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Clean Water Act Section 404 Permit

Project Name: 
Target Completion: 
03/09/2020
Status: 
In Progress
Responsible Agency: 
US Army Corps of Engineers - Regulatory
Agency Status: 
Cooperating under FAST-41
Cooperating under NEPA
Reason(s): 
Description: 

The US Army Corps of Engineers Alaska District is reviewing the proposed action pursuant to Section 404 of the Clean Water Act (CWA), which requires Department of Army authorization for the discharge of dredged and fill material into “waters of the U.S.”  The District's review may extend to other other jurisdictions of the U.S. Army Corps of Engineers, such as Section 10 of the Rivers and Harbors Act and Section 103 of the Marine Sanctuary Research and Preservation Act.  The timeline and milestones for the Corps review are the same regardless of which authorities are implicated since the Corps still only conducts a single review under these authorities.  As such, only a single Section 404 authorization is listed on the timeline even though other authorities may be implicated.

The Alaska District expects to render a decision within 90 days of FERC completing its environmental document.  This decision is dependent upon receiving Section 7 Endangered Species Act compliance and Section 106 National Historic Preservation Act compliance documentation from FERC during that 90 day period.  This decision is also dependent upon on receiving from the applicant a complete application, information on alternatives, and a mitigation plan as outlined in 33 CFR 332 at least 120 days prior to FERC completing its environmental document.  Note, the applicant does not expect to submit a complete application until 2018.  Milestones/timelines will be updated once an application is received, to the extent specific dates can be identified.

Milestones:
Pre-Construction Notification (PCN) / Form ENG 4345 / Joint Application Form Received
The applicant submitted an incomplete permit application in April 2017. The Corps requested additional information required to make the application complete in June 2017. The applicant submitted additional information for the permit application on March 21, 2018. The Corps reviewed the additional information and responded to the applicant on May 18, 2018,requesting additional information regarding project impacts, mitigation (avoidance, minimization, and compensation), restoration, and revegetation.
Complete 04/14/2017
Pre-Construction Notification (PCN) / Application Deemed Complete
Although not required for a complete application, the applicant has elected to wait to submit a complete application until a Preliminary Jurisdictional Determination (PJD) is provided to them from the Corps. The Corps is currently reviewing the applicant’s provided wetland delineation information, and will work with the applicant to complete a PJD over the next several months. The applicant has not indicated how soon after receiving a completed PJD they plan to submit a complete application. Please note, that based on FERC's projected FEIS date of 9-DEC-19, the Corps would need a complete permit application no later than 12-NOV-19 in order to render a decision 90 days after the FEIS is published. This projected date has been adjusted to account for federal holidays.
Planned
Publication of Public Notice
A PN will be published within 15 days of the receipt of a complete application, which is expected in 2018.
Planned
Final Verification / Permit Decision Rendered
The Alaska District expects to render a permit decision within 90 days of FERC completing its FEIS. This decision is dependent upon receiving Section 7 Endangered Species Act compliance and Section 106 National Historic Preservation Act compliance documentation from FERC during that 90 day period, or before. This decision is also dependent upon receiving from the applicant a complete application, information on alternatives, and a mitigation plan as outlined in 33 CFR 332 at least 120 days prior to 9-MAR-20 (12-NOV-19).
Planned
Target: 03/09/2020
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