Submission of a Right-of-Way application will begin the process for issuance of a permit/easement.  FWS recommends the application be submitted after a Record of Decision is signed which will identify the preferred route.  Once the application is determined to be complete, the Refuge will evaluate the compatibility of the preferred route and document that determination through a signed Compatibility Determination (CD).  The process for completing the CD is estimated to take 45 days.  The signed CD along with the ROD/EIS will be forwarded to FWS Realty staff and should complete the necessary documentation for Realty to process the previously submitted application.  Issuance of a ROW easement could take up to 9 months.

August 10, 2020 update - FWS received a final restoration plan to restore the abandoned ROW and the property to be exchanged as replacement habitat from the applicants on August 5th.  The final restoration plan is a requirement of the ROW permit.  The plan is with FWS Realty office, and FWS awaiting review and finalization of the appraisal for the ROW.  The appraisal will be used to determine the fee to charge the applicants for use of the ROW.  FWS anticipates the approved appraisal this week.  With that, FWS will “finalize” the draft ROW permit and send to the applicants for review and signature later this week or early next week.  The applicants need to return a signed copy of the ROW to the FWS for final signature and issuance.

August 28, 2020 Update: The FWS ROW permit was provided to the Project Sponsor on Wednesday, August 26.  On Thursday, August 27, the Project Sponsor informed FWS that it could take up to 2 weeks to sign the ROW permit and return it to the FWS Realty Office.  Once it is returned to FWS, the Regional Director will need to sign it.

September 9, 2020 Update: The Project Sponsor returned the signed final ROW permit and associated payment to the FWS on 9/4/2020; on 9/8/2020 the FWS Regional Director signed the permit and returned it to the Project Sponsor on 9/9/2020.

October 21, 2021 Update: On August 27, 2021, the FWS revoked the right-of-way that was issued on September 8, 2020 and rescinded the Compatibility Determination that supported the ROW as a result of a factual error that occurred during the analysis. On September 27, 2021, the project sponsor appealed the revocation in a letter to the USFWS Acting Director and the appeal is pending. The FWS continues to work with the RUS on an Environmental Assessment to evaluate 8 minor modifications to the route that was selected in the 2020 EIS ROD.