BNSF/North Dakota DOT will submit a juisdictional delineation and a 404 permit application for Devils Lake Grade Raise Project to the U.S. Army Corps of Engineers (US ACE). US ACE will complete the 404 permitting process in 45-days from when they determine if the permit application is complete. Although, if the impacts to wetlands are found to be greater than .5 acres, US ACE will have to coordinate with other agencies (EPA, US FWS, etc) if these groups present reasonable objection to the use of a NWP 3, then the US ACE will have to prepare an individual permit. An individual permit takes about 120 days to issue.

Federal Railroad Administration will make an environmental determination and complete the NEPA process if the project qualifies for a categorical exclusion. An environmental assessment for this project would need a minimum of six months to complete from June 13, 2012.

FRA received environmental documentation from the Project Sponsor on 09/14/2012, processed and approved a categorical exclusion for Phase 2 of the Project on 09/27/2012.