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Approved

Milestone Extension: Marine Mammal Protection Act (MMPA) Incidental Take Authorization – DOC - NOAA/NMFS

While the current extension request from 12/1/19 to 12/31/19 for publication of the final rule is greater than 30 days from the ORIGINAL date, it is less than 30 days from the currently published target date for this milestone. As a reminder, the schedule was adjusted in fall 2018 to better align with the applicant's (Hillcorp) revised permitting and construction timeline for the project, which extended the construction schedule by at least one year.

Milestone Extension: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act

1. Both the lead federal agency and project sponsor concur with the change. 2. This change does not affect any other aspects of the permitting timetable. 3. It is up to the lead federal agency to modify the CPP. This project has not been discussed at any project-specific CERPO meeting. 4. There is opportunity for the timeetable to be adjusted to make up for lost time if dependencies (two of which are not shown on the Dashboard) are fulfilled in timely fashion. 5. Agency CERPO has been made aware of this action.

Milestone Extension: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act

The Corps requests a final milestone extension to April 28, 2020 because of the required Coastal Zone Management Act (CZMA) concurrence dependency for Corps decisions. This is not on the Dashboard as a dependency due to the limited options (not an Appendix B dependency). We have coordinated this extension with the project sponsor, the lead federal agency (FERC), and the agency responsible for the non-FERC joint agency ROD (BLM), among others. As this is the final milestone, it would not impact other aspects of the Corps’ permitting timetable.

Milestone Extension: Environmental Impact Statement (EIS)

The completion date for the Record of Decision was revised to accommodate the conclusion of the Section 106 Programmatic Agreement that was required before the Record of Decision could be issued. The 106 Programmatic Agreement was fully executed on December 5th. This change of date was provided by the project sponsor and it does not affect the revised permitting timetable. There are no issues to be documented in the CPP and there are no adjustments to the timetable needed. The Record of Decision is the conclusion of the EIS process.

Milestone Extension: Section 106 Review

The finalization of the Programmatic Agreement was delayed an additional week from the last revised date of November 29, 2019 because it was pending the final signature of two consulting parties, including the Advisory Council on Historic Preservation. The expectation was that it would be fully signed by the 29th but the program sponsor had no control of the time required by the consulting parties to have the PA signed one within their jursidiction. They consistently followed up with the signatories to keep it on as close to schedule as possible.

Milestone Extension: Section 106 Review

Since March 2017, BLM has been requesting consultation on the Borderlands Wind Project. A revision in the project design and follow-up consultation request was sent to the Tribal governments in September 2018. The draft programmatic agreement (PA) has been sent to the required signatory parties (SHPO and Applicant) and invited parties (Zuni Pueblo and Hopi Tribe) by BLM. The Zuni Pueblo as a cooperating agency asked to consult after their review of the Draft EIS but cannot consult on the PA until January 2020.

Milestone Extension: Endangered Species Act Consultation (NOAA-NMFS)

The final ESA milestone was extended to be consistent with previous project schedule extension due to the last government shutdown (the EIS timing was extended, which necessitated an extension of MMPA dates). Having the EIS, MMPA, and ESA dates coincide will streamline the process compared to how it currently exists. If NMFS is able to work with FERC and AGDC on all marine-mammal-related permitting issues concurrently, it will save delays caused by the need to reinitiate formal section 7 consultation based upon changes in the action (e.g.

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

These dates changes were coordinated with the US Fish and Wildlife Service to address the 45 day extension approved for the public comment period of the Draft EIS.  This action's milestone are dependent on the public comment period end date.  In addition, the changes to the public comment period date was coordinated with all cooperating agencies as well as the Sponsor.  These dates to this action do not affect the Final EIS or the ROD dates.

Milestone Extension: Section 404 Clean Water Act

The lead Federal agency (BLM) has indicated that delays have occurred in NHPA compliance, and identified via email on January 16, 2020, that they anticipate the Section 106 consultation will be completed on March 31, 2020. Therefore the date of final verification is April 15, 2020.

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