The dates for the milestones are driven by and coordinated with the Environmental Permitting/EIS component of the Mid-Barataria Program Schedule. The consultation trigger for both ESA and EFH consultation is the release of the Draft EIS. The Permitting/EIS schedule was pushed back by several months by consensus of the project applicant and the La TIG, resulting in the revised dates reported here. The drivers of the delay are numerous issues related to fully understanding the beneficial and adverse impacts to aquatic resources and socioeconomics.
Cooperating under NEPA
Description:
Target Completion for "Final NLAA/Biological Opinion Issued" is 6 months after all information is received and is contingent upon NMFS receiving sufficient information to complete ESA consultation.
Milestones:
-
Environmental Impact Statement (EIS)
:
Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
- Completed Date: 03/05/2021
This is the date that NMFS anticipates receiving the Draft Biological Assessment (BA), developed through multiple collaborative iterations with the state and action agency. NMFS performs final review and determines sufficiency of BA.
This is the date that NMFS anticipates receiving the Final BA with the request for formal consultation from the USACE, concurrent with issuance of the Draft EIS. Consultation initiation is contingent upon NMFS receiving sufficient information to initiate ESA consultation.
Final NLAA/Biological Opinion Issued. The final completion date is contingent upon NMFS receiving sufficient information to complete ESA consultation.
Final NLAA/Biological Opinion Issued. The final completion date is contingent upon NMFS receiving sufficient information to complete ESA consultation.
PROJECT WEBSITE: Mid-Barataria Sediment Diversion EIS
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
12/19/2022
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 Commerce, National Oceanic and Atmospheric Administration
Department of the Army, US Army Corps of Engineers - Civil Works
Department of the Interior, Fish and Wildlife Service
Description:
CURRENT STATUS:
The project status for MBSD is now "In Progress"
PROJECT DESCRIPTION:
On June 22, 2016, CPRA submitted a joint permit application which included a brief project description:
"The Mid-Barataria Sediment Diversion is a large scale, complex civil works and ecosystem restoration project. When operated, up to 75,000 cubic feet per second (cfs) of sediment laden water would be diverted from the Mississippi River to the mid-Barataria Basin to reconnect and re-establish the natural or deltaic sediment deposition process between the Mississippi River and the Barataria Basin to deliver sediment, freshwater, and nutrients to reduce land loss and sustain wetlands."
The proposed MBSD project has the potential for significant impacts and requires an Environmental Impact Statement (EIS) under the National Envrionmental Policy Act (NEPA) to inform a permit decision relative to the lead federal agency under Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act (Section 10), and permissions under Section 14 of the Rivers and Harbors Act (Section 408) The USACE-MVN Regulatory permit processing number is MVN-2012-2806-E00.
Additional project details can be found here:
Link to MBSD Regulatory webpage: here
Link to the MBSD Scoping Report (Jan 2018): here
Link to the 11 September 2017 Federal MOU for the MBSD permitting process: here
Link to the 25 January 2018 executed MOU between the State of Louisiana and FAST 41 Cooperating Agencies for the MBSD permit application: here
This Permitting Dashboard includes limitations on the types of milestones that are currently available to enter for tracking. The MBSD 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:
| Agency | Action | Milestone Detail | Details/Status | Milestone Date |
|---|---|---|---|---|
| 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 |
| 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 |
| 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 |
| LDEQ | Certification | Section 401 Water Quality Certification | Needed prior to issuance of a 10/404 permit decision | See Details/Status |
| 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 |
Original Target Date: 06/15/2021
Milestone: Conclusion of ESA Consultation
Requested extensions greater than 30 days for this Action are shown below:
Conclusion of ESA Consultation extended by 181
From: 06/15/2021
To: 12/13/2021