Comment Period: December 19, 2024 – January 18, 2025
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge dredged of fill material and work in approximately 10.73 acres of waters of the United States to construct the Arroyo Canal Fish Screen and Sack Dam Fish Passage Project. This notice is to inform interested parties of the proposed activity 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 Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States.
APPLICANT: Mr. Donald Portz
U.S. Bureau of Reclamation
2800 Cottage Way
Sacramento, California 95825
LOCATION: The approximately 94.0-acre project site is located in the San Joaquin River, in Sections 12 and 13, Township 11 South, Range 13 East, MDB&M, Latitude 36.98341°, Longitude -120.50055°, east of Dos Palos, Madera and Fresno Counties, California, and can be seen on the Pozo Farm and Oxalis USGS Topographic Quadrangles.
PROJECT DESCRIPTION: The applicant is proposing to construct a new channel around the existing Sack Dam with a fish passage structure. This new channel will be able to pass 4,500 cubic feet per second (cfs) and will contain a new 700 cfs flat-plate fish screen on its left bank. A new gated, headworks control structure with 12 bays and operational gates will be constructed as part of the project. This project also includes a vertical slot fishway around the gated headworks structure to provide salmonid passage. Additionally, a new berm downstream of the existing Sack Dam will be constructed to direct fish to the fishway and river channel, to prevent the fish from reaching Sack Dam and possibly being on the backside of a fish screen vulnerable to entrainment into the Arroyo Canal. Other project features include the installation of a new log boom 50 feet upstream of the fish screen to protect the structure from debris and to aide in fish passage. A new maintenance building just west of the river work site, and relocation of an existing Pacific Gas and Electric gas and power lines will also be completed. Based on the available information, the overall project purpose is to improve fish passage and stream flow of the area. The applicant has stated that the project is needed to implement portions of the Natural Resources Defense Council, et al., v. Kirk Rodgers, et al. Stipulation of Settlement consistent with the San Joaquin River Restoration Settlement Act. The applicant believes there is a need for this project. This project is part of the San Joaquin River Restoration Program (SJRRP). The attached drawings provide additional project details.
ADDITIONAL INFORMATION:
Environmental Setting. There are approximately 18.56 acres of waters and wetlands within the project area. The site is characterized as riparian habitat. This site includes 5.87 acres of perennial stream and seasonal floodplain area plus an additional 12.69 acres of riparian forest, riparian shrub, and seasonal wetlands. The project area is surrounded by agriculture. The project is located at Sack Dam
Alternatives. The applicant has 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, particularly 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 proposed project is a restoration project. The applicant proposes that the project will be self-mitigating.
OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the State Water Resources Control Board is required for this project. The applicant has indicated they have applied for certification. A Streambed Alteration Agreement from the California Department of Fish and Wildlife is also necessary for this project.
HISTORIC PROPERTIES: Potentially eligible cultural resources may be affected by the proposed project. The applicant in coordination with the Corps has initiated consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED SPECIES: The proposed activity may affect Federally listed endangered or threatened species or their critical habitat. The applicant in coordination with the Corps has initiated consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.
ESSENTIAL FISH HABITAT: The proposed project may adversely affect Essential Fish Habitat. The applicant in coordination with the Corps has initiated consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.
The above determinations are based on information provided by the applicant and 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. A Programmatic Environmental Impact Statement/Environmental Impact Report (PEIS/EIR) has been created for the SJRRP which includes this proposed work at Sack Dam. 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‑2011‑00873 must be submitted to the office listed below on or before January 18, 2025.
Kathy Norton, Senior Project Manager
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 860
Sacramento, California 95814-2922
Email: Kathy.Norton@usace.army.mil
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' project manager Ms. Kathy Norton, (916) 557-5260, Kathy.Norton@usace.army.mil.
Attachments: 6 drawings and 3 tables