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FAST-41 Missed Date:Endangered Species Act Consultation (DOI-FWS): ESA Consultation Request Package Submitted (Agency Action)

Submitted by Anonymous on

Agency Milestone Date of 07/31/2026 for ESA Consultation Request Package Submitted (Agency Action) has passed by 1 business days

Action
Project Name:
Kilbourne Graphite Project
Responsible Agency:
Fish and Wildlife Service
Agency Status: Cooperating under NEPA
Status:
Planned
POC Name:
Steve Kendrot
POC Title:
Deputy Field Supervisor
POC Email:
Stephen_Kendrot@fws.gov

Description:

Consult with the USFWS on any potentially impacted species. Based on a preliminary review of the project, species potentially present include: Northern long-eared bat (endangered); Tricolored bat (proposed endangered); and the Monarch butterfly (proposed threatened). 

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
  • Monthly Status Report for September 2026:
    The project sponsor is still finalizing the acoustical bat survey report and plans to provide it in September 2026. Once the report is submitted, USACE will evaluate the next steps for Section 7 consultation of the ESA with USFWS. 
  • Non-conformance Explanation:
    The Corps, as the lead federal agency, was unable to provide an effects determination and Biological Assessment (BA) to the USFWS.  The project sponsor is still performing required species surveys in the month of August 2026.  Once the surveys are completed, a BA and effects determination will be provided to USFWS. 
Current Target Date:
FWS determines ESA Consultation Package is Complete - Informal (Agency Action)
Current Target Date:
ESA Consultation Concludes (Agency Action)
Current Target Date:


View Action's Modification History

Milestone
ESA Consultation Request Package Submitted (Agency Action)
  • Monthly Status Report for September 2026:
    The project sponsor is still finalizing the acoustical bat survey report and plans to provide it in September 2026. Once the report is submitted, USACE will evaluate the next steps for Section 7 consultation of the ESA with USFWS. 
  • Non-conformance Explanation:
    The Corps, as the lead federal agency, was unable to provide an effects determination and Biological Assessment (BA) to the USFWS.  The project sponsor is still performing required species surveys in the month of August 2026.  Once the surveys are completed, a BA and effects determination will be provided to USFWS. 
Current Target Date:
Project

PROJECT WEBSITE: Kilbourne Graphite Project

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

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
08/01/2027

0 out of 4

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Mining

SECTOR
Mining

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Department of the Army

LEAD AGENCY
Department of the Army, US Army Corps of Engineers - Regulatory

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Description:

The Kilbourne Graphite Project includes an open-pit mine, associated waste rock and tailings management facilities, and an on-site processing plant.  This would include a fully integrated natural flake graphite mine and processing facility producing up to 40,000 tonnes per year of graphite concentrate along with purified and micronized products for industrial, energy, and defense applications.  Total project disturbance is expected to be approximately 600-800 acres.  The project is located in the northern Adirondack Lowlands in Fowler, St. Lawrence County, New York.

field_status
Rejected
System Comments
Agency Milestone Date of 07/31/2026 for ESA Consultation Request Package Submitted (Agency Action) has passed by 1 business days
Approver Comments
<p><span style="font-family:&quot;Aptos&quot;,sans-serif;font-size:11.0pt;">The project sponsor is still finalizing the acoustical bat survey report and plans to provide it in September 2026. Once the report is submitted, USACE will evaluate the next steps for Section 7 consultation of the ESA with USFWS.&nbsp;</span></p>
Previous Action Status
Planned
New Action Status
Planned
Missed Date Process
Yes
Missed Date Triggered by Extension
No
Agency Notified Date
New Milestone
ESA Consultation Request Package Submitted (Agency Action)
  • Monthly Status Report for September 2026:
    The project sponsor is still finalizing the acoustical bat survey report and plans to provide it in September 2026. Once the report is submitted, USACE will evaluate the next steps for Section 7 consultation of the ESA with USFWS. 
  • Non-conformance Explanation:
    The Corps, as the lead federal agency, was unable to provide an effects determination and Biological Assessment (BA) to the USFWS.  The project sponsor is still performing required species surveys in the month of August 2026.  Once the surveys are completed, a BA and effects determination will be provided to USFWS. 
Current Target Date:
Response Date
Reporting Agency
US Army Corps of Engineers - Regulatory