Cooperating under NEPA
Description:
The US Army Corps of Engineers Alaska District is reviewing an application for an individual standard permit pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act, which requires Department of Army authorization for the discharge of dredged and fill material, and work in “waters of the U.S.”
In accordance with the Energy Policy Act, the Alaska District expects to render a permit decision within 90 days of FERC completing its FEIS. This decision is dependent upon receiving documentation of compliance with Section 7 of the Endangered Species Act, Section 106 of the National Historic Preservation Act, and the Magnuson-Stevens Act (Essential Fish Habitat) from FERC. This decision is also dependent upon receiving from the applicant a complete application, information on alternatives, and a mitigation plan as outlined in 33 CFR 332 at least 120 days prior to June 24, 2020. The Corps also cannot issue a permit until the State of Alaska and the U.S. Environmental Protection Agency issue Section 401 Water Quality Certifications, or waive the requirement of such certifications.
Milestones:
The applicant submitted an incomplete permit application on 14 April 2017. The Corps requested additional information required to make the application complete on 16 June 2017. The applicant submitted additional information for the permit application on 21 March 2018. The Corps reviewed the additional information, and on 18 May 2018, requested additional information from the applicant to complete the application, including information on project impacts, mitigation (avoidance, minimization, and compensation), restoration, and revegetation.
The applicant submitted a revised application on November 8, 2019, and subsequently submitted addtional information to make the application complete on December 11, 2019. The revised application reflects the applicant’s adoption of the Denali National Park and Preserve Alternative.
Date completed: 12/11/2019
The Corps published a Public Notice on December 30, 2019, with a 60-day comment period.
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Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Completed Date: 06/24/2020 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 06/03/2020 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 06/17/2020 -
Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
:
NOAA Issues any EFH Conservation Recommendations (Agency Action)
- Completed Date: 09/27/2019
The Alaska District signed their Record of Decision on June 24, 2020, finding that the issuance of a DA permit for the Project is consistent with National Policy, statutes, and administrative directives, and is not contrary to the public interest.