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Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act

Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under NEPA
Status:
Complete
POC Name:
Mike Herrmann
POC Title:
Project Manager
Action Outcome:
Individual Permit Issued With Special Conditions

Description:

Revised Description:  Milestone dates are dependent upon compliance with, but not limited to, Section 7 of ESA, MMPA, Section 106 NHPA, Section 401 WQC, CUP, Section 408 permission, and if required, receipt of USACE approved mitigation plan.  On 02/30/2020, the status of the Section 10/404 evaluation was changed from "Planned" to "In Progress" after determining the permit application was complete.  However, the applicant revised the permit application to include additional work not included in their previous permit application.  Therefore, the project status was changed back to "Planned."  MVN received a complete revised permit application on 04/8/2020; and the status of this project was changed back to In Progress.  On 5/12/2020, the project status was changed to "Paused" while the applicant prepared information needed for the review of the project.  The Applicant provided FERC with the supplementary information needed to continue the development of the environmental document and FERC issued a Revised Schedule on 9/24/2021, therefore, the project status is now changed back to "In Progress".

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Milestone Details

This milestone is dependent upon receipt of the permit application via the Louisiana Department of Natural Resources (LDNR) joint permit application transmittal process. The application was transmitted to MVN on 12/10/2019.  Future revisions of the permit application are expected to address LDNR and MVN comments.

Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Completed Date:
Milestone Details

Receipt of a permit application that provides all information required in 33 CFR 325.1(d) and 33 CFR 325.3(a).  The target date for the receipt of a complete application is dependent on the applicant's submittal of an application that meets the requirements of a complete application per 33 CFR 325.1(d) and 33 CFR 325.3(a). On 02/30/2020, the status of the Section 10/404 evaluation was changed from "Planned" to "In Progress" after determining the permit application was complete.  However, the applicant revised the permit application to include additional work not included in their previous permit application and the project was placed back into "Planned".  MVN received a complete revised permit application on 04/8/2020; therefore, the status of this project was changed back to "In Progress".   MVN issued a public notice on 5/12/2020.   

Publication of Public Notice (Agency Action)
Completed Date:
Milestone Details

This milestone date is dependent on the submittal of a complete application by the applicant to the Corps by the revised target date for milestone 2.

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

In accordance with the Energy Policy Act, our agency expects to render a decision within 90 days of the FERC finalizing its environmental document (Environmental Impact Statement), provided we participate in review of and/or receive compliance documentation regarding: Tribal Trust Responsibilities, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson-Stevens Fishery Conservation and Management Act from the FERC.  In addition, a Department of the Army permit cannot be issued until we receive: a Coastal Zone Management Act consistency determination or presumed consistency determination from the Louisiana Department of Natural Resources, a Section 401 Water Quality Certification or waiver from Louisiana Department of Environmental Quality, and a Section 408 compliance determination from the Corps New Orleans District.  Finally, we require a complete application, a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision.