SPK-2023-00852, Public Notice of proposed issuance of a Regional General Permit for Lake Tahoe Minimal Impact Activities and Structures

Comment Period: 10 May 2024 – 14 June 2024

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District (Corps), is proposing to issue a Regional General Permit (RGP), authorizing work or structures within navigable waters of the United States (U.S.). and/or the permanent or temporary discharge of fill material into waters of the U.S. associated with minimal impact activities and structures in Lake Tahoe. This notice is to inform interested parties of the proposed RGP and to solicit comments. 

AUTHORITY: This application is being evaluated under 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. Lake Tahoe is a navigable water of the U.S. and a water of the U.S., subject to both of these laws.

LOCATION: Lake Tahoe, in the states of California and Nevada. See the enclosed RGP for a full description of the authorized activities, terms, and conditions.

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 minimal impact activities. Typical activities to be authorized under this RGP include, but are not limited to mooring buoys, piers, catwalks, docks, boatlifts, aquatic invasive species mitigation, fish habitat mitigation, aquaculture structures (i.e., crawfishing), removal of structures, bulkhead construction/maintenance and associated excavation, and maintenance dredging activities that employ the suction dredging method that do not go beyond established lake bottom elevations. Compensatory mitigation is not generally required for activities authorized under this RGP since most of the authorized activities would not result in the loss of aquatic resources.

ADDITIONAL INFORMATION: The term general permit means a Department of the Army authorization that is issued on a nationwide or regional basis for a category or categories of activities when: (1) Those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts; or (2) The general permit would result in avoiding unnecessary duplication of regulatory control exercised by another Federal, State, or local agency provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal. (33 CFR Part 323.2(h))

Regional permits are a type of general permit. They may be issued by a division or district engineer after compliance with the other procedures of this regulation.

To ensure this RGP authorizes no more than minimal individual and cumulative adverse effects to the aquatic environment, the Corps is proposing to add 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, as well as the ability to add special conditions to specific projects as needed.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification, or waiver thereof, under Section 401 of the Clean Water Act will be required from the State of Nevada, State of California, U.S. Environmental Protection Agency, and/or Tribes, as applicable.

HISTORIC PROPERTIES: The issuance of this RGP will have no potential to affect cultural resources listed in, or eligible for listing in the National Register of Historic Places. If issued, 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 this RGP, if issued.

ENDANGERED SPECIES: The issuance of this RGP will not affect federally listed threatened or endangered species and/or their critical habitat. If issued, the Corps will initiate required consultation with the U.S. Fish and Wildlife Service for individual activities that may qualify for authorization under this RGP, pursuant to Section 7 of the Endangered Species Act, if issued.

The above determinations are based on information provided by 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-2023-00852 must be submitted to the office listed below on or before 14 June 2024.

Shannon Morgan, Senior Project Manager
US Army Corps of Engineers, Sacramento District
Reno Regulatory Office
300 Booth Street, Room 3050
Reno, Nevada 89509-1328
Email: Shannon.R.Morgan@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 the Corps' project manager Shannon Morgan, 916-326-9130, shannon.r.morgan@usace.army.mil.

Attachments: Proposed RGP, Location Map