The USACE (lead federal agency), in coordination with CPRA (Applicant/Requester), is requesting time extensions for all the planned and in-progress target milestone dates on the permitting dashboard for CPRA’s Mid-Breton Sediment Diversion project. Additional time is required to perform an adequate assessment of conformance with relevant laws and regulations and to conduct the environmental review (relevant factor). The revised schedule will incorporate a quality assurance and technical review process that addresses the poor quality of the work products provided by the third-party contractor (TPC). USACE and CPRA have been working together to address these issues with the TPC. To rectify these issues, the following has been added: (1) weekly meetings to better track work activities and provide a more informal forum for the TPC to ask questions and discuss issues; (2) more TPC staff to fill the various roles/responsibilities that have been lacking; and (3) additional professional resources (supplemental contractors) to conduct quality assurance and technical review of the TPC’s work products.
This is a complex EIS that requires a certain level of quality assurance and technical review to ensure the document is accurate, consistent, and easily readable by the public. Previously, those activities were not sufficient. However, the added actions described in the paragraph above will ensure that USACE will have a good quality environmental document to utilize in making an informed permit and permission decision.
- List the agencies with which you coordinated this decision. These changes were coordinated with the Applicant and all cooperating agencies (EPA, DOI, FWS, NOAA, NMFS, NRCS, USDA, USCG and USGS).
- Confirm whether or not the project sponsor was consulted in creating the new target date. Is the project sponsor concerned with the date change? Yes, the CPRA has been consulted in the creating of the new target dates starting with the initial schedule that was sent in September 2023. There have been multiple revisions and schedule meetings since that time. The CPRA issued correspondence to USACE concurring with the proposed schedule changes on March 20, 2024.
- Does the date change affect any other aspects of the permitting timetable? If so, /did you coordinate with the affected agencies? The date changes affect all the planned or in-progress target milestone dates on the permitting timetable. These changes were coordinated with the Project Sponsor and all cooperating agencies (DOI, FWS, NOAA, NMFS, NRCS, USDA, USCG and USGS).
- Have any issues related to this date change been documented in the project's CPP or discussed at the project specific CERPO meeting? The date changes have been discussed at the project specific CERPO meeting. The plan is to document any changes in the CPP’s FY24 third quarter review.
- Is there any opportunity for the permitting timetable to be adjusted to make up for the time lost as a result of this delay? No. The delays are too significant and cannot be resolved by alternative adjustments geared towards making up for the time lost as a result of the delay.
Description:
Target Completion for "Final NLAA/Biological Opinion Issued" is 6 months after all information is received and is contingent upon NMFS receiving sufficient information to complete ESA consultation.
Milestones:
-
Environmental Impact Statement (EIS)
:
Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
- Current Target Date: 11/07/2025
This is the date that NMFS receives the Draft Biological Assessment (BA), developed through multiple collaborative iterations with the state and action agency. NMFS performs final review and determines sufficiency of the BA.
This is the date that NMFS anticipates receiving the Final BA with the request for formal consultation from the USACE, after the issuance of the Draft EIS and significantly, following reporting on public comment. Consultation initiation is contingent upon NMFS receiving sufficient information to initiate ESA consultation.
Final NLAA/Biological Opinion Issued. The final completion date is contingent upon NMFS receiving sufficient information to complete ESA consultation.
Final NLAA/Biological Opinion Issued. The final completion date is contingent upon NMFS receiving sufficient information to complete ESA consultation.
PROJECT WEBSITE: https://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Breton-Sediment-…
All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS
ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
03/28/2028
ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED
SECTOR
Water Resources
CATEGORY
Project Category
FAST-41 Covered Projects
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 Army, US Army Corps of Engineers - Civil Works
Department of the Interior, Fish and Wildlife Service
Department of Commerce, National Oceanic and Atmospheric Administration
Description:
The purpose of the proposed Mid-Breton Sediment Diversion is to reconnect and re-establish the deltaic sediment deposition process between the Mississippi River and the Breton Sound Basin through a large-scale sediment diversion that is consistent with the Louisiana Coastal Master Plan. The Mid-Breton Sediment Diversion will deliver sediment, freshwater, and nutrients to Breton Sound Basin in order to create, preserve, restore, and sustain wetlands and counteract the effects of subsidence, sea level rise, recent hurricane events, and the DWH oil spill. The Mid-Breton Sediment Diversion is needed as a long-term resilient, sustainable strategy to reduce land loss rates and sustain and restore wetlands.
Additional information about the project including the Fast-41 Initiation Notice (FIN), the joint permit application submitted by the project sponsor to USACE, public meeting and public comment period information, and other significant documents associated with the environmental review that may be available can be found on this link to the USACE Mid-Breton Sediment Diversion Project Website.
This Permitting Dashboard includes limitations on the types of milestones that are currently available to enter for tracking. The Mid-Breton Sediment Diversion project involves some authorizations/laws unsupported by the Permitting Table displayed at the bottom of this webpage. For improved transparency, USACE is providing this supplemental table to track additional authorizations/laws that may be necessary for completion of the regulatory process:
Additional laws/authorizations for Mid-Breton Sediment Diversion:
|
Responsible Agency |
Environmental Review or Authorization |
Milestone |
Milestone Details (if applicable) |
Target Completion Date |
STATUS |
|---|---|---|---|---|---|
|
CPRA |
Bipartisan Budget Act of 2018 |
CPRA begins consultation with NMFS on marine mammal impact minimizing, monitoring, and evaluation. |
Following issuance of the MMPA waiver, the State will begin consultation with NMFS (using existing coordination processes to the extent possible) regarding practicable measures to minimize impacts to marine mammals, and measures to monitor and evaluate the impacts of the MBSD from construction, operation and maintenance. To date, the project sponsor has been in contact with NMFS about Phase I and Phase II marine mammal baseline data/monitoring. |
End Date not provided by CPRA |
TBD |
|
LDOTD |
Permit |
temporary access, alter, or use an existing ROW |
Reviewed at the LDOTD district level.Typical timeframe for review of COMPLETE application is 45 days. |
see Details/Status |
TBD |
|
LDOTD |
Permit |
impacts to construction affecting Louisiana Hwy 23 and for related work within LDOTD ROW |
Reviewed at the LDOTD District and HQ levels.Typical timeframe for review of a COMPLETE application is 90 days. |
see Details/Status |
TBD |
|
LDEQ |
Certification |
Section 401 Water Quality Certification |
Needed prior to issuance of a 10/404 permit decision |
see Details/Status |
TBD |
|
LDNR |
CUP |
Coastal Use Permit |
Currently On-Hold for Federal NEPA process; Needed prior to issuance of a 10/404 permit decision |
see Details/Status |
TBD |
Update:
The Executive Director granted a U.S. Army Corps of Engineers request to extend several final completion dates for the Mid-Breton Sediment Diversion project on October 19, 2021. The Executive Director determination is posted here.
The Executive Director granted a U.S. Army Corps of Engineers request to extend several final completion dates for the Mid-Breton Sediment Diversion project on May 17, 2023. The Executive Director determination is posted here.
Final NLAA/Biological Opinion Issued. The final completion date is contingent upon NMFS receiving sufficient information to complete ESA consultation.
Final NLAA/Biological Opinion Issued. The final completion date is contingent upon NMFS receiving sufficient information to complete ESA consultation.
Original Target Date: 08/11/2023
Milestone: ESA Consultation Concludes (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
ESA Consultation Concludes (Agency Action) extended by 973
From: 06/19/2025
To: 04/10/2026