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

1) NHPA – FERC is targeting signing a programmatic agreement by end of June.

2) CZMA – NWP's understanding is the appeal process takes 9-11 months from when the CZMA appeal objection occurs. The applicant submitted their request for appeal on March 19, 2020.

3) 401 WQC – Managed by FERC. FERC's comment period on the applicant's 401 Water Quality Certification waiver closed 4 June 2020. FERC expected to act on the request; schedule/time line unknown.

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

The Department of Interior is requiring a joint briefing by the Bureau of Land Management and the National Park Service on their respective authorizations for right-of-way, scheduled for June 26, 2020.  The BLM will not be able to issue its ROD until after the briefing, making June 29 the first available date for the ROD.

Milestone Extension: Section 404 Clean Water Act

BLM (the lead Federal agency) executed the section 106 NHPA MOA on May 18, 2020, so USACE will now be able to complete its section 404 CWA action by June 2, 2020.

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

As I mentioned on the FAST-41 call with Jim Cason Thursday, January 23rd, we discussed two weeks ago, January 8th (and previous calls in December) that NextEra had not provided BLM and its contractor (Logan Simpson) the needed information concerning their technology changes to 3.0 MW turbines for Alternative 2.  BLM had expected the information by December 1, 2019 in order to complete the analysis for the Final EIS.  NextEra finally sent the data requested Friday, December 27th.

FAST-41 Missed Date: Environmental Impact Statement (EIS)

Triggered missed date from extending Issuance of Lead Agency Record of Decision within 30 days of its current target date which was 07/03/2020 and extended to 08/14/2020

Milestone Extension: Environmental Impact Statement (EIS)

March 16th government to government consultation with the Zuni Tribe was canceled due to the coronavirus fears. BLM has asked the Tribe about consulting in via video or conference call under the circumstances but the Tribe wants a face to face meeting.

The Tribe is also a cooperating agency on the project and has been sent all NEPA documents for review and comment.

The NM SHPO is encouraging BLM to work with the Tribe in anticipation of things possibly “opening up”.  The SHPO and BLM are the only required signatories.

FAST-41 Missed Date: Section 106 Review

Triggered missed date from extending Section 106 consultation concluded within 30 days of its current target date which was 02/21/2020 and extended to 06/15/2020

FAST-41 Missed Date: Section 106 Review

Final Required Milestone Date of 01/03/2020 for Section 106 consultation concluded has passed by 5 business days

FAST-41 Missed Date: Endangered Species Act Consultation (DOI-FWS)

Final Required Milestone Date of 11/12/2019 for Conclusion of ESA Consultation has passed by 5 business days

FAST-41 Missed Date: Endangered Species Act Consultation (NOAA-NMFS)

Final Required Milestone Date of 01/24/2020 for Conclusion of ESA Consultation has passed by 5 business days