Justification: The Coastal Protection and Restoration authority (Applicant/Project Sponsor), 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. This request is the result of a minor change in the construction area for the Project. Specifically, at the request of the Chitimacha Tribe of Louisiana and the Choctaw Nation of Oklahoma, CPRA agreed to move a portion of the basin-side vessel access alignment to avoid an archaeological site of concern to the Tribes. That relocation required CPRA to work with the underlying landowner to identify an acceptable alternative vessel access route. This coordination and identification of an alternative vessel access route delayed progress on USACE’s permitting and environmental review for the Project.
Additional Questions:
- 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 Applicant/ Project Sponsor has been consulted in the creating of the new target dates starting with the initial schedule that was sent in September 2024. There have been multiple revisions and schedule meetings since that time. The Project Sponsor requested the change and thus has concurred with the proposed schedule changes
- 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 subsequent quarterly report.
- 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 cannot be resolved by alternative adjustments geared towards making up for the time lost as a result of the delay.
- Has your agency CERPO and/or the lead agency CERPO for the project been made aware of the delay and the possible effect it may have on the project? Yes, our agency CERPO, which is the lead agency CERPO, has been made aware of the delays and their effects on the project schedule. The CERPO has reviewed the revised schedule and concurs with the changes.
Description:
Milestone dates are dependent upon compliance with, but not limited to, Section 7 of ESA, MMPA, Section 106 of NHPA, Section 401 WQC, CUP; Permission granted or denied concurrent with ROD. The District ATR completion is contingent on receipt of all required documentation stated in EC 1165-2-220.
Milestones:
Section 408 Written Request Letter Received.
-
Fish and Wildlife Coordination Act Review (DOI – FWS)
:
Fish and Wildlife Coordination Act review concluded (Agency Action)
- Current Target Date: 03/28/2028 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Current Target Date: 04/01/2026 -
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Current Target Date: 03/28/2028 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 10/08/2026 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 10/08/2026 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Current Target Date: 03/28/2028
Milestone date is dependent upon compliance of, but not limited to, Section 7 of ESA, MMPA, Section 106 of NHPA, Section 401 WQC, CUP. Section 408 Decision will be made 120 days following the completion determination for the final milestone of the multi-phase review. Permission granted or denied concurrent with ROD.
-
Fish and Wildlife Coordination Act Review (DOI – FWS)
:
Fish and Wildlife Coordination Act review concluded (Agency Action)
- Current Target Date: 03/28/2028 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Current Target Date: 04/01/2026 -
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Current Target Date: 03/28/2028 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 10/08/2026 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 10/08/2026 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Current Target Date: 03/28/2028
Milestone date is dependent upon compliance of, but not limited to, Section 7 of ESA, MMPA, Section 106 of NHPA, Section 401 WQC, CUP. Section 408 Decision will be made 120 days following the completion determination for the final milestone of the multi-phase review. Permission granted or denied concurrent with ROD.
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.
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 June 14, 2024. The Executive Director determination is posted here.
-
Fish and Wildlife Coordination Act Review (DOI – FWS)
:
Fish and Wildlife Coordination Act review concluded (Agency Action)
- Current Target Date: 03/28/2028 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Current Target Date: 04/01/2026 -
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Current Target Date: 03/28/2028 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 10/08/2026 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 10/08/2026 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Current Target Date: 03/28/2028
Milestone date is dependent upon compliance of, but not limited to, Section 7 of ESA, MMPA, Section 106 of NHPA, Section 401 WQC, CUP. Section 408 Decision will be made 120 days following the completion determination for the final milestone of the multi-phase review. Permission granted or denied concurrent with ROD.
-
Fish and Wildlife Coordination Act Review (DOI – FWS)
:
Fish and Wildlife Coordination Act review concluded (Agency Action)
- Current Target Date: 03/28/2028 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Current Target Date: 04/01/2026 -
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Current Target Date: 03/28/2028 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 10/08/2026 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 10/08/2026 -
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Current Target Date: 03/28/2028
Milestone date is dependent upon compliance of, but not limited to, Section 7 of ESA, MMPA, Section 106 of NHPA, Section 401 WQC, CUP. Section 408 Decision will be made 120 days following the completion determination for the final milestone of the multi-phase review. Permission granted or denied concurrent with ROD.
Original Target Date: 11/13/2024
Milestone: Issuance of Decision (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
Issuance of Decision (Agency Action) extended by 1231
From: 09/02/2027
To: 03/28/2028