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FAST-41 Missed Date: Section 404 Clean Water Act

Submitted by fmarcell@blm.gov on

Triggered missed date from extending Final Verification/Permit Decision Rendered within 30 days of its current target date which was 04/20/2020 and extended to 05/22/2020

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Paused
POC Name:
Lisa Gibson
POC Title:
Regulatory Permit Specialist

Description:

The applicant is proposing to discharge fill material into 0.78 acre below the ordinary high water mark of 30 ephemeral drainages for the construction of interior access roads and connector roads associated with 71 single and complete linear projects on 7,079 acres of Federal lands administered by the Bureau of Land Management (BLM). The 71 single and complete linear projects are associated with the construction of a 690 megawatt alternating current (MWac) solar facility being evaluated by BLM. The proposed roads would consist of a combination of access road crossings. The interior access road design would consist of recompacted native material and a concrete cutoff wall on the downslope side to prevent the access road from eroding during storm events. The cut-off walls would be approximately 8-inches wide and 3-feet deep.  The proposed connector roads would consist of an aggregate base and concrete cut-off walls on either side. The connector causeway roads between areas would be designed as Arizona-style crossings with a concrete base throughout the feature to maintain road integrity during storm events. A concrete cut-off wall would be constructed on either side of the causeways and would be approximately 8-inches wide by 3-feet deep. Six inches of Type II aggregate base would be discharged below the concrete layer. No culverts would be installed for the proposed crossings, and no crossings would result in a reduction in the bank full width of the ephemeral drainages. The proposed discharge of fill material into waters of U.S. associated with the proposed road crossings range from between 0.001 acre and 0.11 acre. The applicant has not proposed compensatory mitigation for the proposed actions.

The applicant is also proposing to install up to 9,035 pilings (6 by 4 inches) into ephemeral drainages greater than 3-feet wide. All pilings would be installed using pile drivers affixed to small tracked vehicles or utility trucks. No concrete would be used during installation of the pilings, and no pilings would be placed in ephemeral drainages where the width (based on the ordinary high water mark) is less than 3-feet. The proposed pilings would not have the effect of a discharge of fill material, and therefore do not require a permit under Section 404 of the Clean Water Act.                  

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Completed Date:
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

We expect to render a decision within approximately 15-days of receiving the 106 NHPA compliance documentation from the BLM and the Biological Opinion from the USFWS. BLM, the lead Federal agency, has indicated that delays have occurred with 106 NHPA compliance, and identified via email on January 16, 2020, that they anticipate the Section 106 consultation will be completed on March 31, 2020. Therefore, the date of final verification was April 20, 2020. However, since the Corps' action is dependent upon BLM's completion of Section 106 of the NHPA, if BLM's schedule shifts, the Corps' milestone will be revised accordingly. Subsequently, in March 2020, BLM was unable to provide the Corps with a new estimated target date for the completion of the 106 process. The Corps cannot make further progress on the 404 review until the Sec. 106 compliance documentation is received from BLM. Since the Corps cannot estimate a new target date for the completion of the 404 action and cannot make further progress on the 404 review, the 404 action is paused until BLM is able to estimate a new target completion date for the 106 process or the Corps receives documentation of 106 compliance from BLM. 

 


 

Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

We expect to render a decision within approximately 15-days of receiving the 106 NHPA compliance documentation from the BLM and the Biological Opinion from the USFWS. BLM, the lead Federal agency, has indicated that delays have occurred with 106 NHPA compliance, and identified via email on January 16, 2020, that they anticipate the Section 106 consultation will be completed on March 31, 2020. Therefore, the date of final verification was April 20, 2020. However, since the Corps' action is dependent upon BLM's completion of Section 106 of the NHPA, if BLM's schedule shifts, the Corps' milestone will be revised accordingly. Subsequently, in March 2020, BLM was unable to provide the Corps with a new estimated target date for the completion of the 106 process. The Corps cannot make further progress on the 404 review until the Sec. 106 compliance documentation is received from BLM. Since the Corps cannot estimate a new target date for the completion of the 404 action and cannot make further progress on the 404 review, the 404 action is paused until BLM is able to estimate a new target completion date for the 106 process or the Corps receives documentation of 106 compliance from BLM. 

 


 

Project

PROJECT WEBSITE: E-Planning

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
06/29/2020

5 out of 5

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects
Major Infrastructure Projects

Department of the Interior

LEAD AGENCY
Department of the Interior, Bureau of Land Management

Other Agencies with Actions or Authorizations:

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Description:

The 690MW/ac Gemini Solar Project, once installed at full capacity, will be the largest solar photovoltaic (“PV”) project in the State of Nevada. The project site is located approximately 25 miles northeast of the Las Vegas metropolitan area, immediately south of the Moapa River Indian Reservation in an unincorporated area of Clark County, Nevada. Interstate 15 (I-15) is located less than ½ mile west of the project site. The NV Energy Crystal Substation and an NV Energy high-voltage transmission line are located less than four miles to the west.

field_status
System Comments
Triggered missed date from extending Final Verification/Permit Decision Rendered within 30 days of its current target date which was 04/20/2020 and extended to 05/22/2020
Approver Comments
OED and DOI worked with the Dashboard Web-team on July 8th via phone conference to provide status updates to the Gemini project.
Previous Action Status
New Action Status
Missed Date Process
No
Missed Date Triggered by Extension
Yes
New Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Completed Date:
Milestone Details

We expect to render a decision within approximately 15-days of receiving the 106 NHPA compliance documentation from the BLM and the Biological Opinion from the USFWS. BLM, the lead Federal agency, has indicated that delays have occurred with 106 NHPA compliance, and identified via email on January 16, 2020, that they anticipate the Section 106 consultation will be completed on March 31, 2020. Therefore, the date of final verification was April 20, 2020. However, since the Corps' action is dependent upon BLM's completion of Section 106 of the NHPA, if BLM's schedule shifts, the Corps' milestone will be revised accordingly. Subsequently, in March 2020, BLM was unable to provide the Corps with a new estimated target date for the completion of the 106 process. The Corps cannot make further progress on the 404 review until the Sec. 106 compliance documentation is received from BLM. Since the Corps cannot estimate a new target date for the completion of the 404 action and cannot make further progress on the 404 review, the 404 action is paused until BLM is able to estimate a new target completion date for the 106 process or the Corps receives documentation of 106 compliance from BLM. 

 


 

Response Date