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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.

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.

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SPK-2012-00286, Public Notice of Proposed Big Whitney Complex Meadow Restoration In-Lieu Fee (ILF) project (KER-2) for the Sacramento District California ILF Program, Tulare County, California.

REGULATORY DIVISION
Published April 23, 2024
Expiration date: 5/22/2024
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Comment Period: April 22, 2024 – May 22, 2024

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a proposal to establish the Big Whitney Complex Meadow Restoration ILF project as part of the Sacramento District California In-Lieu Fee Program, which would result in the re-establishment of approximately 26.17 acres of montane wet meadow, in the Kern river watershed. This notice is to inform interested parties of the proposed activity and to solicit comments. A copy of the initial project prospectus is available online at the following location https://ribits.ops.usace.army.mil/ords/f?p=107:278:14277445761226::::P278_BANK_ID:6848.

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

SPONSOR:         National Fish and Wildlife Foundation

                              Attn: Mr. Christopher Gurney

                              1625 Eye Street, NW Suite 300

                              Washington, DC 20006

                              christopher.gurney@nfwf.org

LOCATION: The approximately 807.19-acre site is located on the Kern Plateau, Latitude 38.4339°, Longitude -118.2639°, in eastern Tulare County, California.

PROJECT DESCRIPTION: The ILF Project would result in the re-establishment, of approximately 26.17 acres of waters of the United States, including wetlands, in the Kern River watershed. The project would create 25.58 Aquatic Resource Credits in the Kern River Aquatic Resource Service Area. The project would fulfill 5.96 Advance Credit sales within the Kern River Aquatic Resource Service Area. The remaining 19.62 credits would be sold as Released Credits or used to fulfill future Advance Credit sales within the Kern River Aquatic Resource Service Area.

ADDITIONAL INFORMATION:

Environmental Setting. There are approximately 309.47 acres of montane wet meadow within the project area. The site is characterized by montane wet meadow and upland habitat. The site is located at 9,800 feet in elevation (NAVD88) and has an average slope of 2-3%, generally sloping from north to south. Stream channels within the proposed ILF project site are moderately to severely incised, with incision up to 4 feet in portions of the stream and approximately 40 active head cuts.

A Department of the Army permit may be required for restoration activities.

OTHER GOVERNMENTAL AUTHORIZATIONS: The Interagency Review Team responsible for the review and approval of the proposed ILF project includes representatives from the Corps, the United States Environmental Protection Agency, the California State Water Resources Control Board, and the Lahontan Regional Water Quality Control Board.

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

ENDANGERED SPECIES: The proposed ILF project 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, pursuant to Section 7 of the Endangered Species Act, as appropriate.

ESSENTIAL FISH HABITAT: The proposed ILF 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 ILF Project. 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 Project 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-2012-00286 must be submitted via email to the office listed below on or before May 22, 2024.

US Army Corps of Engineers, Sacramento District

Attn: Laura Shively

1325 J Street, Room 860

Sacramento, California 95814-2922

Email: Laura.B.Shively@usace.army.mil

Telephone: (916) 557-5258

Attachments: ILF Project drawings