image - a family of ducks at Pine Flat Lake

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.

Public Notices published by the Sacramento District under the Regulatory Program are posted on this page. Once a public notice is available on-line, an email notification is sent to individuals on the appropriate mailing list.

Comments are due by the expiration date of the public notice.  Only comments submitted by email or in hard copy format through a delivery service, such as the U.S. Postal Service, can be accepted.   Comments must be submitted to the address listed in the public notice.

Sign Up for Public Notices

Mailing lists are categorized by county and state. For instructions to be added to a Public Notice notification list, see https://www.spk.usace.army.mil/Missions/Regulatory/Permitting/Request-for-Public-Notice-Notification/.

SPK-2012-00286, proposed In-Lieu Fee project for the Sacramento District California In-Lieu Fee Program (ILF Program), Tulare County, County, CA

Published Sept. 24, 2018
Expiration date: 10/23/2018

Comments Period: 24 September 2018 – 23 October 2018

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District (Corps) is soliciting comments on a proposed In-Lieu Fee project for the Sacramento District California In-Lieu Fee Program (ILF Program). The sponsor is the National Fish and Wildlife Foundation (NFWF). This ILF Program Area spans 37 counties and approximately 65,000 square miles. The NFWF ILF Program, established in October 2014 was approved by the Corps, the U.S. Environmental Protection Agency, the National Marine Fisheries Service, the California State Water Resources Control Board, the Central Valley Regional Water Quality Control Board, and the Lahontan Regional Water Quality Control Board (each an “Agency” and collectively the “Agencies”). A copy of the Prospectus is available online at the following location https://ribits.usace.army.mil/ribits_apex/f?p=107:378:7735764971175::NO::P378_PROGRAM_ID:2661.

The decision whether to approve funding for projects will be based on an evaluation of each proposed activity considering how and where it will compensate for aquatic resources lost through authorizations issued under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. The benefit which may reasonably accrue from each proposal must be balanced against its reasonably foreseeable detriments and/or its appropriateness, considering the ecological needs of the watershed in which it’s located.

AUTHORITY: This prospectus is being evaluated under 33 CFR Part 332.8.

SPONSOR: National Fish and Wildlife Foundation, Attn: Mr. Chris Gurney , Wetlands Program Director, Impact-Directed Environmental Accounts (IDEA), 90 New Montgomery Street, Suite 1010, San Francisco, CA 94105, Office: (415) 593-7627

LOCATION: The approximately 15.29-acre project site is located in eastern Tulare County in the Sequoia National Forest, approximately six miles northwest of Kennedy Meadows, Latitude 36.0845° N, Longitude -118.2505° W, Tulare County, California, and can be seen on the Bonita Meadows, USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The Sponsor proposes to establish a 15.29-acre ILF Project. The ILF Project site is located in the Kern River Service Area. The proposed project would generate approximately 5.79 Aquatic Resource Released Credits by re-establishing approximately 5.79 acres of montane wet meadow habitat. The Tory Meadow Restoration Project (KER-2) Initial Project Prospectus provides additional project details.

ADDITIONAL INFORMATION:

     Environmental Setting. The proposed ILF Project site is located in the Sequoia National Forest comprising the upper portion of Troy Meadow in the Fish Creek Watershed, a tributary to the South Fork of the Kern River. Elevations on the ILF Project site range from approximately 7,740 to 7,770 feet (NAVD88), with an average slope of less than 2% across the meadow surface. The meadow slopes from north to south with the highest elevations in the northern portion of the site. The site is located within the floodplain of Fish Creek which experiences intermittent flows with portions of the stream generally drying out during the summer months. Troy Meadow generally supports wet meadow riparian vegetation in and adjacent to the channel and dry meadow vegetation further away and upslope from the channel (see Initial Project Prospectus Figure 6, Attachment 1 for wetland map and Attachment 4 for the Wetland Delineation Report). Wet meadow vegetation at the ILF Project site is characterized by Nebraska sedge (Carex nebrascensis), Baltic rush (Juncus balticus ssp. ater), California hairgrass (Deschampsia cespitosa), and meadow barley (Hordeum brachyantherum). The drier portions of the meadow are characterized by pine blue grass (Poa secunda), Kentucky blue grass (Poa pratensis ssp. pratensis), yarrow (Achillea millefolium), meadow lupine (Lupinus polyphyllus var. burkei), and Northwest cinquefoil (Potentilla gracilis).

OTHER GOVERNMENTAL AUTHORIZATIONS: The Interagency Review Team responsible for the review and approval of the proposal include representatives from the Corps, the U.S. Environmental Protection Agency, the California State Water Resources Control Board, and the Central Valley Regional Water Quality Control Board. Any of the projects which involve the discharge of fill into waters of the U.S. or that require state or local permits or authorizations will be sought individually and are not described in this notice.

HISTORIC PROPERTIES: The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

ENDANGERED SPECIES: The Corps will initiate consultation with the U.S. Fish and Wildlife Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.

ESSENTIAL FISH HABITAT: The proposed project will not adversely affect Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act.

The above determinations are based on information provided by the Sponsor and our preliminary review.

EVALUATION FACTORS: 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 assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2012-00286 must be submitted to the office listed below on or before October 23, 2018.

Krystel Bell, Mitigation Banking Specialist
US Army Corps of Engineers, Sacramento District
Email: Krystel.L.Bell@usace.army.mil

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 Sponsor or the Corps' project manager Ms. Krystel Bell, (916) 557-7745, Krystel.L.Bell@usace.army.mil.