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Permitting Action Modification History

Complete
N/A
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action) 02-22-2021 02-22-2021 --- Yes
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action) 03-15-2021 03-15-2021 --- Yes
Publication of Public Notice (Agency Action) 03-29-2021 03-29-2021 --- Yes
Final Verification/Permit Decision Rendered (Agency Action) 02-17-2023 02-17-2023 06-23-2023 Yes
In Progress
Updating USACE final milestone based on Fiscal Responsibility Act of 2023 requirement for USACE to issue their final permit within 21-days.
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action) 02-22-2021 02-22-2021 --- Yes
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action) 03-15-2021 03-15-2021 --- Yes
Publication of Public Notice (Agency Action) 03-29-2021 03-29-2021 --- Yes
Final Verification/Permit Decision Rendered (Agency Action) 02-17-2023 02-17-2023 06-24-2023 No
In Progress
USACE continues to review the information provided in the revised BO and comments received from the most recent public notice. USACE final permit decision under Section 404 of the Clean Water Act is dependent on the WVDEP 401 Water Quality Certification.    USACE is awaiting the 401 water quality certification before rendering a final permit decision under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA).
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action) 02-22-2021 02-22-2021 --- Yes
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action) 03-15-2021 03-15-2021 --- Yes
Publication of Public Notice (Agency Action) 03-29-2021 03-29-2021 --- Yes
Final Verification/Permit Decision Rendered (Agency Action) 02-17-2023 02-17-2023 06-30-2023 No
In Progress
The USACE permit decision under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act is dependent upon the Federal Energy Regulatory Commission’s (FERC’s) completion of consultation with the Department of the Interior, Fish and Wildlife Service (FWS) under the Endangered Species Act (ESA). When issuing a Section 10/404 permit, USACE considers any Biological Opinion (BO) and mitigation measures resulting from ESA consultation to ensure the final Section 10/404 permit decision is consistent with the analysis and requirements of the BO. Conclusion of ESA consultation was originally anticipated to be December 12, 2022, but FERC and FWS agreed to extend the formal consultation period by 60 days to allow for additional time to coordinate and review information. USACE projected the need for a minimum of 60 days after issuance of the BO to review the final BO, incorporate and address any required project changes and/or required threatened and endangered species mitigation measures into its supporting analysis within its individual permit record of decision, and to render a final permit decision consistent with the analysis and requirements of the final BO.   The FWS revised BO was issued on February 28, 2023. USACE has identified an alternative completion date of April 29, 2023, for their final Section 10/404 permit decision.
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action) 02-22-2021 02-22-2021 --- Yes
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action) 03-15-2021 03-15-2021 --- Yes
Publication of Public Notice (Agency Action) 03-29-2021 03-29-2021 --- Yes
Final Verification/Permit Decision Rendered (Agency Action) 02-17-2023 02-17-2023 04-29-2023 No
In Progress
N/A
Milestone Original Target Date Current Target Date Alternative Completion Date Milestone Complete?
Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action) 02-22-2021 02-22-2021 --- Yes
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action) 03-15-2021 03-15-2021 --- Yes
Publication of Public Notice (Agency Action) 03-29-2021 03-29-2021 --- Yes
Final Verification/Permit Decision Rendered (Agency Action) 02-17-2023 02-17-2023 --- No