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Milestone Extension: Section 404 Clean Water Act

Submitted by cori.carraway@… on

The project crosses through U.S. Army Corps of Engineers Portland District and Walla
Walla District Regulatory boundaries. The Portland District is the lead district for
evaluation of the Department of the Army permit requirements.
The Portland District received a permit application for the proposed project on 30
January 2023 and found the application to be incomplete by 3 February 2023. Upon
coordination with BLM and the applicant, a revised application will be submitted for the
proposed project on or by 31 December 2023. The updated permit review schedule is
as follows:
Application/Preconstruction Notification (PCN) submitted: 30 January 2023
Complete PCN : 31 December 2023
Public Notice published (if PCN complete): N/A
Final verification/permit decision rendered: 28 June 2024
The delay in receipt of a complete PCN and the requirement for an individual 401 water
quality certification from the state of Oregon shifts the subsequent milestones, resulting
in a final permit decision six months after the currently published date of 15 February
2024. No public notice is anticipated at this time since there are no proposed impacts
that exceed the thresholds of the Nationwide Permit 57, which authorizes certain
activities under Section 404 of the Clean Water Act for electric utility line and
telecommunications activities.

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Benny Dean
POC Title:
Regulatory Project Manager

Description:

The project crosses Portland and Walla District Regulatory areas of responsibility (AOR); Portland is designated as the lead District for coordination, but each district is responsible for permit decision(s) in its AOR.  To date, applications have not been submitted.  The target end date presumes complete applications will be submitted by January 31, 2023.  This project timeline will be revised once either district receives a complete application and determines the type of review that will be required, e.g. standard individual permit or general permit(s).  The Districts will also require BLM's documentation of compliance with Section 7 ESA and Section 106 of the NHPA.

Milestones:

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

"On August 28 2019, the prospective applicant has indicated they expect to submit an application/PCN by August 1, 2022. This milestone is dependent on the submittal of an application/preconstruction notification by the prospective applicant/project sponsor by the specified date.  Reconfirmed on 26 FEB 2020

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

Target date is dependent on the submittal of a complete application (per 33 CFR 325.1(d)(10)) or PCN by applicant on the target date provided by the applicant for milestone 1.  The Corps would review the submittal for completeness within 15 days of receipt.

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

This milestone target date is dependent on the submittal of a complete application/PCN by the prospective applicant by the specified date for milestone 2. We expect to render a decision within 6 months of receiving a complete application/PCN from the prospective applicant. A final decision under our Regulatory authorities is dependent upon our receipt of written documentation of compliance with/ fulfillment of: Tribal Trust Responsibilities, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson‐Stevens Fishery Conservation and Management Act from the BLM. In addition, a Department of the Army permit cannot be issued until we receive: a Section 401 Water Quality Certification or waiver from Oregon Department of Environmental Quality or the Idaho Department of Environmental Quality. Finally, we require, if applicable, a complete mitigation plan and information regarding alternatives from the applicant prior to rendering a permit decision. The current target milestone date is based on receiving the information detailed above (as applicable) no later than December 17, 2022 (60 days prior to the milestone target date). Should the required information not be provided by that time, the estimated timeline will be adjusted accordingly.

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

This milestone target date is dependent on the submittal of a complete application/PCN by the prospective applicant by the specified date for milestone 2. We expect to render a decision within 6 months of receiving a complete application/PCN from the prospective applicant. A final decision under our Regulatory authorities is dependent upon our receipt of written documentation of compliance with/ fulfillment of: Tribal Trust Responsibilities, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson‐Stevens Fishery Conservation and Management Act from the BLM. In addition, a Department of the Army permit cannot be issued until we receive: a Section 401 Water Quality Certification or waiver from Oregon Department of Environmental Quality or the Idaho Department of Environmental Quality. Finally, we require, if applicable, a complete mitigation plan and information regarding alternatives from the applicant prior to rendering a permit decision. The current target milestone date is based on receiving the information detailed above (as applicable) no later than December 17, 2022 (60 days prior to the milestone target date). Should the required information not be provided by that time, the estimated timeline will be adjusted accordingly.

Project

PROJECT WEBSITE: Boardman To Hemingway Project Page

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
12/10/2024

9 out of 9

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Electricity Transmission

SECTOR
Electricity Transmission

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Department of the Interior

LEAD AGENCY
Department of the Interior, Bureau of Land Management

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

No icon

Department of Defense, US Navy

Department of Agriculture

Department of Agriculture, US Forest Service

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of the Interior

Department of the Interior, Bureau of Reclamation

Department of the Army

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

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Description:

PacifiCorp, Bonneville Power Administration (BPA), and Idaho Power jointly propose to design, construct, operate and maintain a new 500 kilovolt, single-circuit electric transmission line from a proposed substation near Boardman, Oregon to the Hemingway Substation near Melba, Idaho. The 500kV line will span approximately 300 miles total, 88 miles on land managed by the Bureau of Land Management (BLM). The project would provide additional capacity for exchanging energy between the Pacific Northwest and the Intermountain West, depending on which region is experiencing the highest demand.

BLM received Idaho Power Company’s Boardman to Hemingway Transmission Line Project application and Plan of Development (POD) on Dec. 19, 2007.

In keeping with its mission and NEPA, BLM has established collaborative relationships with many Federal, State and local organizations to facilitate cooperative government reviews, ensure science-based decision-making, and prevent duplicative efforts. As part of this approach, BLM incorporates input from the public and affected local governments into the review process. BLM relies on this input to develop an Environmental Impact Statement (as required by 30 CFR 550.269) to support its decision-making process. Additional information, including NEPA documentation, can be found on the Boardman to Hemingway project page, http://boardmantohemingway.com.

 

Update:

The Executive Director granted a Bureau of Land Management (BLM) request to extend the ; Use Authorization (DOI-BOR) & Section 404 Clean Water Act (USACE) completion date on November 18, 2022. The Executive Director determination is posted here.

 

field_status
System Comments
Furthest out
Original Target Date: 09/30/2022
Milestone: Final Verification/Permit Decision Rendered (Agency Action)

Requested extensions greater than 30 days for this Action are shown below:

Final Verification/Permit Decision Rendered (Agency Action) extended by 637
From: 05/31/2023
To: 06/28/2024
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone target date is dependent on the submittal of a complete application/PCN by the prospective applicant by the specified date for milestone 2. We expect to render a decision within 6 months of receiving a complete application/PCN from the prospective applicant. A final decision under our Regulatory authorities is dependent upon our receipt of written documentation of compliance with/ fulfillment of: Tribal Trust Responsibilities, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson‐Stevens Fishery Conservation and Management Act from the BLM. In addition, a Department of the Army permit cannot be issued until we receive: a Section 401 Water Quality Certification or waiver from Oregon Department of Environmental Quality or the Idaho Department of Environmental Quality. Finally, we require, if applicable, a complete mitigation plan and information regarding alternatives from the applicant prior to rendering a permit decision. The current target milestone date is based on receiving the information detailed above (as applicable) no later than December 17, 2022 (60 days prior to the milestone target date). Should the required information not be provided by that time, the estimated timeline will be adjusted accordingly.

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

This milestone target date is dependent on the submittal of a complete application/PCN by the prospective applicant by the specified date for milestone 2. We expect to render a decision within 6 months of receiving a complete application/PCN from the prospective applicant. A final decision under our Regulatory authorities is dependent upon our receipt of written documentation of compliance with/ fulfillment of: Tribal Trust Responsibilities, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson‐Stevens Fishery Conservation and Management Act from the BLM. In addition, a Department of the Army permit cannot be issued until we receive: a Section 401 Water Quality Certification or waiver from Oregon Department of Environmental Quality or the Idaho Department of Environmental Quality. Finally, we require, if applicable, a complete mitigation plan and information regarding alternatives from the applicant prior to rendering a permit decision. The current target milestone date is based on receiving the information detailed above (as applicable) no later than December 17, 2022 (60 days prior to the milestone target date). Should the required information not be provided by that time, the estimated timeline will be adjusted accordingly.