Subject: Public Notice of Permit Application
Action ID: SPK-2005-00819
Comments Period: December 18, 2017 – January 17, 2018
The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Churn Creek Park Subdivision project, which would result in impacts to approximately 0.431 acres (2,344 linear feet) of waters of the United States, including wetlands, in or adjacent to Churn Creek. This notice is to inform interested parties of the proposed activity and to solicit comments. This notice may also be viewed at the Corps web site at www.spk.usace.army.mil/Media/RegulatoryPublicNotices.aspx.
This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.
Willow Creek Development, Inc.
Attn: Ms. Patricia Meyer
17 Dias Dorados
Orinda, California 94563
The approximately 22-acre project site is located on Churn Creek, at the intersection of Constitution Way and Bonhurst Drive, Latitude 40.628889°, Longitude -122.4669°, Redding, Shasta County, California, and can be seen on the Project City USGS 7.5 Minute Topographic Quadrangle.
The applicant is proposing to complete construction of a single family residential housing development. Phase I of the development was completed in approximately 2002 and included fills in waters of the United States without authorization. The current proposal is to authorize the previously completed work and to complete Phase 2 of the project. Based on the available information, the overall project purpose is to construct a residential housing development in the Redding, California area. The applicant believes there is a need for additional housing in the Redding market area.
The project would consist of installing two 72-inch pipes into the channelized intermittent stream along the northern project boundary. This would result in the filling of approximately 1319 feet of the channel to pipe the stream through the development. The piping is proposed to discharge into Churn Creek north of its current location through a short rock-lined ditch. The applicant also is proposing to retain some previously placed fill material and modify some previously placed fill material in approximately 995 feet of intermittent stream. This fill was completed to place a channelized intermittent stream through the development into a 54 inch pipe and to convey collected storm water into Churn Creek. The 54 inch pipe continues across the 100 year floodplain and discharges directly into Churn Creek. Due to elevation of the development and Churn Creek, the pipe and associated outfall resulted in above grade fills within the floodplain. The current proposal is to remove a portion of the 54 inch pipe that extends across the floodplain and to construct an outfall with energy dissipater at the floodplain boundary. This is proposed to reduce the effects to the floodplain from the unauthorized work conducted in 2002. The attached drawings provide additional project details.
Based on the available information, the overall project purpose is to construct residential development. The applicant believes there is an existing need for housing in the Redding area. The attached drawings provide additional project details.
There were approximately 1.478 acres of perennial stream, intermittent stream, freshwater emergent wetland and wetland meadow habitats within the project area. Currently 1.282 acres of waters of the United States remain in the project area. Approximately 0.183 acres of channelized intermittent stream and 0.017 acres of perennial stream habitats were impacted as a result of storm drain and outfall construction conducted between 2000 and 2002. This work was conducted without a Department of the Army permit.
The site is characterized by a flat terrace above the 100 year flood plain to the west of Churn Creek. Churn Creek is a perennial stream that is a direct tributary to the Sacramento River and flows, north to south, along the eastern project boundary. The previously constructed Phase I and the currently under construction Phase II are located on this terrace. The project and Churn Creek are separated by an approximately 150 foot wide floodplain which contains emergent wetland and wetland meadow habitat. The storm drain pipe and outfall structure completed during Phase I were constructed across this floodplain. This resulted in a 2 to 3 foot high berm across approximately 150 feet of the floodplain along the west bank of Churn Creek.
The applicant has provided information concerning project alternatives. Additional information concerning project alternatives may be available from the applicant or their agent. Other alternatives may develop during the review process for this permit application. All reasonable project alternatives, in particular those which may be less damaging to the aquatic environment, will be considered.
The Corps requires that applicants consider and use all reasonable and practical measures to avoid and minimize impacts to aquatic resources. If the applicant is unable to avoid or minimize all impacts, the Corps may require compensatory mitigation. The applicant has proposed to purchase mitigation credits at Stillwater Plains Mitigation Bank and to revegetate approximately 500 linear feet of Churn Creek.
OTHER GOVERNMENTAL AUTHORIZATIONS:
Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Regional Water Quality Control Board is required for this project. The applicant has indicated they have applied for certification.
Based on the available information (including applicant's report titled Cultural Resource Assessment, September 2017, no cultural resources were identified within the project's area of potential effect. The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.
The proposed activity may affect Federally-listed endangered or threatened species, including Central Valley steelhead, Oncorhynchus mykiss. The Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.
ESSENTIAL FISH HABITAT:
The proposed project may adversely affect Essential Fish Habitat. The Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.
The above determinations are based on information provided by the applicant and our preliminary review.
The decision whether to issue a permit 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 the described activity, 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 activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230).
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.
Written comments, referencing Public Notice SPK-2005-00819 must be submitted to the office listed below on or before January 17, 2018.
Matthew Kelley, Project Manager
US Army Corps of Engineers, Sacramento District
310 Hemsted Drive, Suite 310
Redding, California 96002
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 Matthew Kelley, (530) 223-9537, Matthew.P.Kelley@usace.army.mil.
Attachments: 4 drawings