Comment Period: March 5, 2024 – April 4, 2024
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District (Corps), is proposing to modify and re-issue Regional General Permit (RGP) 16, previously authorizing work or structures within navigable waters of the U.S. and/or the permanent or temporary discharge of fill material into waters of the U.S. associated with anadromous salmonid habitat restoration activities. The Corps is proposing to widen the applicability of RGP 16 to cover anadromous salmonid fisheries restoration, as well as other aquatic habitat restoration and enhancement activities including, but not limited to, bioengineered bank stabilization; engineering/designing with nature; nature-based solutions; water conservation; and removal of pilings, small dams, tide gates, flood gates, and other in-water structures. This notice is to inform interested parties of the proposed RGP and to solicit comments.
AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters of the United States and/or Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.
LOCATION: The proposed RGP would be modified to cover aquatic habitat restoration and enhancement activities in waters of the United States, subject to the authorities of the U.S. Army Corps of Engineers, Regulatory Program within the Sacramento District boundaries of California, Nevada, and Utah (see attached District map).
PROJECT DESCRIPTION: The proposed RGP would authorize work or structures within navigable waters of the U.S. and/or the permanent or temporary discharge of fill material into waters of the U.S. associated with aquatic habitat restoration and enhancement activities. Typical activities to be authorized under this RGP include, but are not limited to, fish passage and screening improvements; bioengineered bank stabilization; engineering/designing with nature; nature-based solutions; water conservation; aquatic habitat restoration and enhancement of tidal and non-tidal streams, wetlands, and other waters; and removal of pilings, small dams, tide gates, flood gates, and other in-water structures. Maintenance of the restoration authorized structures or work is also authorized under this RGP when such maintenance requires a DA permit. Compensatory mitigation is not required for activities authorized under this RGP since these activities must be restoration or enhancement in nature, resulting in no net loss of aquatic resource functions and services. The conversion of waters from one type to another is authorized as long as there is an overall no net loss of aquatic resource functions and services.
ADDITIONAL INFORMATION:
Background: RGP 16 was originally issued by the Corps on July 11, 2019, for salmonid habitat restoration activities funded by the California Department of Fish and Wildlife (CDFW) Fisheries Restoration Grant Program (FRGP), as well as other similar restoration activities not funded by the FRGP.
Since 2019, the Corps has verified a total of 37 activities under RGP 16. Last year, from December 31, 2022, to December 31, 2023, a total of 13 activities were verified under RGP 16.
To ensure RGP 16 continues to authorize no more than minimal direct, indirect, and cumulative adverse effects to the aquatic environment for a variety of activities associated with aquatic habitat restoration and enhancement, including anadromous salmonid fisheries restoration, the Corps proposes to make minor modifications to the RGP, including modifying the proposed activities authorized by the RGP to include aquatic habitat restoration and enhancement, removing the non-notifying provisions under the FRGP, and adding Pre-construction Notification requirements and General Conditions requiring compliance with the National Wild and Scenic Rivers Act, Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, Tribal Rights, Section 401 of the Clean Water Act, and Section 307 of the Clean Water Act.
OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification, or waiver thereof, under Section 401 of the Clean Water Act will be required from the State of California, U.S. Environmental Protection Agency, and/or Tribes, as applicable.
HISTORIC PROPERTIES: The issuance of the RGP 16 will have no potential to affect cultural resources listed in, or eligible for listing in the National Register of Historic Places. The Corps will initiate any required consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act for individual activities that may qualify for authorization under RGP 16, if issued.
ENDANGERED SPECIES: The issuance of the RGP 16 will not affect federally listed threatened and/or endangered species and their critical habitat. For any activity not covered by the attached Biological Opinion or Letter of Concurrence, the Corps will initiate required consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, for individual activities that may qualify for authorization under the RGP, pursuant to Section 7 of the Endangered Species Act, if issued.
ESSENTIAL FISH HABITAT: The issuance of the proposed RGP 16 will have no effect on Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act. The Corps will initiate any required consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act for individual activities that may qualify for authorization under the RGP 16, if issued.
The above determinations are based on information provided by the applicant and our preliminary review.
EVALUATION FACTORS: The decision whether to reissue this RGP 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 reissue, modify, and/or condition the proposed RGP.
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 will be 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-2014-00534, must be submitted to the office listed below on or before
April 4, 2024.
U.S. Army Corps of Engineers
> Sacramento District, Regulatory Division
> Attn: Leah M. Fisher
> Regional Permit Specialist
> 1325 J Street, Room 1827
> Sacramento, CA 95814-2922
> Email: Leah.M.Fisher@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 Ms. Leah M. Fisher, at (916) 557-6639, or Leah.M.Fisher@usace.army.mil.
Attachments:
1. Draft RGP 16 – Aquatic Habitat Restoration and Enhancement
2. Sacramento District Regulatory Division Map
3. UFWS Biological Opinion
4. NMFS Biological Opinion
5. USFWS Letter of Concurrence