Comment Period: February 8, 2024 – March 7, 2024
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application from Republic Services, Inc. (applicant/requester) to construct the Forward Landfill Expansion project, which would result in the discharge of fill material into approximately 1.02 acres of waters of the United States, including wetlands. In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, Republic Services, Inc. has also requested permission through the Central Valley Flood Protection Board (non-federal sponsor of the federally authorized project) from the Corps to alter the Littlejohn Creek Channel, a unit of the Farmington Reservoir Project, an existing federal flood risk management project. 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. Additionally, the project is being reviewed under the authority to grant permission for temporary or permanent use, occupation or alteration of any Corps civil works project as contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 U.S.C. 408 (“Section 408”). Section 408 authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a Corps project if the Secretary of the Army (Secretary) determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary’s authority under Section 408 has been delegated to the Corps, Chief of Engineers. The Corps Chief of Engineers has further delegated the authority to the Corps, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity. A requester or applicant has the responsibility to acquire all other permissions or authorizations required by federal, state, and local laws or regulations, including any other required permits. In addition, an approval from the Corps does not grant any property rights or exclusive privileges nor does it authorize any injury to the property or rights of others.
APPLICANT:
Republic Services, Inc.
Attn: Mr. Anthony Mann
2125 Oak Grove Road
Walnut Creek, CA, 94596
LOCATION: The approximately 47-acre overall project site is located at 9999 South Austin Road, Latitude 37.87139°, Longitude -121.18657°, City of Manteca, San Joaquin County, California, and can be seen on the Manteca USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to fill in a portion of the South Branch of Littlejohn’s Creek (linear freshwater emergent marsh) located within the Forward Landfill property and excavate a new creek bed alignment along the southeast of the Forward Landfill property boundary in order to divert this section of Littlejohn’s Creek. Based on the available information, the overall project purpose is to provide waste management services to the cities of Stockton and Manteca. The attached drawings provide additional project details.
ADDITIONAL INFORMATION:
Environmental Setting. There are approximately 1.25 acres of linear freshwater emergent marsh within the project area. The site is characterized by bare earth excavated for landfill use, and prairie grasslands with sparse riparian woodland along the linear freshwater emergent marsh feature. The project site is bounded by landfill to the north and agricultural fields to the south and east.
Alternatives. The applicant has not 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 applicant has proposed to purchase compensatory mitigation credits at a Corps approved mitigation bank, as applicable.
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 applied for and received a 401 certification.
HISTORIC PROPERTIES: Based on the available information (including the applicant's report titled Cultural Resources Technical Memorandum, dated August 28, 2018), no cultural resources were identified within the project's area of potential effect. The Corps has initiated consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act.
ENDANGERED SPECIES: The proposed activity 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, as appropriate.
ESSENTIAL FISH HABITAT: The proposed project would 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 applicant and our preliminary review.
EVALUATION FACTORS FOR SECTION 404: 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).
EVALUATION FACTORS FOR SECTION 408: The decision whether to grant the requested permission for project alteration under Section 408 will be based on several factors. That decision will reflect the national concern for both protection and utilization of important resources. Review of requests for alteration will be reviewed by a Corps technical review team considering the following factors:
1) Impair the Usefulness of the Project Determination. The review team will determine if the proposed alteration would limit the ability of the Corps’ project to function as authorized, or would compromise or change any authorized project conditions, purposes or outputs. In order for an alteration to be approved, the requester must demonstrate that the alteration does not impair the usefulness of the federally authorized project.
2) Injurious to the Public Interest Determination. Proposed alterations will be reviewed to determine the probable impacts, including cumulative impacts, on the public interest. Factors that may be relevant to the public interest evaluation depend upon the type of Corps project being altered and the nature of the proposed alteration and may include, but are not limited to, such things as conservation, economic development, historic properties, cultural resources, environmental impacts, water supply, water quality, flood hazards, floodplains, residual risk, induced damages, navigation, shore erosion or accretion, and recreation. This evaluation will consider information received from the interested parties, including tribes, agencies, and the public. The benefits that reasonably may be expected to accrue from the proposal must be compared against its reasonably foreseeable detriments. The decision whether to approve an alteration will be determined by the consideration of whether benefits are commensurate with risks and by the net impact of the alteration on the public interest using the public interest factors.
3) Environmental Compliance. A decision on a Section 408 request is a federal action, and therefore subject to the National Environmental Policy Act (NEPA) and other environmental compliance requirements. While the Corps is responsible for ensuring environmental compliance, the requester is responsible for providing all information that the district identifies as necessary to satisfy all applicable federal laws, executive orders, regulations, policies, and procedures. NEPA and other analysis completed to comply with other environmental statutes (e.g., Endangered Species Act) should be commensurate with the scale and potential effects of the activity that would alter the Corps project. The Sacramento District will work with the requester to determine the requirements, which will be scaled to the likely impacts of the proposed alteration and should convey the relevant considerations and impacts in a concise and effective manner.
GENERAL 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 determine whether to issue, modify, condition, or deny a permit and permission 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-2007-01883 must be submitted to the office listed below on or before March 7, 2024.
Kaitlyn Ames, Senior Project Manager
Email: kaitlyn.a.ames@usace.army.mil
Brian Luke, Natural Resources Specialist, 408 Permission Section
Email: Brian.J.Luke@usace.army.mil
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922
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' Regulatory project manager Kaitlyn Ames at kaitlyn.a.ames@usace.army.mil and the Corps’ Section 408 Brian Luke, Natural Resources Specialist, Brian.J.Luke@usace.army.mil.
Attachments: 6 drawings