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FAST-41 Missed Date: Section 404 Clean Water Act

Submitted by Anonymous on

Final Required Milestone Date of 09/15/2020 for Final Verification/Permit Decision Rendered has passed by 5 business days

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Cancelled
POC Name:
Lisa Gibson
POC Title:
Chief, Special Projects Branch, Regulatory Division
Public Participation Website:

Description:

The applicant is requesting authorization under Nationwide Permit(s) 12 (Utility Line Activities) and 14 (Linear Transportation Projects) for the proposed discharge of fill material into ephemeral channels associated with the construction of 20-foot-wide access roads and 34-5 kilovolt underground electric collection lines associated with the construction of a solar facility.  Under the proposed action, the applicant would permanently discharge fill material below the ordinary high water mark of ephemeral channels for the construction of five (5) single and complete linear road crossings, and temporarily impact ephemeral channels for the construction of the access roads, collector lines, and desert tortoise fencing.  On August 20, 2020, at the request of the applicant, the Corps completed an approved jurisdictional determination, and determined that no waters of the U.S. occur on the proposed project site.  On August 27, 2020, the Corps notified the applicant that because no waters of the U.S. occur on the project site, the proposed activities do not require a permit from the Corps.

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Milestone Details
    • The applicant submitted the pre-construction notification on June 30, 2020.  The district will also require BLM's documentation with Section 7 ESA and Section 106 of the NHPA.
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Completed Date:
Milestone Details
    •  

The applicant submitted the pre-construction notification on June 30, 2020.  The PCN was determined complete on 2 July 2020. 

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

We expect to render a decision by September 15, 2020.  This milestone is dependent upon the following:

  1. BLM completing consultation under Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act by September 1, 2020. 
  2. Tribal consultation/coordination conducted by the Corps to meet tribal trust responsibilities has been completed by September 1, 2020. 
Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details
    •  

We expect to render a decision by September 15, 2020.  This milestone is dependent upon the following:

  1. BLM completing consultation under Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act by September 1, 2020. 
  2. Tribal consultation/coordination conducted by the Corps to meet tribal trust responsibilities has been completed by September 1, 2020. 
Project

PROJECT WEBSITE: DOI-BLM-NV-S010-2017-0110-EIS (Yellow Pine)

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
12/21/2020

4 out of 4

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

Description:

On October 21, 2011, Boulevard Associates, LLC, a subsidiary of NextEra Energy Resources, LLC (NextEra), filed an application for a right-of-way (ROW) grant (N-90788) with the Bureau of Land Management (BLM) Southern Nevada District Office for the Sandy Valley Solar Project on 3,272 acres of land . The Sandy Valley Solar Project has not been built to date; however, the application was filed prior to the BLM’s Final Solar Programmatic Environmental Impact Statement (Final Solar PEIS) (BLM and U.S. Department of Energy [DOE] 2012), and as a pending solar application at the time of this publication, the project is not subject to the decisions adopted by the Record of Decision (ROD) for Solar Energy Development in Six Southwestern States (BLM 2012). On June 24, 2016, Yellow Pine Solar, LLC (herein called the Applicant), a subsidiary of NextEra, submitted an amended application with a new project name, the Yellow Pine Solar Project (YPSP, or project). The Applicant is proposing to develop the YPSP in order to construct, operate, and maintain an
efficient, economic, reliable, safe, and environmentally sound solar-powered generating facility. The YPSP would be in Clark County, Nevada, completely on land managed by the BLM. Based on preliminary discussions with the BLM and initial evaluation of resource concerns, areas to the northwest of the original application area are being included to provide more flexibility for conflict avoidance. The Applicant has amended its original ROW application to include a larger, amended application area (herein called the Application Area) of 9,290 acres. Within the Application Area, construction would occur on a project area comprising approximately 3,000 acres. The Application Area encompasses the original application area, as well as lands proposed as variance areas, as described in the Final Solar PEIS (BLM and DOE 2012). Appendix B, Section B1.2, of the Final Solar PEIS Record of Decision (ROD) states that amendments to pending applications are not subject to the decisions of the ROD if they “are related to avoiding resource or land use conflicts, adapting the project to third-party-owned infrastructure constraints, or using or designating translocation or mitigation lands” (BLM 2012).

field_status
System Comments
Final Required Milestone Date of 09/15/2020 for Final Verification/Permit Decision Rendered has passed by 5 business days
Approver Comments
The missed date functionality was erroneously triggered due to a malfunction of the Permitting Dashboard.
Previous Action Status
New Action Status
Missed Date Process
No
Missed Date Triggered by Extension
No
New Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details
    •  

We expect to render a decision by September 15, 2020.  This milestone is dependent upon the following:

  1. BLM completing consultation under Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act by September 1, 2020. 
  2. Tribal consultation/coordination conducted by the Corps to meet tribal trust responsibilities has been completed by September 1, 2020. 
Response Date