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Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

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SPK-2001-00147 Regional General Permit (RGP) 1

REGULATORY DIVISION
Published Dec. 5, 2022
Expiration date: 12/2/2022

SUBJECT: SPK-2001-00147 Regional General Permit (RGP) 1

Minimal Impact Activities 
East Contra Costa County, California


EFFECTIVE: December 1, 2022
EXPIRES: December 1, 2025


The U.S. Army Corps of Engineers, Sacramento District (District), hereby issues Regional
General Permit 1 for Minimal Impact Activities in East Contra Costa County, California.
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee. The
term "this office" refers to the U.S. Army Corps of Engineers, Sacramento District.
ISSUING OFFICE: U.S. Army Corps of Engineers, Sacramento District
ACTION ID: SPK-2001-00147
AUTHORITY: Section 404 of the Clean Water Act for the discharge of dredged or fill material
in waters of the United States.
LOCATION: The area covered by this RGP is east Contra Costa County, including the cities of
Clayton, Brentwood, Oakley, and Pittsburg, and other areas of east Contra Costa County. It is
geographically coincident with the “Plan Area” of the HCP/NCCP (see Figures 1a and 1b).
PURPOSE: The purpose of this RGP is to provide a simplified and expeditious means to
authorize activities in waters of the United States (WOUS), including wetlands, that are
substantially similar in nature and cause only minimal individual and cumulative impacts, within
the area covered by the East Contra Costa County Habitat Conservation Plan/Natural
Community Conservation Plan (HCP/NCCP), dated December 2006. This RGP is part of an
overall strategy envisioned in the HCP/NCCP to balance the protection of important natural
resources with long term economic development in the area covered by the HCP/NCCP. The
HCP/NCCP is intended to enhance protection of important natural resources, including 28
listed and non-listed species and WOUS, by coordinating conservation activities at a regional
and watershed scale, enabling protection of large, contiguous resource-rich areas and
preservation of ecosystem processes and watershed functions. Appendix J of the HCP/NCCP
contains a partial inventory and assessment of the functions and services of WOUS located
within the HCP/NCCP Plan Area. The HCP/NCCP, associated documents and other program
information are available to the public at: http://www.cocohcp.org

ACTIVITIES COVERED: This RGP authorizes specific categories of activities with minimal
individual and cumulative impacts on the aquatic environment that meet the terms and
conditions of this permit. Temporary structures, fills, and work necessary to construct an
activity authorized by this RGP (e.g., cofferdams, access roads) are allowed, provided such
work complies with the terms and conditions of this RGP inclusive of special conditions that the
Corps may add. This RGP applies only to HCP/NCCP Covered Activities, as set forth in
Section 2.3 of the HCP/NCCP. Any question as to whether a proposed activity is considered a
Covered Activity under the HCP/NCCP shall be subject to confirmation by the East Contra
Costa County Habitat Conservancy (Conservancy). The HCP/NCCP Covered Activities are
divided among the following Activity categories in this RGP for purposes of assigning
Activity-specific conditions (see section Activity Specific Conditions):


1. Residential, commercial, industrial, institutional, and other urban developments and
associated infrastructure inside the Urban Limit Line of Contra Costa County or inside the City
Limits of the Cities of Brentwood, Clayton, Oakley, and Pittsburg, including but not limited to
roads, utilities, parks, storm water management facilities, and water supply and delivery
facilities. (Activity-specific conditions: 1 through 4).


2. Recreation projects, including parks, picnic areas, staging areas, trails, and park
maintenance facilities. Applies only to the activities set forth in Sections 2.3.2 and 2.3.4 of the
HCP/NCCP. (Activity-specific conditions: 1 through 4).


3. Flood control detention basins, reservoirs1, channels, and related facilities. Applies only
to the specific planned facilities set forth in Section 2.3.2 of the HCP/NCCP. (Activity-specific
conditions: 1 through 4).


4. Transportation projects, including road construction and widening, bicycle trails, rail
projects, bridges, and safety-related projects. Applies only to the specific planned facilities set
forth in Section 2.3.2 of the HCP/NCCP. (General conditions apply only).


5. Wetland and stream restoration, creation, enhancement, and management. Applies only
to activities set forth in Sections 2.3.2 and 2.3.4 of the HCP/NCCP. (Activity-specific
conditions: 1, 2 and 4).


6. Utility projects, including electrical transmission projects, cellular communication
projects, and pipelines. Applies only to the activities set forth in Sections 2.3.2 and 2.3.4 of the
HCP/NCCP. (Activity-specific condition 4).


7. Maintenance, repair, rehabilitation, or replacement of any previously authorized (under
the RGP or other Corps permit), currently serviceable, structure or fill. Applies only to the
maintenance activities set forth in Sections 2.3.1 and 2.3.3 of the HCP/NCCP. (General
conditions apply only).


1 The proposed Los Vaqueros Reservoir Expansion project is not covered by the HCP/NCCP as per Section 2.4
of the HCP/NCCP


This RGP does not cover any activities in WOUS conducted in emergency situations.


TERMS:
1. RGP Authorization: Prior to commencing a proposed activity, applicants seeking
authorization under this RGP shall notify the Corps in accordance with the Preconstruction
Notification Procedures below. If the Corps determines that an activity is not an eligible activity
under the RGP, it will notify the applicant in writing within thirty (30) calendar days and provide
instructions on the procedures to seek authorization under a standard permit, letter of
permission or Nationwide permit. If the Corps determines that a proposed activity is eligible for
coverage under the RGP, it will notify the applicant within 45 calendar days of receipt of a
complete application. If the Corps does not provide a written response to the applicant within
45 calendar days following receipt of a complete application, the applicant may presume the
proposed activity is an eligible activity that may be covered under the RGP, provided the
activity complies with all other terms and conditions of the RGP.


2. Impact Threshold: Impacts to WOUS. shall be avoided and minimized to the maximum
extent practicable. The loss of WOUS (including wetlands) resulting from individual project
impacts may not exceed a total of 1.5 acres or more than 300 linear feet of perennial,
intermittent or 3rd or higher order ephemeral streams (as defined in Table 2 of the RGP and
further described in the HCP/NCCP), unless the linear foot limit is waived in writing by the
Corps. Additional restrictions are listed in the General and Activity-Specific Conditions.


3. Single and Complete Project: The activity must be a single and complete linear or nonlinear
project, as defined in the Section F of the March 15, 2021, Federal Register Notice for
Reissuance and Modification of Nationwide Permits; Final Rule (86 FR 2744), which can be
found at: https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuanceandmodification-
of-nationwide-permits. The same RGP authorization cannot be used more
than once for the same single and complete project.


4. After-the-Fact Projects: This RGP may not be used to authorize activities after they have
impacted WOUS.


5. Compliance with HCP/NCCP Conditions: Activities to be authorized under this RGP must
be HCP/NCCP Covered Activities and must fully comply with the HCP/NCCP. Compliance with
the HCP/NCCP requires applicants to implement the appropriate conservation measures
outlined in Chapter 6 of the HCP/NCCP.


6. Special Conditions: The Corps may add special conditions to an authorization to ensure
the activity complies with the terms and conditions of the RGP, and/or that adverse impacts on
the aquatic environment or other aspects of the public interest are individually and cumulatively
minimal.

7. Activity Completion: Any activity authorized by the Corps under the RGP shall be
completed by the date specified in “Permit Duration,” below. Furthermore, activities authorized
under this RGP that have commenced or are under contract to commence will have 12 months
from the date of the RGP’s expiration, reissuance, modification, or revocation to complete the
activity under the terms and conditions of the RGP.


8. Discretionary Authority: The Corps has the discretion to suspend, modify, or revoke
authorizations under this RGP. This discretionary authority may be used by the Corps to also
further condition or restrict the applicability of the RGP for cases in which it has concerns
associated with the Clean Water Act Section 404(b)(1) Guidelines, or regarding any public
interest factor. Should the Corps determine that a proposed activity may have more than
minimal individual or cumulative adverse impacts to aquatic resources or otherwise be contrary
to the public interest, the Corps will modify the authorization to reduce or eliminate those
adverse effects or notify the applicant that the proposed activity is not authorized by the RGP
and provide instructions on how to seek authorization under an individual permit. The Corps
may restore authorization under the RGP at any time it determines that the reason for
asserting discretionary authority has been resolved or satisfied by a condition, project
modification, or new information. The Corps may also use its discretionary authority to modify,
suspend, or revoke the RGP at any time.


GENERAL CONDITIONS:
1. Threatened and Endangered Species: No activity is authorized under the RGP that does
not comply with the mandatory terms and conditions of the USFWS’s “Programmatic Biological
Opinion for a Regional General Permit for the East Contra Costa Habitat Conservation
Plan/Natural Community Conservation Plan, Contra Costa County, California” (USFWS
#81420-2011-F-0655, dated April 30, 2012) (copy attached). The Biological Opinion contains
mandatory terms and conditions to implement the reasonable and prudent measures that are
associated with “incidental take” authorization under this RGP. Authorization under this RGP is
conditional upon your compliance with all of the mandatory terms and conditions of the
Biological Opinion. Failure to comply with the terms and conditions of the Biological Opinion
would constitute non-compliance with the RGP. The USFWS is the appropriate authority to
determine compliance with the terms and conditions of the Biological Opinion, and with the
ESA. The permittee must comply with all applicable conditions of this Biological Opinion,
including those ascribed to the Corps. If the proposed activity may affect Federally-listed
endangered or threatened species that are not covered under the Programmatic Biological
Opinion, specifically, species under the authority of the National Marine Fisheries Service, the
Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Section
7 of the Endangered Species Act, as appropriate.


2. Water Quality Certification: Section 401 Water Quality Certification is required for
activities to be authorized by this RGP. The Corps may require additional water quality
management measures to ensure that the authorized activity does not result in more than
minimal impacts, individually or cumulatively.

3. Historic Properties: No activity is authorized under the RGP if the activity may affect
historic properties listed, or eligible for listing, in the National Register of Historic Places, until
the requirements of Section 106 of the National Historic Preservation Act (NHPA), as
amended, have been satisfied. Applicants must notify the Corps if the activity may have the
potential to cause effects to any historic properties listed, determined to be eligible for listing
on, or potentially eligible for listing on the National Register of Historic Places, including
previously unidentified historic properties. The Corps will consult with the State Historic
Preservation Officer (SHPO), as appropriate, following the policy and procedural standards of
33 CFR Part 325 Appendix C.


4. Unanticipated Cultural Resource Discoveries: If you discover any previously unknown
historic or archeological remains while accomplishing the activity authorized by this permit, you
must immediately notify this office of what you have found. We will initiate the federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.


5. Fills within 100-Year Floodplains: The activity must comply with applicable
FEMA-approved state or local floodplain management requirements.


6. Bed and Bank Stabilization: Bank stabilization activities are limited to a) using the
minimum amount of material needed for erosion protection; b) no more than 500 feet in length
along the bank, unless this criterion is waived in writing by the Corps; and c) no more than an
average of 1 cubic yard of material per running foot placed along the bank below the plane of
the ordinary high water mark or high tide line, unless this criterion is waived in writing by the
Corps.


7. Best Management Practices: Best Management Practices (BMPs) must be employed
during construction and in project design to protect water quality and minimize impacts of
storm water runoff on aquatic resources. BMPs should be appropriately located in or adjacent
to WOUS (e.g., silt curtains). The applicant shall employ the following BMPs, as appropriate
and feasible, in designing and constructing the project. The applicant shall describe which
BMPs are practicable as part of the Preconstruction Notification Procedures described below:
a. Preservation of natural resource features on the project site (e.g., floodplains,
wetlands, streams, and other drainageways, grasslands, woodlands, and native soils);
b. Preservation of natural water infiltration and storage characteristics of the site;
c. Minimization of new impervious surfaces in project design (impervious surfaces may
be minimized through practices such as reducing road widths and clustering developments
designed around open space);
d. Structural measures that provide water quality and quantity control;
e. Construction BMPs;
f. Low impact development (LID) BMPs.
Examples of structural BMPs include vegetated natural buffers, grassed swales, infiltration
trenches, level spreaders, and channel grade controls. Examples of construction BMPs include
matting and filter fencing, or other barrier methods to intercept/capture sediment.


8. Proper Maintenance: You must maintain the activity authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. You are not relieved
of this requirement if you abandon the permitted activity or sell the property associated with
this permit. You may make a good faith transfer to a third party. If you sell the property
associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this
authorization. Should you wish to cease to maintain the authorized activity, or should you
desire to abandon it without a good faith transfer, you must obtain a modification of this permit
from this office, which may require restoration of the area.


9. Aquatic Life Movements: No activity may substantially disrupt the necessary life cycle
movement of aquatic species indigenous to the water body, including those species that
normally migrate through the area, unless the activity’s primary purpose is to impound water.
Culverts placed in streams must be installed to maintain low-flow conditions. If feasible, they
should be designed as open-bottom culverts.


10. Equipment: Heavy equipment working in wetlands must be placed on mats, or other
measures, such as low-ground pressure equipment, must be taken to minimize soil
disturbance.


11. Tribal Rights: No activity or its operation may impair reserved Tribal rights, including, but
not limited to, reserved water rights and treaty fishing and hunting rights.


12. Water Supply Intakes: No discharge of dredged or fill material may occur in the proximity
of a public water supply intake, except where the discharge is for the repair or improvement of
the intake structure(s), and/or adjacent bank stabilization.


13. Suitable Material: Fill material must be clean and free of contaminants and noxious
plants. Fresh cement or concrete is not allowed in waters unless it is placed in sealed forms.
Unsuitable fill material includes vehicle bodies, farm machinery, appliances and other metal
objects, asphalt, biodegradable construction debris and tires, concrete with exposed rebar.


14. Management of Water Flows: To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained. The activity must
be constructed to withstand expected high flows. The activity must not restrict or impede the
passage of normal or high flows unless the primary purpose of the activity is to impound water
or manage high flows. The activity may alter the pre-construction course, condition, capacity,
and location of open waters if it benefits the aquatic environment (e.g., stream restoration
project).


15. Migratory Bird Breeding Area: Activities in WOUS that serve as breeding areas for
migratory birds shall be avoided to the maximum extent practicable.


16. Removal of Temporary Fills and Restoration of Affected Areas: Temporary fills shall be
removed in their entirety and the affected areas returned to pre-construction elevations. The
affected areas shall be revegetated with native vegetation upon completion of the project. A
restoration plan, which includes a 1-foot contour topographic map, must be submitted with the
notification to the Corps.


17. Compensatory Mitigation: Compensatory mitigation for unavoidable impacts to WOUS
must be accomplished by conforming to the minimum mitigation ratios set by the HCP/NCCP,
as summarized in Table 1. Mitigation proposals are required to be consistent with the Federal
mitigation rule (33 CFR Part 332).
a. The preferred mechanism for providing compensatory mitigation is by acquiring
mitigation bank credits or in-lieu fee (ILF) program credits from a Corps-approved bank or ILF
program, respectively. However, if an appropriate number and type of mitigation bank or ILF
credits are not available at the time of notification, permittee-responsible mitigation may be
proposed. Pursuant to the Federal mitigation rule, the preference hierarchy for use of banks,
ILF programs and permittee-responsible to fulfill compensatory mitigation requirements can be
overridden based on project-specific considerations (33 CFR 332[b][2]).
b. Prior to proceeding with the activity authorized by this RGP, a final mitigation plan
must be approved by the Corps, and mitigation fees (if applicable, e.g., bank and/or ILF
program) must be paid. When mitigation fees are applicable, evidence of fee payment must be
provided to the Corps before commencement of the activity authorized by this RGP can be
initiated.
c. If the RGP verification includes permittee-responsible compensatory mitigation, the
mitigation plan must contain a reporting procedure consistent with the Corps’ mitigation rule
(33 CFR Part 332.4[c][10]), Monitoring Requirements, as well as any Sacramento District
and/or South Pacific Division compensatory mitigation guidance applicable at the time of
application review.


18. Notification: The applicant shall provide written notification (i.e., a complete application)
for a proposed activity to be authorized under the RGP prior to commencing the activity. The
Corps’ receipt of the complete application is the date when the Corps receives all required
notification information from the applicant. For additional detail please see the below section
titled Preconstruction Notification Procedures.


19. Reporting Responsibilities: The permittee must submit a letter report to the Corps within
30 days of project completion. The report will contain the following:
a. The Corps’ file number;
b. Photographs showing pre- and post-construction project conditions; and,
c. A completed compliance certification.


20. Access: Work authorized under this permit may be inspected by the Corps at any
reasonable time to assure that it is being or has been completed in compliance with the terms
and conditions of this permit.


21. Transfer of RGP Authorization: If the permittee sells the property associated with this
permit, the permittee must obtain the signature and mailing address of the new owner on the
permit verification letter and forward a copy to this office to validate the transfer.


ACTIVITY SPECIFIC GENERAL CONDITIONS:
The following general conditions apply to Activity categories specified at the end of each
condition.
1. Stream Setbacks: Consistent with the requirements of the HCP/NCCP, stream setbacks
shall be established. See the HCP/NCCP for detailed stream setback requirements,
summarized in Table 2 of this RGP. WOUS shall not be filled in order to meet the buffer
requirements (Activity categories 1, 2, 3 and 5).


2. Permanent Protections: All preserved, created, restored or enhanced WOUS and
adjacent buffers on the project site shall be preserved and permanently protected through a
deed restriction, conservation easement, or other appropriate real estate or legal instrument,
consistent with the requirements of the HCP/NCCP as determined by the Corps. A recorded
copy of the real estate instrument must be provided to the Corps prior to proceeding with any
activity otherwise authorized by this RGP (Activity categories 1, 2, 3 and 5).


3. Fencing and Signage: Preserved areas on the project site must be fenced and signed as
sensitive areas to discourage human disturbance (Activity categories 1, 2 and 3).


4. Utility Lines: All utility lines shall be constructed in accordance with the following:
a. The construction area for linear utility line projects shall be limited to a width of 75
feet, unless this limit is waived in writing by the Corps.
b. For utility line projects, directional drilling, clear span or other techniques that do not
contact the waterbody shall be used if the waterbody contains perennial flow.
c. Material resulting from trench excavation may be temporarily sidecast (up to 60 days)
into WOUS, provided that the material is not placed in such a manner that is dispersed by
currents or other forces. The Corps may extend the period of temporary side casting for no
more than a total of 180 days, where appropriate.
d. Utility lines must not adversely alter existing hydrology, including draining of
wetlands. In wetland areas, utility line trenches shall be lined with clay, or other impermeable
materials or structures (such as cut-off walls) to ensure that the trench through which the utility
line is installed does not drain WOUS. In addition, to prevent a french drain effect, gravel
cannot be used as backfill material in the top 10 feet of the trench.
e. In wetland areas, the top 6”-12” of the trench shall be backfilled with topsoil
excavated from the trench in the same stratification in which it was removed.
f. Excess material shall be removed to upland areas immediately upon completion of
utility line construction in any segment of the project containing WOUS. In no case shall the
excess material be left in place until the entire utility line is completed.
g. The construction area, including unprotected slopes and streambanks, shall be
stabilized (e.g., blanketed and seeded) immediately upon completion of the utility line
construction in any segment of the project. In no case shall soil stabilization be delayed until
the entire utility line is completed.
h. Temporarily disturbed construction areas must be restored to pre-construction
conditions, including grading to original contours and revegetating (with native vegetation or
other appropriate vegetation approved by the Corps) immediately upon completion of the
project. A restoration plan, which includes a 1-foot contour topographic map, shall be
submitted with notification (Activity categories 1, 2, 3, 5 and 6).


PRECONSTRUCTION NOTIFICATION PROCEDURES:
The applicant shall submit an electronic PCN to this office consisting of a written request for
verification under this RGP. Electronic submittal of the PCN should be sent to:
spkregulatorymailbox@usace.army.mil. The PCN must contain the following information to be
considered complete:


1. A letter signed by the applicant requesting authorization under the RGP, identifying the
Activity Category(s), a description of the proposed activity, the location of the activity (with
latitude and longitude), and the area (in acres, and/or linear feet as applicable) of WOUS,
including wetlands, to be impacted;


2. For each general and applicable activity-specific condition of this RGP, a brief narrative
describing how the activity would comply with the condition, or that the condition does not
apply;


3. A vicinity map, plan-view and cross-section drawings clearly depicting the location, size
and dimensions of the proposed activity, including areas to be used for access and staging.
The drawings shall contain a title block, legend and scale, nearby structures, parcel
boundaries, and dimensions of the proposed dock and associated access. Unless waived on a
case-by-case basis at the Corps' discretion, all drawings shall comply with the Updated Map
and Drawing Standards for the South Pacific Division Regulatory Program, which can be found
at http://www.spd.usace.army.mil/missions/regulatory/public-notices-andreferences/
article/651327/updated-map-and-drawing-standards/
.

4. A delineation of aquatic resources in accordance with the Sacramento District’s Minimum
Standards for Acceptance of Aquatic Resources Delineation Reports (available at
http://www.spk.usace.army.mil/portals/12/documents/regulatory/jd/minimumstandards/
minimum_standards_for_delineation_with_template-final.pdf), or updated standards
adopted by the Sacramento District, unless specifically waived by the Sacramento District;


5. A written statement explaining how the activity has been designed to avoid and minimize
adverse effects, both temporary and permanent, to WOUS;


6. A cultural resource survey report for the project site, including all staging, access and
construction areas. The report must be prepared in accordance with the October 28, 2020,
Sacramento District Guidelines for Compliance with Section 106 of the NHPA, which can be
found at https://www.spk.usace.army.mil/portals/12/documents/regulatory/sec-106-
tribal/2020.10.29-section%20106%20submittal%20guidelines.pdf (or more recent guidance, if
applicable). If the Corps determines that the activity complies with the terms and conditions of the RGP,
including confirmation that proposed impacts to aquatic resources are minimal, the Corps will
notify the applicant in writing and include any special conditions deemed necessary. If the
Corps determines the impacts of the proposed activity are more than minimal, the Corps will
notify the applicant that the project does not qualify for authorization under the RGP and
instruct the applicant on the procedures to seek authorization under an individual permit.


FURTHER INFORMATION:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to: Section 404 of the Clean Water Act (33 U.S.C. 1344).


2. Limits of this authorization:
a. This permit does not obviate the need to obtain other federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed federal
projects.

3. Limits of Federal Liability: In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of
this permit.


4. Reliance on Applicant's Data: The determination of this office that issuance of this permit
is not contrary to the public interest was made in reliance on the information you provided.


5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include,
but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (see 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement
procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement
procedures provide for the issuance of an administrative order requiring you comply with the
terms and conditions of your permit and for the initiation of legal action where appropriate. You
will be required to pay for any corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain situations (such as those specified in 33
CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.


6. Activities not meeting the terms and conditions of this permit may be authorized through
another type of permit from the Corps, such as a Nationwide Permit or Letter of Permission.
The Corps will determine on a case-by-case basis whether an activity has a more than minimal
impact, individually or cumulatively, on the aquatic environment or may be contrary to the
public interest. The Corps may include additional special conditions to a verification under this
permit to ensure the activity has minimal impact.


PERMIT DURATION: This permit is valid for three years from issuance and will expire on
December 1, 2025. The Corps may re-evaluate the terms and conditions of this permit at any
time it deems necessary to protect the public interest. This permit may be re-issued, after
public notice and documentation of the decision. Activities under this permit must be verified in
writing by the Corps. Verifications are valid until the permit expires.


CONTACTS AND ADDITIONAL INFORMATION: For additional information about this RGP,
please contact this office by phone at 916-557-5250, or by email at
spkregulatorymailbox@usace.army.mil. For an updated list of contacts, please visit our
website at http://www.spk.usace.army.mil/missions/regulatory.


ATTACHMENTS:
1. Figure 1a: General Location of HCP/NCCP Plan Area and Area Covered by RGP
2. Figure 1b: HCP/NCCP Plan Area and Area Covered by RGP
3. Table 1: Required Ratios and Estimated Preservation, Restoration, and Creation
Requirements for Aquatic Land-Cover Types Under Initial and Maximum Urban Development
Area
4. Table 2: Stream Setback Minimum Requirements for Streams
5. Programmatic Biological Opinion for a Regional General Permit for the East Contra Costa
Habitat Conservation Plan/Natural Community Conservation Plan, Contra Costa County,
California (USFWS #81420-2011-F-0655, dated April 30, 2012)


This permit becomes effective when the federal official, designated to act for the Secretary of
the Army has signed below.


Michael S. Jewell Date
Chief, Regulatory Division
Sacramento District