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Approved

Milestone Extension: Section 404 Clean Water Act

7/28/26 UPDATE: An approved jurisdictional determination was made on 7/22/2026. Through review of the original EA process, USACE initiated the determination that the Graphite Creek Project is likely to result in reasonably foreseeable significant effects and that preparation of an EIS is required due to the likely significant effects of the activity. Therefore, the EA action was cancelled and an EIS action was added to the dashboard. In addition, the Section 404 final permit decision milestone was modified to comport with the EIS evaluation.

Milestone Extension: Section 106 Review

Regarding Section 106, on June 18, 2026 the Alaska State Historic Preservation Office (“SHPO”) concurred with four eligibility determinations, but did not concur with fourteen other eligibility determinations for identified cultural resources. The SHPO requested additional analysis and consideration of these fourteen cultural resources. USACE is requesting additional time to conduct the additional analysis, necessary consultation with the SHPO and consulting parties, and development of a Memorandum of Agreement to provide adequate mitigation for impacts to cultural resources.

Milestone Extension: Environmental Impact Statement (EIS)

The BLM CA Needles Field Office requested an Executive Director Determination to shift of the final Section 106 milestone to address to unresolved eligibility issues. The California and Nevada SHPOs formally disagreed with BLM’s determination that a pre-contact site is not eligible for the National Register and has advised that BLM engage in further consultation with Tribes before making any final eligibility determination. The extension was granted on July 27, 2026. 

Milestone Extension: Operations Plan / Surface Use Plan

The BLM CA Needles Field Office requested an Executive Director Determination to shift of the final Section 106 milestone to address to unresolved eligibility issues. The California and Nevada SHPOs formally disagreed with BLM’s determination that a pre-contact site is not eligible for the National Register and has advised that BLM engage in further consultation with Tribes before making any final eligibility determination. The extension was granted on July 27, 2026. 

Milestone Extension: Right-of-Way Authorization (DOI-BLM)

The BLM CA Needles Field Office requested an Executive Director Determination to shift of the final Section 106 milestone to address to unresolved eligibility issues. The California and Nevada SHPOs formally disagreed with BLM’s determination that a pre-contact site is not eligible for the National Register and has advised that BLM engage in further consultation with Tribes before making any final eligibility determination. The extension was granted on July 27, 2026. 

Milestone Extension: Section 106 Review

The BLM CA Needles Field Office requested an Executive Director Determination to shift of the final Section 106 milestone to address to unresolved eligibility issues. The California and Nevada SHPOs formally disagreed with BLM’s determination that a pre-contact site is not eligible for the National Register and has advised that BLM engage in further consultation with Tribes before making any final eligibility determination. The extension was granted on July 27, 2026. 

Milestone Extension: Section 106 Review

USACE has not received all the required archeological and historic resources reports from the Project Sponsor in the states of Kansas and Missouri. These reports are required for USACE to make a determination on cultural and historic resources in the permit areas and coordinate the findings and determination with State Historic Preservation Offices (SHPOs) and Tribal Historic Preservation Offices (THPOs).

Milestone Extension: Lease of Power Privilege (DOI-BOR)

Because the Commission’s milestone target dates, including those for issuance of the final EIS and Commission order, were modified to account for the additional time needed to evaluate the project sponsor’s revised proposal and updated plans, and to review and respond to comments submitted during the extended comment period for the draft EIS, dependent milestone target dates are being modified accordingly.  The submitted request for an Executive Director determination includes additional information.     

Milestone Extension: Section 404 Clean Water Act

Because the Commission’s milestone target dates, including those for issuance of the final EIS and Commission order, were modified to account for the additional time needed to evaluate the project sponsor’s revised proposal and updated plans, and to review and respond to comments submitted during the extended comment period for the draft EIS, dependent milestone target dates are being modified accordingly.  The submitted request for an Executive Director determination includes additional information.  &nbs

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