SPK-1997-00732, Public Notice of proposed re-issuance of Regional General Permit 3, for Boat Docks and Appurtenant Structures

Comment Period: 03 July 2024 – 02 August 2024

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District (Corps), is proposing to re-issue Regional General Permit (RGP) 3, authorizing work and/or structures within navigable waters of the United States (U.S.) for installing fixed or floating boat docks and appurtenant structures. This notice is to inform interested parties of the proposed reissuance of RGP3 and to solicit comments. This notice may also be viewed at the Corps web site: www.spk.usace.army.mil/Media/RegulatoryPublicNotices.aspx

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.

LOCATION: All navigable waters of the United States located within the Sacramento District boundary of the states of California, Nevada, and Utah, excluding Lake Tahoe.

PROJECT DESCRIPTION: The re-issued RGP would authorize the installation, construction, and modification of fixed or floating boat docks and their appurtenant structures (e.g. decks, landings, gangways, ramps, stairs, catwalks, etc.) within navigable waters of the U.S., subject to Section 10 of the Rivers and Harbors Act of 1899.

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 resource functions or services.

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 (PCN) 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 California, State of Nevada, State of Utah, 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 or National Marine Fisheries Service for individual activities that may qualify for authorization under this RGP, pursuant to Section 7 of the Endangered Species Act, if issued.

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 issue, modify, or condition the RGP 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 and will be used in the preparation of an Environmental Assessment pursuant to the National Environmental Policy Act.

SUBMITTING COMMENTS: Written comments, referencing Public Notice
SPK-1997-00732 must be submitted electronically to the office listed below on or before 02 August 2024.

Jeffrey Wang, Regulatory Project Manager
US Army Corps of Engineers, Sacramento District
CA Delta Section Office
1325 J Street, Room 870
Sacramento, CA 95814
Email: Jeffrey.H.Wang@usace.army.mil

Please note that all comments 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 Jeffrey Wang by phone at 916-557-5269 or by email at Jeffrey.H.Wang@usace.army.mil.

Attachments: Draft RGP