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Rejected

Milestone Extension: Environmental Impact Statement (EIS)

The Commission’s previous notice of schedule, issued on August 31, 2018, identified issuance dates of November 8, 2019, for the final EIS, and February 6, 2020, for the final order (based on issuance of a draft EIS in February 2019). The previous notice stated that the forecasted schedule was based upon the project sponsor providing complete and timely responses to any data requests. In its partial data request responses filed in January and February 2019, the project sponsor states that it would provide the remainder of the responses in stages through July 2019.

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

1. The project sponsor was contacted regarding this issue. The permit was issued in error prior to NOAA ESA consultation completeness. 2. No. Removal of the "completion date" was due to suspending the permit until NOAA ESA is complete. Changing the "target completion date" to 6/10/19 was based on the lead Federal Agency's identification of this date as the "target completion date" for the NOAA ESA consultation. 3. Yes 4. This is not applicable to this issue. The dates are based on NOAA ESA consultations that are associated with a different action. Whenever that ESA 5. Yes

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

NMFS consulted twice on this project in the past and completed our consultations within the required timeframes. However, the project was put in “Paused” status in August while NYC DDC re-evaluated the project design. That re-evaluation is complete and a new preferred alternative developed which HUD presented at the February 7, 2019 SRIRC meeting. HUD has also finalized the DEIS and a Notice of Availability of the DEIS was scheduled to be published in the April 5, 2019 Federal Register.

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

Although the Corps is making every attempt to render a permit decision by June 22, 2019, a decision cannot be made until a mitigation plan is provided by the applicant that meets the requirements of 33 CFR 332. The Corps is reviewing the applicant's long-term management plan and financial assurances instrument for portions of the proposed permittee responsible mitigation areas. This information was provided by FPL on May 6, 2019, but the response did not include all of the necessary information.

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

Although the Corps is making every attempt to render a permit decision by May 22, 2019, a decision cannot be made until a mitigation plan is provided by the applicant that meets the requirements of 33 CFR 332. The Corps is awaiting for receipt of the applicant's long-term management plan and financial assurances instrument for portions of the proposed permittee responsible mitigation areas. This information was requested on February 26, 2019, and a response was provided by the applicant on March 19, 2019, but the response did not include all of the necessary information.

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