SPK-2017-00112, Clear Creek Phase 3c Project, Shasta County, CA

Comments Period: March 26 – April 26, 2019

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Clear Creek Phase 3c project, which would result in impacts to approximately 10.35 acres of waters of the United States, including wetlands, in or adjacent to Clear Creek. This notice is to inform interested parties of the proposed activity and to solicit comments.

AUTHORITY: 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.

APPLICANT: U.S. Bureau of Reclamation (BOR), Attn: Mr. Richard Woodley, 2800 Cottage Way, Sacramento, California 95825

LOCATION: The approximately 93-acre project site is located on Clear Creek, in Section 26, Township 31 North, Range 5 East, Mount Diablo Meridian, Latitude 40.50435°, Longitude 122.40618°, in Shasta County, California., and can be seen on the Redding USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The Corps has designated the BOR as lead federal agency for the proposed project. The applicant is proposing to enhance riverine and riparian functions, and aquatic habitat for salmonids. The proposed work would include the realignment of the stream channel to its historic alignment, the creation of additional channels, the creation of an off channel pond with adjacent seasonal wetlands to increase off-channel rearing habitat, and the creation of connected floodplain adjacent to the realigned stream channel, allowing for natural recruitment of cottonwoods. The applicant has identified a need to restore the stream channel and associated in-stream habitat in order to provide flows that allow sufficient spawning, incubation, rearing, and outmigration for salmon and steelhead.

The applicant proposes to dewater the stream to ensure work does not occur in flowing waters. The applicant would install turbidity curtains and diversion berms, utilizing a plastic liner and spawning gravel prior to construction of the proposed project.

Based on the information provided by the applicant, the project would result in permanent impacts to 10.34 acres of waters, including 6.34 acres of Clear Creek, 2.71 acres of pond, 1.1 acres of wetlands, 0.15 acre of ephemeral drainage, and 0.04 acre of intermittent channel. The project would result in temporary impacts to 7.55 acres of waters of the U.S., including 5.8 acres of Clear Creek, 1.38 acres of wetlands, 0.24 acre of ephemeral drainage, and 0.13 acre of pond. The applicant proposes that the project would result in a conversion of waters of the United States, as depicted in the table below, and would increase the overall function of the aquatic resource. There would be no net loss of waters.

Table 1: Conversion of Waters of the U.S.

ADDITIONAL INFORMATION:

Environmental Setting. Within the 93-acre project area, there are approximately 52.4 acres of waters of the United States, including 41.69 acres of Clear Creek, 4.29 acres of wetlands, 3.63 acres of pond, 2.79 acres of ephemeral drainage, and 0.09 acre of intermittent channel. The hydrology of the creek is controlled by Whiskeytown Dam, upstream of the project area. The site is characterized by steep bluffs on the south side of the creek and in portions of the northern edge of the creek. The topography flattens as the creek flows east towards the river. The site has been historically used for gold and gravel mining activities and is highly disturbed as a result of those activities. The site has been substantially altered by direct removal of riparian forests, channel entrenchment, and flow regulation. The existing channel flows along the south valley wall, with little sinuosity. Dredging from mining operations has resulted in mercury deposits and piles of cobble along the creek. The existing channel dimensions are deep and narrow, forming a high velocity chute through most of the project site and clay hardpan/bedrock is exposed in the channel bed. This section of channel entrenchment is locally steep compared to upstream and downstream sections of channel due to the shortened channel length. The applicant has identified that restoration is needed because the combined impacts to the in-stream and riparian areas have resulted in poor habitat for salmonids due to high flow velocities in the channel, inappropriate substrate for spawning, lack of large wood, and infrequent inundation of adjacent floodplains.

Alternatives. 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.

Mitigation. 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 project is not anticipated to result in a net loss of aquatic resources; therefore the applicant has not proposed compensatory mitigation for the proposed project.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Central Valley Regional Water Quality Control Board, is required for this project. The applicant has indicated they have applied for certification.

HISTORIC PROPERTIES: The BOR, as the lead federal agency for the proposed project, will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

ENDANGERED SPECIES: The proposed activity may affect federally-listed endangered or threatened species and their critical habitat. The BOR, as the lead federal agency, will initiate consultation, pursuant to Section 7 of the Endangered Species Act, as appropriate.

ESSENTIAL FISH HABITAT: The proposed project may adversely affect Essential Fish Habitat. The BOR 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.

EVALUATION FACTORS: 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.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2017-00112 must be submitted to the office listed below on or before April 26, 2019.

Melissa France, Project Manager
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922
Email: Melissa.M.France@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 Melissa France, (916) 557-7759, Melissa.M.France@usace.army.mil.

Attachments:
Sheet 5- Design Feature Overview
Sheet 7 Site Plan