Milestone Extension: Section 404 Clean Water Act, Section 10 Rivers and Harbors Act of 1899, and Section 103 Marine Protection,

The primary driver of the schedule change, as described in the attached memo, is a requirement for the applicant's contractor to recollect and test 3 additional sediment samples, as the original samples exceeded the holding times specified in the Corps/EPA/Approved sediment analysis plan and the Corps/EPAs 2003 Regional Implementation Agreement and cannot be considered scientifically sound. The memo also describes an additional risk to schedule associated with proposed sediment deposition sites behind Corps Levees parallel to the federal navigation channel. 

Milestone Extension: Section 408 Permit

The primary driver of the schedule change, as described in the attached memo, is a requirement for the applicant's contractor to recollect and test 3 additional sediment samples, as the original samples exceeded the holding times specified in the Corps/EPA/Approved sediment analysis plan and the Corps/EPAs 2003 Regional Implementation Agreement and cannot be considered scientifically sound. The memo also describes an additional risk to schedule associated with proposed sediment deposition sites behind Corps Levees parallel to the federal navigation channel. 

FAST-41 Missed Date:Endangered Species Act Consultation (DOI-FWS): ESA Consultation Request Package Submitted (Agency Action)

Agency Milestone Date of 12/16/2022 for ESA Consultation Request Package Submitted (Agency Action) has passed by 1 business days

FAST-41 Missed Date:Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – NOAA/NMFS): Publish Proposed ITA in Federal Register (Agency Action)

Agency Milestone Date of 12/16/2022 for Publish Proposed ITA in Federal Register (Agency Action) has passed by 1 business days

Milestone Extension: Supplemental Environmental Impact Statement (EIS)

DOE received more than 200 public comments on the draft SEIS.Due to both the complexity of the comments and the range of issues addressed by the commenters, it has been necessary for DOE and NETL to consider additional technical analysis. Accordingly, DOE provided a Second Notice of Amended Schedule (Notice).

Milestone Extension: Section 106 Review

The Programmatic Agreement (PA) will need to be revised, based on the new routes changes in New Mexico. The PA will have to be sent out to Consulting Parties for review and comment, also because the new routes in New Mexico now crosses Fish and Wildlife Service (FWS) jurisdictional lands (Sevilleta National Wildlife Refuge), the FWS will have to be a signatory to the PA and have detailed input into the revised PA.

Milestone Extension: Endangered Species Act Consultation (DOI-FWS)

FWS and BOEM are updating the final Milestone to allow sufficient time for FWS’s analysis of additional information submitted by the project sponsor and provided in a revised Biological Assessment (BA) that BOEM submitted on November 18, 2022, and to reflect Endangered Species Act (ESA) formal consultation regulatory timeframes.

FAST-41 Missed Date:Section 408 Permit: Completeness Determination (Agency Action)

Agency Milestone Date of 11/21/2022 for Completeness Determination (Agency Action) has passed by 1 business days

Milestone Extension: Section 404 Clean Water Act

The project proponent has not submitted an application/PCN and does not anticipate doing so until January 31, 2023. The updated timeline reflects the permit review timeline to include the 401 Water Quality Certification process with the Neighboring Jurisdiction coordination with EPA. 

The changes in time have been coordinated with Idaho Power (project proponent) and BLM (lead federal agency). The agencies agreed with the updated milestone dates in light of the current timeline for submitting the application. 

Milestone Extension: Use Authorization (DOI-BOR)

Need Construction POD final to issue Use Authorization