USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

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:
Theresa Stevens
POC Title:
Senior Project Manager

Description:

The applicant submitted a Standard Individual Permit (SIP) application on 5 OCT 2020 to replace the original NWP12 PCN/application while the project was in Paused status.

Milestones:

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

On December 17, 2018 the applicant submitted a PCN to the Corps. A waters upload spreadsheet was requested on January 2, 2019. An additional information request was also sent to the applicant on January 7, 2019. Another information request was sent on January 24, 2019. On January 30, 2019 and February 26, 2019 the applicant requested more time (to March 8, 2019) to resubmit the PCN. No additional information was submitted on March 8, 2019. Target date for receipt of complete PCN: July 31, 2019. As of April 4, 2019 the revised PCN has not been resubmitted to the Corps and no target date has been given to the Corps by the applicant/agent.       

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

Although a PCN was submitted in December 2018, it was incomplete (need BA and waters upload spreadsheet). The applicant expects to submit all requested additional information with a revised PCN. This milestone is dependent on the applicant submitting a complete PCN by July 31, 2019. Target date for submittal: Unknown as of April 4, 2019. Complete determination: Pending.     

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

The NWP action requires Section 106 NHPA consultation (BLM Lead Federal Agency) and a Section 7 ESA Biological Opinion from USFWS (Corps Lead Federal Agency). ESA and tribal coordination letters are drafted and pending transmittal, but cannot be completed until the submittal of a complete PCN (dependency). Both the 106 and ESA consultations are dependent on the NEPA Record of Decision (ROD), so the Corps' NWP action will be substantially delayed beyond the standard 60-day processing time. The ESA consultation request will be reviewed by BLM and cooperating agencies prior to transmittal to the USFWS. The Native American Heritage Commission (NAHC) sacred lands file search request (a precursor to tribal coordination) was initiated on January 7, 2019 and again on February 19, 2019. The NAHC responded to the Corps on February 22, 2019. The Corps will initiate tribal coordination with all federally recognized tribes and interested parties following submittal of a complete PCN (dependency). Target date for the Corps final action/verification: April 30, 2021.