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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 FAST-41
Cooperating under NEPA
Status:
Cancelled
POC Name:
Tyler Krug
POC Title:
Project Manager

Description:

The Portland District is reviewing a Department of the Army individual permit application pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act for the construction of structures and work in navigable waters of the U.S. and the discharge of dredged or fill material into waters of the U.S., including wetlands, respectively.  The review is associated with the construction of a liquefied natural gas export terminal, pipeline, and appurtenant features. This work is associated with Jordan Cove LNG Terminal and Pacific Connector Gas Pipeline Project.

On June 10, 2021, the Jordan Cove Liquefied Natural Gas' application for Regulatory Permits was withdrawn as the applicant has paused the project for an undetermined length of time.   

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Completed Date:
Publication of Public Notice (Agency Action)
Completed Date:
Milestone Details

Pre-Construction Notification (PCN) / Application Deemed Complete on 08 May 2018 Public Notice issued and complete on 22 May 2018

 

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

The final milestone target date is dependent on the receipt of 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 FERC; the receipt of a Coastal Zone Management Act concurrence determination or presumed concurrence determination from the Oregon Department of Land Conservation and Development; the receipt of a Section 401 Water Quality Certification from the Oregon Department of Environmental Quality or a determination a waiver of the certification has occurred; and a Section 408 compliance determination from the Corps Portland District Planning, Programs, and Project Management Division.  Finally, we require a complete application, a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision.  Should submittal of any required information be delayed, the Corps will adjust its timeline accordingly.  If the information above is not received from FERC, state or Federal agencies, and/or the non-Federal applicant at least 60 days prior to the 90 day deadline, the Corps will consider this delay and adjust the decision deadline to allow a 60 day review once all required documentation/information is received.  The Corps will continue its evaluation concurrent with the federal environmental review process as much as practicable. 

 

The USACE action has been cancelled since the application has been withdrawn.