Rejected
Milestone Extension: Endangered Species Act Consultation (NOAA-NMFS)
The original target date for conclusion of the ESA consultation was 7/8/21. However, on 5/27/21 BOEM transmitted South Fork's Fisheries and Research Monitoring Plan, which was not considered in BOEM's Biological Assessment (BA).
Milestone Extension: Right-of-Way Authorization (DOI-BLM)
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 30 days.
Milestone Extension: Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation
NMFS consulted twice on this project. The initial request was on 01/25/16, and the second request was on 06/02/16 (for the Alternative 5 revisions). The project was put in “Paused” status in August, 2019 (after NMFS had completed our consultations) while NYC DDC re-evaluated the project design. That re-evaluation is complete and a new preferred alternative was developed, which HUD presented at the February 7, 2019 SRIRC meeting. HUD 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: Fish and Wildlife Coordination Act Review
FWS is updating the target completion date of its Fish and Wildlife Coordination Act review to align with the revised EIS completion date. This change will not affect any other aspects of the permitting timetable.
EO 13807 Elevation Procedures for Date Extensions: State, Local, Tribal, or Other Non-Federal Action
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: Environmental Impact Statement (EIS)
Additional time for interagency coordination to address NPS concerns regarding the Old Spanish Trail.