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Permitting Action Modification History

In Progress
On September 16, 2025, the sponsor conducted a pre-filing meeting with the Certifying Authority (CA), the Nevada Department of Environmental Protection (NDEP). The sponsor submitted the 401 Water Quality Certification (WQC) request to the CA on December 4, 2025, consistent with 40 CFR 121.5. The application was deemed complete on December 10, 2025, and the Reasonable Period of Time (RPOT) was set for 180 days to end June 8, 2026 in accordance with the Section 4.C.3 (Reasonable Period of Time) of the Memorandum of Understanding between the NDEP and USACE. On April 21, 2026, the CA identified an EIS was involved after viewing the Section 404 Permit Application Supplement and FAST-41 milestone schedule and notified the Corps and the applicant that the original June 8, 2026 RPOT was incorrect given the new information. On June12, 2026, the CA requested a RPOT for the WQC to be completed on August 14, 2026, in accordance with 40 CFR 121.6(d-e) and the programmatic Memorandum of Understanding between the Corps and NDEP.Therefore, the Corps agreed to a RPOT extension of two months for NDEP to make a WQC decision, ending on August 14, 2026. Within five days of receiving a CA’s WQC decision (certification or waiver), the Corps is required to provide the EPA with written notification consistent with 40 CFR 121.12(a). Within 30 days of Corps notification to EPA, EPA must determine whether a discharge from the project may affect water quality in a neighboring jurisdiction (40 CFR 121.13). Should the EPA not make a “may affect” finding, the Corps can then make a final permit decision. The Corps and the EPA intend to expedite the WQC steps associated with the neighboring jurisdiction.When the Corps’ permit evaluation is substantially complete absent a 401 WQC decision, the Corps may provide the sponsor with a provisional notification. The provisional notification does not authorize the sponsor to undertake the activities that require a Department of the Army permit. The provisional notification specifies that no final Department of the Army permit can be issued until the 401 WQC process has been completed. The Corps does not intend to include a provisional notification milestone at this time.The Corps is requesting to move the “Final Verification/Permit Decision Rendered (Agency Action)” milestone to the anticipated conclusion of the 401 WQC and EPA process to August 31, 2026.  This would allow the EPA to have 7 days for processing the neighboring jurisdiction request and allow for approximately 3 days for signatures following completion of that process. , basic_html
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) 08-14-2025 08-14-2025 --- Yes
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action) 08-26-2025 08-26-2025 --- Yes
Publication of Public Notice (Agency Action) 08-26-2025 08-26-2025 --- Yes
Final Verification/Permit Decision Rendered (Agency Action) 08-14-2026 08-31-2026 --- No
In Progress
The USFWS was able to determine the formal consultation package was complete 1 week early, which has a cascading effect on other actions and milestones. , basic_html
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) 08-14-2025 08-14-2025 --- Yes
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action) 08-26-2025 08-26-2025 --- Yes
Publication of Public Notice (Agency Action) 08-26-2025 08-26-2025 --- Yes
Final Verification/Permit Decision Rendered (Agency Action) 08-14-2026 08-07-2026 --- 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) 08-14-2025 08-14-2025 --- Yes
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action) 08-26-2025 08-26-2025 --- Yes
Publication of Public Notice (Agency Action) 08-26-2025 08-26-2025 --- Yes
Final Verification/Permit Decision Rendered (Agency Action) 08-14-2026 08-14-2026 --- No