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Rejected

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.

Milestone Extension: Section 106 Review

BLM received approval to proceed with publishing the FEIS on September 18, 2019 and the new protest resolution policy allows up to 50 days to resolve possible protests instead of just 30 days.