SPK-1997-00732 - RGP Proposal

CESPK-RD

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is proposing to issue Regional General Permit (RGP) 03, for small, private, recreational boat docks and associated access within certain navigable waters of the U.S. The purpose of RGP 3 is to implement an expedited permit application and review process for the installation of small, private, recreational boat docks and associated access that require a Department of the Army (DA) Permit prior to construction in navigable waters of the United States (U.S.). This notice is to inform interested parties of the proposed action and to solicit comments.

AUTHORITY: This RGP is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 for work in navigable waters of the U.S. discharge of dredged or fill material in waters of the United States.

LOCATION: Except for those waters specifically excluded below, Regional General Permit (RGP) 3 is applicable to all tidally influenced waters within the Sacramento District boundaries of California, as well as the following navigable rivers:

Excluded Waters: The use of this RGP is not authorized for Piper Slough, Dutch Slough, Taylor Slough, Sand Mound Slough, and Rock Slough.

DESCRIPTION OF AUTHORIZED ACTIVITIES: This RGP authorizes the construction and maintenance of small, private, recreational, fixed or floating, boat docks and associated access (e.g. gangway, ramp, stairs, etc) within applicable navigable waters of the U.S., provided they meet the following requirements:

1. The area of the boat dock and associated access, combined, do not exceed 1,000 square feet below the plane of the ordinary high water mark (OHWM) for non-tidal waters or mean high water mark (MHWM) for tidal waters. (Note: This limitation does not include those areas of open water used to moor a boat).

2. No more than one access is constructed below the OHWM or MHWM of the navigable water. The access for the boat dock may not exceed 4-feet in width.

3. The boat dock will only be used for private recreational purposes. This permit does not authorize boat docks for commercial or other non-private uses.

4. As measured from the OHWM or MHWM, the dock and associated access may not extend:

    a. beyond the waterward edge of the nearest adjacent facilities on the same bank of the waterway;

    b. more than 100-feet; or

    c. 30% of the distance across the water way, whichever is more restrictive.

5. The footprint of the dock and associated access provides a minimum of 5-feet of clearance from the imaginary lines extending from the adjacent property boundaries, to the centerline of the waterway.

6. Only one dock is allowed per parcel.

DESCRIPTION OF PROHIBITED ACTIVITIES: The following activities are prohibited under this RGP:

1. Discharges of dredged and/or fill material into waters of the U.S.

2. The conversion or use of the boat dock as a recreation room, residence, or dwelling.

3. The mooring of a recreation room, floating residence, or dwelling.

4. Boat docks and/or associated access constructed within 100-feet of, and adversely affecting, a public water supply intake.

ADDITIONAL INFORMATION:

    Background. In accordance with Corps regulations at 33 CFR 322.2(f), RGPs are DA authorizations that are issued on a regional basis for a category or categories of activities when:

a. Those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts; or
b. The general permit would result in avoiding unnecessary duplication of the regulatory control exercised by another Federal, state, or local agency provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal.

    The Corps previously authorized RGP 23, for single berth, covered or uncovered, boat docks in the Legal Sacramento-San Joaquin Delta and the Sacramento River upstream to Keswick Dam (river mile 301). On December 1, 2008, RGP 23 expired, and was not reissued by the Corps. The proposed RGP 3 would implement some of the requirements of the expired RGP 23, although numerous changes have been made to clarify the size limitations for boat docks and associated access, improve the applicability of the RGP, and ensure no more than minimal impacts to navigable waters. Based on a preliminary review of the existing database, Since May, 2008, the Corps has authorized approximately 60 boat docks and associated access in navigable waters within the Sacramento District boundaries of California. Although some of these authorizations were under RGP 23, the majority of the authorizations have been through the issuance of letters of permission. It is expected that the proposed RGP 3 would expedite the permitting process for these activities that are similar in nature and cause only minimal individual and cumulative environmental effects.

    Pre-Construction Notification and Authorizations under RGP 3: Prior to utilizing RGP 3, perspective permittees must submit a completed and signed pre-construction notification (PCN) form to the Corps. No work may occur in navigable waters of the U.S. until the perspective permittee receives a written verification from the Corps that the work may proceed subject to the terms and conditions of RGP 3.

OTHER GOVERNMENTAL AUTHORIZATIONS: Boat docks and associated access covered under this RGP may require additional authorizations from Federal, state and local agencies, including, but not limited to, authorization from agencies responsible for the designation of a National Wild and Scenic River System or “study river,” the Central Valley Flood Protection Board, California State Lands Commission, California Department of Fish and Wildlife, as well as local counties and cities.

HISTORIC PROPERTIES: The issuance of RGP 3 will have no potential to affect cultural resources. However, the construction of boat docks and/or access under the authority of RGP 3 may affect cultural resources. Following the receipt of a completed PCN form, the Corps will determine if the specific activity proposed for authorization under RGP 3 would affect cultural resources listed in or eligible for listing in the National Register of Historic Places and will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

ENDANGERED SPECIES: The issuance of RGP 3 will have no effect to Federally-listed endangered or threatened species endangered species. However, the construction of boat docks and/or access under the authority of RGP 3 may affect Federally-listed endangered or threatened species. Following receipt of a completed PCN form, the Corps will determine if the specific activity proposed for authorization under RGP 3 would affect Federally-listed endangered or threatened species, and will initiate consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act, as appropriate

ESSENTIAL FISH HABITAT: The issuance of RGP 3 will have no effect to essential fish habitat. However, the construction of boat docks and/or access under the authority of RGP 3 may affect essential fish habitat. Following receipt of a completed PCN form, the Corps will determine if the specific activity proposed for authorization under RGP 3 would affect essential fish habitat and will initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.

EVALUATION FACTORS: The decision whether to issue RGP 3 will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from RGP 3, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.

The Corps is soliciting comments from the public, Federal, State, and local agencies and officials, Indian tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-1997-00732 must be submitted to the office listed below on or before June 20, 2013.

Lisa Gibson, Project Manager
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922
Email: Lisa.M.Gibson2@usace.army.mil

The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. Anyone may request, in writing, that a public hearing be held to consider this application. Requests shall specifically state, with particularity, the reason(s) for holding a public hearing. If the Corps determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location. Please note that all comment letters received are subject to release to the public through the Freedom of Information Act. If you have questions or need additional information please contact the applicant or the Corps' project manager Lisa Gibson, 916-557-5288, Lisa.M.Gibson2@usace.army.mil.

Attachments: Draft Proposed RGP 3 with three attachments