
`(O&M), and conceptual decommissioning of a commercial-scale offshore wind energy facility and
`transmission cable to shore known as the South Fork Wind Farm (SFWF) and South Fork Export Cable
`(SFEC)Project (Project). The Bureau of Ocean Energy Management (BOEM)hasprepared the final EIS
`under the National Environmental Policy Act (NEPA) (42 USC 4321-43708).
`
`Council on Environmental Quality (CEQ) NEPA regulations from 1978 were revised on July 26, 2020,
`and took effect on September 14, 2020. Because work on the EIS began before September 14, 2020,
`BOEMhasfollowed the 1978 CEQ NEPAregulations. All following citations to CEQNEPA regulations
`refer to the regulations before they were revised on July 26, 2020 (see 40 CFR 1506.13 ofthe revised
`regulations). The final EIS will inform BOEM’s decision on whether to approve, approve with
`modifications, or disapprove the Project’s construction and operations plan (COP).
`
`Cooperating agencies mayrely on this final EIS to support their decision-making. In conjunction with
`submitting its COP, SFW applied to the National Marine Fisheries Service (NMFS) foran incidental take
`authorization (ITA) under the Marine MammalProtection Act (MMPA)of 1972, as amended (16 USC
`1361 et seq.), for incidental take of marine mammals during Project construction. NMFSis required to
`review applications and, if appropriate, issue an ITA under the MMPA.In addition, NMFShas an
`independentresponsibility to comply with NEPA and will rely on the information and analyses in
`BOEM’s final EIS after independent review to fulfill its NEPA obligations. NMFSintends to adopt the
`final EIS and sign the record of decision (ROD), if appropriate. The U.S. Army Corps of Engineers
`(USACE)similarly intends to adoptthe final EIS and sign the joint ROD in respectto its responsibilities
`-under. Section404 of the Clean Water.Act and Section_10 oftheRivers and Harbors. Act.of.1899.
`
`Purpose of and Needfor the Proposed Action
`
`Through a competitive leasing process under 30 CFR 585.211, Deepwater Wind New England, LLC was
`awarded Commercial Lease OCS-A 0486 covering an area offshore Rhode Island. This lease waslater
`assigned to South Fork Wind, LLC (SFW)and segregated to Commercial Lease OCS-A 0517 (the Lease).
`SFW has the exclusive right to submit a COPforactivities within the area of the Lease (the Lease Area),
`and it has submitted a COP to BOEM proposingthe construction andinstallation, O&M, and conceptual
`decommissioning of the Project.
`
`The purpose ofthe Project is to develop a commercial-scale offshore wind energy facility in the Lease
`Area with wind turbine generators (WTGs), an offshore substation, and one transmission cable making
`landfall in Suffolk County, New York. The Project would contribute to New York’s renewable energy
`requirements, particularly the state’s goal of 9,000 MW ofoffshore wind energy generation by 2030. In
`addition, SFW’sgoalis to fulfill its contractual commitments to Long Island Power Authority (LIPA)
`pursuant to a power purchase agreement executed in 2017 resulting from LIPA’s technology-neutral
`competitive bidding process.
`
`_—
`
`The purpose ofBOEM’saction is to respond to and determine whether to approve, approve with
`modifications, or disapprove the COPto construct and install, operate and maintain, and decommission a
`commercial-scale offshore wind energy facility within the Lease Area. 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 USC 1332(3)), including
`
`
`
`ee
`
`

`

`
`
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`
`South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`
`consideration ofnatural resources and existing ocean uses. In addition, other federal agencies may
`consider requests for authorizations related to the Project under applicable laws and regulations not
`administered by BOEM.These considerations differ from BOEM’s consideration of the Proposed Action
`but they are related and constitute connected actions under 40 CFR 1508.25, with discrete purposes and
`needs based ontheir respective statutory and regulatory obligations. The purpose and need ofother
`federal agencies' actionis to evaluate the applicant’s request pursuantto specific requirements ofthe
`statutes and implementing regulations administered by those agencies, considering impacts of the
`applicant’s activities on relevant resources, and if appropriate, issue the permit or authorization.
`
`Public Involvement
`
`Before the preparation of the EIS, BOEM conducted a 30-day public commentperiod and held three
`public scoping meetings near the Lease Areato solicit feedback and identify issues and potential
`alternatives for consideration. BOEM considered all scoping comments while preparing the EIS; the
`topics most referenced in the comments include commercial fisheries and for-hire recreational fishing;
`finfish, invertebrates, and essential fish habitat; the NEPA process; socioeconomics; and alternatives.
`Additional public input occurred during the Project’s planning and leasing phases between 2010 and
`2018. Publication of the draft EIS initiated a 45-day commentperiod opentoall, after which BOEM
`assessed and consideredall the comments received in preparation of the final EIS. See Appendix A for
`additional information on public involvement.
`
`Alternatives
`
`-
`
`The final EIS analyzes in detail a No Action alternative and three action alternatives, as briefly described
`below. Chapter 2 provides detailed descriptions of the analyzed alternatives.
`e No Action alternative: Underthis alternative, BOEM would not approve the COP, and Project
`constructionandinstallation, O&M; and-conceptual decommissioningactivities would not occur: ~
`Any potential environmental and socioeconomic impacts, including benefits, associated with the
`Project as described under the Proposed Action would not occur.
`Proposed Action: Underthis alternative, the construction andinstallation, O&M, and conceptual
`decommissioning ofup to 15 wind turbine generators (WTGs) in the 6- to 12-MW range and an
`offshore substation (OSS) within the Lease Area (including the expanded area) and associated
`export cables would occur within the range of design parameters outlined in the COP, subject to
`applicable mitigation measures. SFW would space WTGsin a uniform east-west and north-south
`grid with 1 x 1—nautical-mile (nm) spacing between WTGsand diagonaltransit lanesat least 0.6
`nm wide. This configuration would still allow micrositing of WTGsto avoid sensitive cultural
`resources and marine habitats.
`
`e
`
`e Vessel Transit Lane alternative (Transit alternative): Underthis alternative, BOEM evaluated a 4-
`nm-wide vessel transit lane’ through the Lease Area where no surface occupancy would occur.
`BOEMdevelopedthis alternative in response to the January 3, 2020, Responsible Offshore
`Development Association (RODA) layout proposal (RODA 2020). The RODAproposalincludes
`designated transit lanes, each at least 4 nm wide. Although the proposal includessixtotal transit
`lanes, only one lane intersects the Lease Area. The vessel transit lane is uniqueto this alternative
`and could facilitate transit of vessels through the Lease Area from southern New England and
`eastern LongIslandports to fishing areas in the region. WTGslocated within the transit lane
`would be eliminated underthis alternative. SEW would develop the remaining WTGswith a 12-
`
`' BOEMalsoevaluated a 2-nm and 3-nm transit lane alternative. However, these smaller lanes would result in the same impacts
`as the Proposed Action because the lane would notoverlap any proposed WTGsorthe OSS. Therefore, a smaller lane width was
`dismissed from further evaluation.
`
`
`iti
`
`

`

`
`
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`
`South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`
`CHAPTER 1.
`
`INTRODUCTION
`
`1.1
`
`BACKGROUND
`
`This chapter introducesa proposed offshore wind energy project, the South Fork Wind Farm and South
`Fork Export Cable Project (the Project). On June 29, 2018, South Fork Wind, LLC (SFW)* submitted a
`Project construction and operations plan (COP) to BOEM.After addressing BOEM’s comments onthis
`initial COP, SFW resubmitted an updated COP on May24, 2019. SFW submitted a second updated COP
`for the Project in February 2020,a third updated COP in July 2020, and a fourth updated COP in May
`2021 (Jacobs 2021)*. Information regarding the planning andleasing process that occurred before the
`developmentofthe initial COP is available on BOEM’s website and in Section 2 of the COP.
`
`The Project would be located in the area of BOEM’s Renewable Energy Lease Number OCS-A 0517
`(Lease Area) approximately 19 miles southeast of Block Island, Rhode Island, and 35 miles east of
`Montauk Point, New York (Figure 1.2-1) in the Atlantic Ocean.In this document, distances in miles are
`in statute miles (miles used in the traditional sense) or nautical miles (miles used specifically for marine
`navigation). Statute miles are more commonly used andare referred to simply as miles, whereas nautical
`miles are referred to by nameorby their abbreviation nm.
`
`The COP describes the construction and installation, operations and maintenance (O&M), and conceptual
`decommissioning ofthe Project, which consists ofthe following components (see Project Operational
`Concept [Figure 1.1-1] in the COP):
`e
`SFWFE:This would include up to 15 wind turbine generators (WTGsor turbines), submarine
`cables between the WTGs(inter-array cables), and an offshore substation (OSS). The SFWF
`would also include an onshore O&Mfacility.
`
`facility that connects the SFWF to the existing mainlandelectric grid in East Hampton, New
`York, and delivers power to the South Fork of Suffolk County, Long Island.
`
`BOEMhasprepared this final environmental impact statement (final EIS) in accordance with the National
`Environmental Policy Act (NEPA)to consider and disclose potential environmental impacts associated with
`the construction andinstallation, O&M, and conceptual decommissioning ofthe Project. This final EIS
`will inform BOEMin deciding whether to approve, approve with modifications, or disapprove the COP.
`Publication of the draft EIS initiated a 45-day comment period. BOEM assessed and considered the
`comments received during the commentperiod in the preparation of this final EIS. The final EIS has 10
`appendices. Appendix A describes required environmental permits and consultations; Appendix B
`providesa list of preparers and reviewers, references cited, and glossary; Appendix C provides additional
`figures; Appendix D describes the Project design envelope (PDE) and maximum-case scenario; Appendix
`E describes the cumulative activities scenario; Appendix F provides supplementalinformationto the final
`EIS; Appendix G describes environmental protection measures, mitigation, and monitoring; Appendix H
`provides an assessment ofresources with negligible to minor impacts from implementation ofthe
`Proposed Action and other considered alternatives; Appendix I provides BOEM’s responsetoall
`comments received during the draft EIS 45-day commentperiod; and Appendix J provides a summary of
`any incomplete or unavailable information identified during preparation ofthe final EIS.
`
`? On November 7, 2018, Orsted completed an acquisitionofall of the equity ofDeepwater Wind. A new company, Orsted US
`Offshore Wind, combines the personnel andassets of the two North American offshore wind developers. Orsted also
`subsequently renamedthe subsidiary as SFW. However, Deepwater Wind New England, LLC submitted their COP prior to this
`ownership and name change. Therefore, the EIS refers to SFW throughout.
`3 The most recent COP—South Fork WindFarm and South ForkExport Cable Construction and Operations Plan—isreferred to
`frequently throughout the EIS, and therefore the author-date citation is provided here at first mention only.
`
`
`1-1
`
`

`

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`South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`
`4.2
`
`PURPOSE OF AND NEED FOR THE PROPOSEDACTION
`
`Through a competitive leasing process under 30 CFR 585.211, Deepwater Wind New England, LLC was
`awarded Commercial Lease OCS-A 0486 covering an area offshore Rhode Island. This lease area was
`later assigned to SFW and segregated to Commercial Lease OCS-A 0517 (Lease). SFW has the exclusive.
`right to submit a COP for activities within the area ofthe Lease (Lease Area), and it has submitted a COP to
`BOEMproposingthe construction and installation, O&M, and conceptual decommissioning of the
`Project.
`
`The purposeofthe Project is to develop a commercial-scale offshore wind energy facility in the Lease
`Area with WTGs,an offshore substation, and one transmission cable making landfall in Suffolk County,
`New York. The Project would contribute to New York’s renewable energy requirements, particularly the
`state’s goal of developing 9,000 MW of offshore wind energy generation by 2030. In addition, SFW’s
`goalis to fulfill its contractual commitments to Long Island Power Authority (LIPA) pursuant to a power
`purchase agreement executed in 2017 resulting from LIPA’s technology-neutral competitive bidding
`process.
`
`The purpose of BOEM’s actionis to respond to and determine whether to approve, approve with
`modifications, or disapprove the COPto constructand install, operate and maintain, and decommission a
`commercial-scale offshore wind energy facility within the Lease Area. 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 USC 1332(3)), including
`consideration of natural resources and existing ocean uses. In addition, other federal agencies may
`consider requests for authorizations related to the Project under applicable laws and regulations not
`administered by BOEM.These considerations differ from BOEM’s consideration of the Proposed Action
`but they are related and constitute connected actions under 40 CFR 1508.25, with discrete purposes and
`
`needsbased ontheir respective statutory and regulatoryobligations. The purpose and needof other
`federalagencies’ action is to evaluate the applicant’s request pursuant to specific requirements ofthe
`statutes and implementing regulations administered by those agencies, considering impacts of the
`applicant’s activities on relevant resources, and if appropriate, issue the permit or authorization.
`
`

`

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`
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`
`Case 2:22-cv-01305-FB-ST Document 79 Filed 11/23/22 Page 11 of 67 PageID #: 3716
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`South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`
`CHAPTER 2. ALTERNATIVES INCLUDING THE PROPOSED
`ACTION
`
`2.1
`
`ALTERNATIVES
`
`This chapter describes in detail three action alternatives and a No Action alternative for the Project.
`Chapter 2, Section 2.1.5 provides a discussion ofthe alternative developmentprocess and alternatives not
`carried forward for analysis, whereas Chapter 2, Section 2.3 provides a summary and comparison of
`impacts by alternative.
`
`2.1.1
`
`Proposed Action Alternative
`
`The SFWF and SFECare the two primary componentsof the Project (see Figure 1.2-1). The Project uses
`a design envelope approach, consistent with BOEM’s Draft Guidance Regarding the Use ofa Project
`Design Envelope in a Construction and Operations Plan (BOEM 2018). This approachresults in a range
`of characteristics and locations for some componentsofthe Proposed Action. Chapter 1, Section 1.6 and
`Appendix D provide additional information on the PDE approach. The SFWF maximum work area
`(MWA)usedduring construction andinstallation would encompass the Lease Area as well as a buffer of
`approximately 2,070 feet around the outer edge of the proposed WTGlayout(for increased temporary
`workspace, as described in Section 3.1.1 of the COP). However, only a small portion of the Lease Area
`would be permanently developed and occupied by Project components(see Table 2.1.1-1).
`
`South Fork Wind Farm Component
`2.1.1.1
`SFWE would be located within federal waters (Atlantic Ocean) on the OCS,specifically in the Lease
`Area, approximately 16.6 nm (19-miles).southeast ofBlock-Island,-RhodeIsland, and.30.4.nm (35 miles).
`east ofMontauk Point, New York. Table 2.1.1-1 summarizes the SFWF components. Thesections that
`follow Table 2.1.1-1, Section 3.1 of the COP, and Appendix D provide additional details. A detailed map
`showingthe location ofall proposed WTGs,inter-array cables, and the offshore substation is provided in
`Figure 3.1-1 in the COP
`
`_.-___-.
`
`Table 2.1.1-1. South Fork Wind Farm Components and Footprint
`
`Operation Footprint
`Construction and
`Project
`(permanent)
`Installation Footprint
`Component
`(temporary)eee
`
`Project Envelope Characteristic
`
`Location
`
`WTGs
`
`Offshore
`
`Upto 15 WTGs; 6 to 12 MW each;
`sited in a grid with a spacing of
`approximately 1.0 nm (1.9 km, 1.15
`miles) x 1.0 nm (1.9 km, 1.15 miles)
`that aligns with other proposed
`adjacent offshore wind projects in the
`Rhode Island/Massachusetts Wind
`Energy Area
`
`17,202 acres (MWA)
`
`840 feet, measured from mean
`lowerwater levelto the tip of
`the blade
`
`Foundations
`
`Offshore
`
` Monopile with piles up to 11 metersin
`diameter
`
`14.8 acres
`
`14.6 acres
`
`Foundation cable protection
`
`Not applicable (N/A)
`
`7.5 acres
`
`

`

`Case 2:22-cv-01305-FB-ST Document 79 Filed 11/23/22 Page 12 of 67 PageID #: 3717
`Case 2:22-cv-01305-FB-ST Document 79 Filed 11/23/22 Page 12 of 67 PagelD #: 3717
`South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`
`
`
`Operation Footprint
`Construction and
`Project
`Component
`Installation Footprint
`(permanent)
`(temporary)
`
`
`Project Envelope Characteristic
`
`Location
`
`Offshore
`
`2.5 acres
`340 acres
` 34,5-kilovolt (kV) or 66-kV cable
`Inter-array
`bi
`10.2 acres
`N/A
`- Cable protection
`eanle
`
`
`oss Qffshore—Mounted on a dedicated framework or Same as foundations' If on dedicated framework: 150
`co-located with a WTG
`(see above)
`to 200 feet, measured from
`mean sealevel to the top of the
`substation.
`If collocated with a WTG:total
`maximum height of the OSS
`plus WTG would not exceed the
`height of other WTGs.
`
`
`
`Vessel
`anchoring /
`mooring
`
`Offshore
`
`Six vessels used during
`anchoring/mooring
`
`821 acres
`
`NIA
`
`
`
`
`O&Mfacility Onshore_—_Located in Montauk, New York, or Montauk: dredge 7,600 to 12,000 square feetof
`
`QuonsetPoint, Rhode Island
`footprint of up to 37,350
`office and storage space(all
`square feet
`locations)
`37.250 square feet of annual
`maintenance dredging
`
`
`
`
`Port facilities Onshore—Located in New York, Rhode Island, N/A (the SFWF would N/A (the SFWF would use
`
`Massachusetts, Connecticut, New
`use existing facilities
`existing facilities only.)
`
`Jersey, Maryland, or Virginia only.)
`
`Source: Jacobs (2021).
`Note: Table 3.1-1 in the COP provides a detailed description of assumptions used to develop the footprint estimates.
`
`2.1.1.1.1
`
`WIND TURBINE GENERATORS
`
`The SFWFwould consist of up to ISWTGs. SFW has committedto an indicative layout with WTGs a
`sited in a grid with a spacing of approximately 1.0 nm (1.9 kilometers [km], 1.15 miles) x 1.0 nm (1.9
`km, 1.15 miles) that aligns with other proposed adjacent offshore wind projects in the Rhode
`Island/Massachusetts Wind Energy Areas (RI-MA WEAs). Each WTG would comprise the following
`major components: a tower, nacelle (a cover housing the generator, gear box, drive train, and brake
`assembly), and rotor that includes the blades. Figure 3.1-3 in the COP provides typical dimensionsfor
`different WTGsize classes that could be used for the Project. Control, lighting, marking, and safety
`systems would beinstalled on each WTG. Each WTG would also contain small amounts of lubrication,
`grease, oil and cooling fluids, as well as heating, ventilation, and air conditioning for climate control. If
`needed, a small, temporary diesel generator could also be placed at each WTG on the work deck ofthe
`foundation, with a maximum powerof 200 horsepower(hp) and up to a 50-gallon diesel tank with
`secondary containment. Each WTG would also have helicopter access by means of winching personnel
`onto and/or from a landing area. Fugro (2018), SFWF (2017, 2016a, 2016b), and Jacobs (2021) provide
`additional design details.
`
`2.1.1.1.2
`
`FOUNDATIONS
`
`Each WTG would be supported by one steel monopile foundation installed into the seabed, as shown in
`COP Figure 3.1-2. Fugro (2018), SFWF (2017, 2016a, 2016b), and Jacobs (2021) provide additional
`design details.
`
`
`
`

`

`Case 2:22-cv-01305-FB-ST Document 79 Filed 11/23/22 Page 13 of 67 PageID #: 3718
`Case 2:22-cv-01305-FB-ST Document 79 Filed 11/23/22 Page 13 of 67 PagelD #: 3718
`
`South Fork Wind Farm and South Fork Export Cable Project Final Environmental Impact Statement
`
`2.1.1.1.3
`
`INTER-ARRAY CABLES
`
`Inter-array cables would connect individual WTGsandtransfer power between the WTGsandthe OSS.
`Theinter-array cables would either be a 34.5-kilovolt (kV) or a 66-kV three-phase, AC, 6- to 12-inch-
`diameter cables. The cables would contain three conductors, screens, insulators, fillers, sheathing, armor,
`and fiber optic cables; they would not contain lubricants, liquids, oils, or insulating fluids. The cables _
`would be buried in a seabedtrenchto a target depth of4 to 6 feet, for a total estimated maximum distance
`of 21.4 miles long. Where the inter-array cable emerges from the trench andis attached to the foundation,
`cable protection (rock or engineered concrete mattresses) would be used. Similarly, additional cable
`protection would be usedto protect portions ofthe inter-array cable that did not achieve the target burial
`depth (see Table 3.1-4 in the COP and Fugro [2021] for details).
`
`Fugro (2018), SFWF (2017, 2019a, 2019b), and Jacobs (2021) provide additional inter-array cable design
`details.
`
`2.1.1.1.4
`
`OFFSHORE SUBSTATION
`
`The OSS would collect electric energy generated by the WTGsthroughthe inter-array cables. The OSS
`would also house the supervisory control and data acquisition system that serves as the means for wind farm
`monitoring and control between the WTGs,substation, and onshore O&M facility. The OSS would consist
`of a high and secondary medium-voltage powertransformer, a reactor, and switchgears along withutility
`equipment and a small permanentdiesel generator. The OSS could also include boat landing and helicopter
`access(i.e., helideck) for emergency transport and limited maintenance activities, including transport of
`crew and supplies. The OSS would beeither 1) located above water on a platform supported by a foundation
`similar to those used for the WTGs and would bein line with the WTG’s east-west and north-south grid of
`1 x l-nm spacing, or 2) collocated on a foundation with a WTG (see Figure 3.1-4 in the COP).
`
`_ _2.1,1,.1.5
`
`OPERATIONS ANDMAINTENANCE FACILITY.
`
`The O&M facility would include the potential construction of a building,installation of a stationary land-
`based crane, andinstallation of one floating pontoon dock (floating dock) for crew transfer vessels so that
`O&Mstaff could prepare and mobilize for offshore maintenance activities. The O&M facility would be
`located in Montauk, New York, or Quonset Point, Rhode Island. The O&M facility would also include
`office and storage space for spare parts and other equipment.
`
`In-water work would not be required at the Quonset Pointlocation. If the Lake Montauk location is selected,
`modifications would be required for the in-water portions ofthe site, which currently functions as a marina
`(BOEM 2021). To allow for suitable depths for navigation and berthing of crew transfer vessels, dredging
`would be required; approximately 2,500 cubic yards of sediment would be dredged within a dredge footprint
`of up to 1,500 squ

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