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Section 404 Clean Water Act

Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Cancelled
POC Name:
Lisa M. Gibson
POC Title:
Regulatory Permit Specialist, Regulatory Division

Description:

The applicant is proposing to discharge fill material into 36.97 acres of ephemeral drainages for the construction of a 690 megawatt alternating current (MWac) solar facility located on 7,079 acres of Federal lands administered by the Bureau of Land Management (BLM).

The proposed project would be constructed using methods consisting of 65% mowing and 35% traditional (e.g. grading). The proposed discharge of fill material into waters of the United States within those areas identified for mowing would occur as a result of engineering to divert flow along the western edge of Area B and along a small portion of the upper edge of Area A, as shown on the enclosed figures. Some discharge is anticipated within the West Tributary of the California Wash that is located within the project area due to installation of rip-rap and/or soil cement. The discharge would likely be constructed with backhoes, small bulldozers and dump-trucks.

The applicant has proposed to utilize Best Management Practices to limit discharge and erosion into waters of the United States. A collector channel/berm and detention basin are proposed to capture runoff from Area B and meter outflow onto the West Tributary (west of Area B). Earthern and/or concrete berms and detention basins are proposed to be installed to prevent flooding on site within some of the 100 year flood plain channels associated with the California Wash. Berm hieght is not expected to exceed 3 feet. The channel/berms are proposed to be lined with an erosion-resistant material, such as soil, cement, or rip-rap.     

Milestones:

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

An application was submitted on March 14, 2019. Additional information necessary for a complete application, consisting of a conceptual plan for proposed compensatory mitigation and list of adjoining property owners, was requested on March 15, 2019. The additional information was submitted on March 15, 2019. The district will also require BLM's documentation with Section 7 ESA and and Section 106 of the NHPA. On March 14, 2019, the applicant's consultant indicated they anticipate submitting an application on March 15, 2019.   

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

An application was submitted on March 14, 2019. Additional information necessary for a complete application, consisting of a conceptual plan for proposed compensatory mitigation and list of adjoining property owners, was requested on March 15, 2019. The additional information was submitted on March 15, 2019, and the application determined complete on March 18, 2019.  

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

The applicant submitted a complete application on March 15, 2019. The application was determined complete on March 18, 2019, and a public notice was issued on March 20, 2019.  

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

We expect to render a decision within 60-days of receiving the Final EIS provided we have received the NHPA compliance documentation from the BLM, the Biological Opinion from the USFWS, and the final compensatory mitigation plan, if applicable, from the applicant.