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Section 408 Permit

Project Name: Responsible Agency:
US Army Corps of Engineers - Civil Works
Agency Status: Cooperating under NEPA
Status:
Complete
POC Name:
Michael Sullivan
POC Title:
Project Manager

Description:

Milestone dates are dependent upon compliance of, but not limited to, Section 7 of ESA, MMPA, Section 106 of NHPA, Section 401 WQC, and CUP.  On 02/30/2020, the status of the Section 408 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; therefore, the status of this project should be 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".   The Section 408 decision will be incorporated as part of Section 10/404 permit decision in compliance with the synchronization strategy of the Regulatory and 408 programs.

Milestones:

Initial application submitted (Applicant Action)
Completed Date:
Milestone Details

This milestone is dependent upon the initial receipt of the permit application via the Louisiana Department of Natural Resources (LDNR) joint permit application transmittal process.  The applicant will also need to provide additional information for the Section 408 review which may include a 408 Written Request.  The application was transmitted to MVN on 12/10/2019.  Future revisions of the permit application are expected to address LDNR and MVN comments.

Completeness Determination (Agency Action)
Completed Date:
Milestone Details

30 days from receipt of 408 Written Request Letter or until applicant provides all necessary documentation to comply with EC 1156-2-20.  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; therefore, the status of this project should be changed back to In Progress. MVN issued a public notice on 5/11/2020.

Complete application submitted (Applicant Action)
Completed Date:
Issuance of Decision (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 and a Section 401 Water Quality Certification or waiver from Louisiana Department of Environmental Quality.