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Milestone Extension: Section 404 Clean Water Act

Submitted by craig.litteken… on

Because the Commission’s milestone target dates, including those for issuance of the draft and final NEPA documents and order, were modified to account for the additional time needed for the project sponsor to complete required studies, dependent milestone target dates are being modified accordingly.    

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
In Progress
POC Name:
Alex Kostra
POC Title:
Senior Project Manager

Milestones:

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

July 24, 2023, per the Applicant’s estimate.  Applicant must submit permit application to USACE in accordance with §404 CWA.  Dependencies: Applicant must submit §401 Pre-Filing Meeting Request to the state certifying authority at least 30 days prior to submittal of Certification Request/permit application. 

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

Permit application must be complete, per USACE regulations (33 CFR §325.1).  Please note, a complete permit application may not provide adequate information for the USACE to render a permit decision, in which USACE may request additional information, as needed.

Publication of Public Notice (Agency Action)
Completed Date:
Milestone Details

USACE will issue a Public Notice by this date, per USACE regulations.  Dependencies include receipt of complete permit application.

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

USACE can render a permit decision no earlier than 30 days after the Final EIS is published, per USACE Regulations.  However, this date is subject to dependencies, including but not limited to publication of the Final EIS, receipt of Section 401 Water Quality Certification or waiver, and conclusion of consultations pursuant to Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and any other relevant environmental laws & regulations.  USACE may require a mitigation plan compliant with the USACE/EPA 2008 Joint Mitigation Rule and information regarding alternatives from the Applicant prior to rendering a permit decision.  Should submission of any required information be delayed, USACE reserves its right to adjust this Target Completion Date as necessary.

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

USACE can render a permit decision no earlier than 30 days after the Final EIS is published, per USACE Regulations.  However, this date is subject to dependencies, including but not limited to publication of the Final EIS, receipt of Section 401 Water Quality Certification or waiver, and conclusion of consultations pursuant to Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and any other relevant environmental laws & regulations.  USACE may require a mitigation plan compliant with the USACE/EPA 2008 Joint Mitigation Rule and information regarding alternatives from the Applicant prior to rendering a permit decision.  Should submission of any required information be delayed, USACE reserves its right to adjust this Target Completion Date as necessary.

Project

PROJECT WEBSITE: https://www.seminoepumpedstorage.com

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
12/18/2026

0 out of 7

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

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of the Interior

Department of the Interior, Fish and Wildlife Service

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, Bureau of Land Management

Description:

The proposed 972-megawatt project would use the Bureau of Reclamation's existing Seminoe Reservoir on the North Platte River in Carbon County, Wyoming, as a lower reservoir and include the construction of a new upper reservoir; two 30-mile-long, 500-kilovolt transmission lines; and other project facilities.  The proposed project facilities would primarily be located on Bureau of Land Management lands.

Update: 

The Executive Director granted Federal Energy Regulatory Commission's request to extend the Section 404 (USACE), ESA (FWS), Lease of Power Privilege (BOR), and Right-of-Way Authorization (BLM) completion dates on July 28, 2023. The Executive Director determination is posted here.

field_status
System Comments
Furthest out
Original Target Date: 12/23/2024
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 574
From: 10/20/2025
To: 07/20/2026
Approver Comments
Executive Director Determination signed on 9/4/24.
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

USACE can render a permit decision no earlier than 30 days after the Final EIS is published, per USACE Regulations.  However, this date is subject to dependencies, including but not limited to publication of the Final EIS, receipt of Section 401 Water Quality Certification or waiver, and conclusion of consultations pursuant to Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and any other relevant environmental laws & regulations.  USACE may require a mitigation plan compliant with the USACE/EPA 2008 Joint Mitigation Rule and information regarding alternatives from the Applicant prior to rendering a permit decision.  Should submission of any required information be delayed, USACE reserves its right to adjust this Target Completion Date as necessary.

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

USACE can render a permit decision no earlier than 30 days after the Final EIS is published, per USACE Regulations.  However, this date is subject to dependencies, including but not limited to publication of the Final EIS, receipt of Section 401 Water Quality Certification or waiver, and conclusion of consultations pursuant to Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and any other relevant environmental laws & regulations.  USACE may require a mitigation plan compliant with the USACE/EPA 2008 Joint Mitigation Rule and information regarding alternatives from the Applicant prior to rendering a permit decision.  Should submission of any required information be delayed, USACE reserves its right to adjust this Target Completion Date as necessary.