Reason for Delays: The Project Sponsor has faced some challenges with delivering information and modeling results needed to support the EIS by the due dates stated in the EIS schedule agreed to by the Project Sponsor, USACE, and cooperating agencies. The cumulative effect of these individual challenges has resulted in the need to extend the targeted dates identified for the major milestones on the permitting dashboard.
Additional Information
(1) List the agencies with which you coordinated this decision. Response: MVN has coordinated with the following cooperating agencies: EPA, DOI, FWS, NOAA, NMFS, NRCS, USDA, and USGS.
(2) Confirm whether or not the project sponsor was consulted in creating the new target completion date. Response: Yes, the Project Sponsor was consulted. The reason for the delays are associated with the challenges faced by the Project Sponsor in providing the information needed for the EIS. Therefore, the Project Sponsor spearheaded the revised EIS project schedule dates including those changes that are reflected on the permitting dashboard.
(3a) Does the date change affect any other aspects of the permitting timetable? Response: The date changes are the result of the overall EIS schedule changes developed to address the challenges faced by the Project Sponsor with delivering information and modeling results needed to support the EIS by the due dates.
(3b) If so, did you coordinate with the affected agencies? Response: Although the response to this specific action milestone for Question 3a is no, just wanted to ensure it was understood that all agencies associated with the actions on the permitting time-table were consulted on all changes being made to the dashboard including the following cooperating agencies EPA, DOI, FWS, NOAA, NMFS, NRCS, USDA, and USGS.
(4) Is the project sponsor concerned with the date change? Response: Yes. However, the reason for the delays are associated with the challenges faced by the Project Sponsor in providing the information needed for the EIS. Therefore, the Project Sponsor spearheaded the revised EIS project schedule dates including those changes that are reflected on the permitting dashboard.
(5) Have any issues related to this date change been documented in the project’s CPP or discussed at the project-specific CERPO meeting? Response: The proposed changes have been documented in the CPP, and have also been discussed internally with our CERPO via phone call and email.
(6) Is there opportunity for the permitting timetable to be adjusted to make up for the time lost as a result of this delay? Response: No. The delays in receiving the information needed for the EIS is significant enough to not be resolved by alternative adjustments geared towards making up for the time lost as a result of this delay.
(7) 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? Response: Yes, our agency CERPO, which is the lead agency CERPO, has been made aware of the delays and their effects on the project schedule. He has reviewed the revised schedule and concurs with the changes.
Cooperating under NEPA
Description:
The proposed project may affect pallid sturgeion, however, it cannot be determined at this time whether those impacts would result in a "likely" or "not likely to adversely affect" situtation. Further consultation with the Louisiana Ecological Services Office is therefore necessary. The target date for final completion is 135 days after all information (a complete consultation package) is received. Conclusion of ESA consultation is dependent on FWS receiving a complete BA.
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
Biological Assessment (BA) must be completed
USACE-MVN request made after Draft EIS public comment period is completed
Target completion is after issuance of Draft EIS and BA.
Target Completion is 135 days after all information is received.
Target Completion is 135 days after all information is received.
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: 05/03/2021
Milestone: Conclusion of ESA Consultation
Requested extensions greater than 30 days for this Action are shown below:
Conclusion of ESA Consultation extended by 165
From: 05/03/2021
To: 10/15/2021