Description:
The Corps is responsible for permit processing under Section 404 of the Clean Water Act. A permit is required for project related discharges of dredged or fill material into waters of the United States (waters). The type of permit required will depend on the level of impact/loss to waters in the project area. The Corps permit decision will be made NLT 120 days after receiving a complete Section 404 application and conclusion of Endangered Species Act and National Historic Preservation Act compliance.
Milestones:
Approximately 60 days after receipt of complete information. Applicant has indicated they would submit JD request on/about March 1, 2022.
If aquatic resources under the USACE's jurisdiction would be filled/lost, USACE authorization would be required. This is generally an up to 120-day process, however, it will be dependent on conclusion of ESA and NHPA compliance and BLM’s publishing the FEIS. If the USACE needs to adopt BLM’s EIS, permit decision would be issued NLT 60 days after FEIS publication. Worst case timeframe provided.
Additional Milestones:
USACE generally conducts its tribal coordination separately. Start date is dependent on a complete application being received.