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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-2019-00047, Public Notice of Proposed In-Lieu Fee Program, Clark County, NV

Regulatory Division
Published Oct. 10, 2019
Expiration date: 11/11/2019

Comments Period:  October 11, 2019 November 11, 2019

SUBJECT:  The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a proposal to establish the Clark County In-Lieu Fee Program (ILF Program), which would involve the establishment, re-establishment, rehabilitation, enhancement, and/or preservation of waters of the United States, including wetlands, through funds paid to the Sponsor to satisfy compensatory mitigation requirements for Department of the Army permits within Clark County, Nevada.  This notice is to inform interested parties of the proposed activity and to solicit comments.  A copy of the Clark County In-Lieu Fee Program prospectus is available online at the following location

AUTHORITY:  This prospectus is being evaluated under 33 Code of Federal Regulations (CFR) Part 332.8.

SPONSOR:  Clark County Desert Conservation Program

LOCATION:  The proposed Program Area includes all of Clark County, Nevada, which is approximately 5,100,000 acres in size, and includes all or portions of the following watersheds: Lake Mead (HUC 15010005), Grand Wash (HUC 15010006), Lower Virgin (HUC 15010010), Muddy (HUC 15010012), Meadow Valley Wash (HUC 15010013), Las Vegas Wash (HUC 15010015), Havasu-Mojave Lakes (HUC 15030101), Piute Wash (HUC 15030102), Sand Spring-Tikaboo Valleys (HUC 16060014), and Ivanpah-Pahrump Valleys (HUC 16060015). 

PROJECT DESCRIPTION:  The prospective Sponsor proposes to establish an ILF Program.  The ILF Program would provide compensatory mitigation for unavoidable adverse impacts to waters of the U.S. that would result from activities authorized under Section 404 of the Clean Water Act and/or Sections 9 or 10 of the Rivers and Harbors Act of 1899.  The attached drawings provide additional details.

ADDITIONAL INFORMATION: The proposed Program Area is throughout all of Clark County, Nevada, which is approximately 5,100,000 acres in size, and includes all or portions of the ten HUC 8 drainage basins described above.

Environmental Setting.  The proposed Program Area is within the Mojave Basin and Range ecoregion, and contains varying types of aquatic resources, such as wetlands, ephemeral streams, and playas.  The proposed Program area covers all of portions of ten HUC 8 drainage basins.

A Department of the Army permit may be required for restoration activities at ILF Project sites.

OTHER GOVERNMENTAL AUTHORIZATIONS:  The Inter-agency Review Team responsible for the review and approval of the proposed mitigation bank include representatives from the Corps, the U.S. Environmental Protection Agency, the Nevada Division of Wildlife, and the Nevada Division of Environmental Protection.

HISTORIC PROPERTIES:  Potentially eligible cultural resources may be affected by the ILF Program.  The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act for any subsequent ILF Program site approvals, as appropriate.

ENDANGERED SPECIES:  The proposed ILF Program may affect Federally-listed endangered or threatened species or their critical habitat.  The Corps will initiate consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act for any subsequent ILF Program site approvals, as appropriate.

ESSENTIAL FISH HABITAT:  The proposed ILF Program 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 prospective 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 ILF Program.  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.  Comments are used in the evaluation of the proposed ILF Program per 33 CFR Part 332.8 and in the preparation of an Environmental Assessment pursuant to the National Environmental Policy Act.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2019-00047 must be submitted to the office listed below on or before November 11, 2019.

Matt Wilson, Senior Project Manager
US Army Corps of Engineers, Sacramento District
533 West 2600 South, Suite 150
Bountiful, Utah 84010-7744
Telephone: 801-295-8380 x8311

Attachments:  4 drawings