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FAST-41 Missed Date: Section 404 Clean Water Act

Submitted by Anonymous on

Final Required Milestone Date of 06/15/2022 for Final Verification/Permit Decision Rendered (Cooperating/Participating Agency Action) has passed by 5 business days

Action
Project Name:
Lake Elsinore Advanced Pumped Storage Project
Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Cancelled
POC Name:
Corice Farrar
POC Title:
Chief, South Coast Branch, RG Division
POC Email:
corice.j.farrar@usace.army.mil

Description:

The Corps 404 permit action was cancelled on the Dashboard in March 2022 due to FERC’s dismissal, without prejudice, of the license application for the LEAPs project, which became a final Commission action on March 24, 2022. 

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Milestone Details

This milestone date is dependent on the applicant's submittal of a pre-construction notification/application package notification by the given target date of 3/11/2021.  The Corps coordinated with the Applicant on 9/18/2020. 

 

Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Current Target Date:
Milestone Details

This milestone date is dependent on the applicant's submittal of a complete pre-construction notification/application package notification by the given target date of 1/30/2022.  The Corps last coordinated with the Applicant on 10/28/2021.

Publication of Public Notice (Agency Action)
Current Target Date:
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is dependent on the applicant's submittal of a complete preconstruction notification by the target date for milestone 2, as well as the applicant's timely submittal of information of any information that may be necessary for a verification decision.  This milestone is also dependent upon the completion of the Section 7 Endangered Species Act and Section 106 National Historic Preservation Act consultations by FERC as the lead Federal agency, and completion of a 401 water quality certification or waiver from the CA State Water Quality Control Board.  The milestone is dependent upon the issuance of a Section 408 permission by the Corps, should it be required.  In general, to obtain a Section 404 permit, the Applicant must demonstrate that the discharge of dredged or fill material would not significantly degrade the nation's waters and there are no practicable alternatives less damaging to the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences.  The Applicant should also describe steps taken to minimize impacts to water bodies and wetlands and provide appropriate and practicable mitigation, such as restoring or creating wetlands, for any remaining, unavoidable impacts.  If a standard individual permit is required, the Applicant will be required to provide sufficient information for the Corps to assure compliance with Section 404(b)(1) Guidelines, including information for the Corps' alternative analysis to identify the Least Environmentally Damaging Practicable Alternative (LEDPA).  The analysis of impacts to WoUS will include direct, indirect, and cumulative effects.  Should compensatory mitigation be required for unavoidable impacts to the aquatic environment, this milestone will be dependent on the Applicant providing a compensatory mitigation plan for Corps' approval. 


View Action's Modification History

Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is dependent on the applicant's submittal of a complete preconstruction notification by the target date for milestone 2, as well as the applicant's timely submittal of information of any information that may be necessary for a verification decision.  This milestone is also dependent upon the completion of the Section 7 Endangered Species Act and Section 106 National Historic Preservation Act consultations by FERC as the lead Federal agency, and completion of a 401 water quality certification or waiver from the CA State Water Quality Control Board.  The milestone is dependent upon the issuance of a Section 408 permission by the Corps, should it be required.  In general, to obtain a Section 404 permit, the Applicant must demonstrate that the discharge of dredged or fill material would not significantly degrade the nation's waters and there are no practicable alternatives less damaging to the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences.  The Applicant should also describe steps taken to minimize impacts to water bodies and wetlands and provide appropriate and practicable mitigation, such as restoring or creating wetlands, for any remaining, unavoidable impacts.  If a standard individual permit is required, the Applicant will be required to provide sufficient information for the Corps to assure compliance with Section 404(b)(1) Guidelines, including information for the Corps' alternative analysis to identify the Least Environmentally Damaging Practicable Alternative (LEDPA).  The analysis of impacts to WoUS will include direct, indirect, and cumulative effects.  Should compensatory mitigation be required for unavoidable impacts to the aquatic environment, this milestone will be dependent on the Applicant providing a compensatory mitigation plan for Corps' approval. 

Project

PROJECT WEBSITE: LEAPS Hydropower

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

Cancelled

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
CANCELLED

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
N/A

0 out of 0

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Federal Energy Regulatory Commission

LEAD AGENCY
Federal Energy Regulatory Commission

Description:

The Lake Elsinore Advanced Pumped Storage Project (Project No. 14227) is a proposal to construct an original pumped storage project in California.  The proposed project would consist of:  (1) a new upper reservoir (Decker Canyon) having a 200-foot-high main dam and a gross storage volume of 5,750 acre-feet, at a normal reservoir surface elevation of 2,792 feet above mean sea level; (2) a powerhouse with two reversible pump-turbine units with a total installed capacity of 500 megawatts; (3) the existing Lake Elsinore to be used as a lower reservoir; (4) about 32 miles of 500-kilovolt transmission line connecting the project to an existing transmission line owned by Southern California Edison located north of the proposed project and to an existing San Diego Gas & Electric Company transmission line located to the south.

On December 9, 2021, Commission staff issued a letter dismissing, without prejudice, the license application for the project.  On January 7, 2022, the project sponsor filed a request for rehearing or, in the alternative, motion for temporary stay of dismissal of license application.  On March 24, 2022, the Commission issued an order sustaining the result of the December 9, 2021 order and denying the motion for temporary stay.  

FAST-41 Initiation Notice

Project Application and Supporting Documents

Federal Agency Actions

Status of Mitigation Measures

  • Not applicable.  On March 24, 2022, the Commission issued an order sustaining the result of the December 9, 2021 order dismissing the license application for the project.

FERC Litigation

  • None filed.

Public Meetings and Comment Periods

  • There are no planned public meetings or comment periods.  On March 24, 2022, the Commission issued an order sustaining the result of the December 9, 2021 order dismissing the license application for the project.

Last updated March 29, 2022

field_status
Approved
System Comments
Final Required Milestone Date of 06/15/2022 for Final Verification/Permit Decision Rendered (Cooperating/Participating Agency Action) has passed by 5 business days
Approver Comments
Exempting from nonconformance process because this action/project has been canceled.
Previous Action Status
Cancelled
New Action Status
Cancelled
Missed Date Process
No
Missed Date Triggered by Extension
No
New Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is dependent on the applicant's submittal of a complete preconstruction notification by the target date for milestone 2, as well as the applicant's timely submittal of information of any information that may be necessary for a verification decision.  This milestone is also dependent upon the completion of the Section 7 Endangered Species Act and Section 106 National Historic Preservation Act consultations by FERC as the lead Federal agency, and completion of a 401 water quality certification or waiver from the CA State Water Quality Control Board.  The milestone is dependent upon the issuance of a Section 408 permission by the Corps, should it be required.  In general, to obtain a Section 404 permit, the Applicant must demonstrate that the discharge of dredged or fill material would not significantly degrade the nation's waters and there are no practicable alternatives less damaging to the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences.  The Applicant should also describe steps taken to minimize impacts to water bodies and wetlands and provide appropriate and practicable mitigation, such as restoring or creating wetlands, for any remaining, unavoidable impacts.  If a standard individual permit is required, the Applicant will be required to provide sufficient information for the Corps to assure compliance with Section 404(b)(1) Guidelines, including information for the Corps' alternative analysis to identify the Least Environmentally Damaging Practicable Alternative (LEDPA).  The analysis of impacts to WoUS will include direct, indirect, and cumulative effects.  Should compensatory mitigation be required for unavoidable impacts to the aquatic environment, this milestone will be dependent on the Applicant providing a compensatory mitigation plan for Corps' approval. 

Response Date