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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.

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SPK-2010-01141 and SPK-2010-01034

Published June 27, 2012
Expiration date: 7/12/2012


SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating permit applications to construct the Reclamation District (RD) 2035/Woodland-Davis Clean Water Agency (WDCWA) Joint Intake Project (JIP) and the Davis Woodland Water Supply Project (DWWSP), which, when combined, would result in impacts to approximately 5.14 acres (1.34 acres under the Joint Intake Project and 3.80 acres under the DWWSP) of waters of the United States, including wetlands, in or adjacent to Sacramento River, Tule Canal, Willow Slough, and the Willow Slough Bypass.

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.


Gary Reentsr
Reclamation District 2035
45332 County Road 25
Woodland, California 95776

Dennis Diemer
Woodland-Davis Clean Water Agency
1717 Fifth Street
Davis, CA 95616

LOCATION: The JIP site is a 5.52-acre site is located on the Sacramento River, in Section 35, Township 10 North, Range 3 East, Mount Diablo Meridian, Latitude 38.67611°, Longitude -121.63062°, Yolo County, California, and can be seen on the Grays Bend, California USGS 7.5-minute topographic quadrangle.
The DWWSP is 156.84-acre project that begins at the southern boundary of the JIP and extends through the City of Woodland to the City of Davis. This location corresponds to sections 29, 31, 32, 33, and 35 (T 10 N and R 2 E) and sections 11, 12, 13, 14, 23, 24, 25, 26, 34, 35, and 36 (T 9 N and R 3 E) and sections 2 and 3 (T 8 N and R 2 E) of the Grays Bend and Davis, CA U.S. Geological Survey 7.5-minute topographic quadrangle maps.


Joint Intake Project

Under the Joint Intake Project, RD 2035 and WDCWA would replace RD 2035’s existing unscreened diversion and construct and jointly operate a new intake facility with fish screens. The applicant’s have submitted an application to permanently fill 1.34 acres of the Sacramento River and the adjacent RD 2035 Main Canal to construct the JIP. The JIP would allow RD 2035 to continue to divert water for agricultural irrigation in the future while reducing diversion impacts on fisheries. The fish screen would comply with California Department of Fish and Game (CDFG) and National Marine Fisheries Service (NMFS) fish screen design criteria. Construction components include a new intake, pumping station, joint use facilities with WDCWA, raising the roadway of County Road 117 to accommodate discharge pipelines and maintain 100-year flood plain elevations, and removal of the existing intake and caretaker’s structure. Based on the available information, the overall project purpose is to provide adequate water supplies from a facility that protects fish and provides a reliable water supply to the communities of Woodland and Davis.


The WDCWA proposes to construct and implement the DWWSP, which includes WDCWA’s share of the JIP, as well as construction of the WDCWA regional water system facilities, which include a raw water conveyance pipeline from the JIP to a new water treatment plant, and treated water conveyance pipelines from the treatment plant to the cities of Davis and Woodland. Conveyance pipelines will be placed, for most of the project alignment, in existing rights-of-ways (paved and gravel County roads). The applicants submitted an application to permanently fill approximately 3.8 acres of waters of the US and temporarily impact 36.31 acres of waters of the US(34.9 acres are agricultural wetlands under rice production). Based on the available information, the overall project purpose of the DWWSP is to provide a reliable water supply for existing and future needs within the WDCWA’s service area that improves drinking water quality while minimizing impacts on the environment.


Environmental Setting:

Joint Intake Project

There are approximately 2.65 acres of other waters of the U.S. including 0.91 acres of perennial riverine (Sacramento River) and 1.74 acres of lacustrine (RD 2035 main canal) within the JIP site. The JIP site is characterized by open water within perennial riverine and lacustrine features, valley oak riparian and woodland, and developed areas.


There are approximately 102.45 acres of wetlands and other waters including 5.75 acres of riverine, 37.99 acres of freshwater emergent wetland, and 58.71 acres of lacustrine features within the DWWSP area. The DWWSP is characterized by paved and unpaved roadways and agricultural fields.

Alternatives. The applicant has provided information concerning project alternatives and has submitted to the Corps a 404 (b)(1) Alternatives Analysis report. The Alternatives Analysis report and additional information concerning project alternatives are available from the applicants or their agent, ESA Associates. Other alternatives may develop during the review process for this permit application. All reasonable project alternatives, in particular 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 applicant has proposed to purchase mitigation credits as follows:


Joint Intake Project DWWSP
0.83 acre of riverine other waters 3.69 acres of freshwater emergent wetland
0.11 acre of palustrine forested wetland  0.51 acre of lacustrine other waters

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Central Valley Regional Water Quality Control Board is required for this project. The applicant is planning to apply for certification.

HISTORIC PROPERTIES: Based on the available information including the RD2035/WDCWA Joint Intake and DWWSP: Phase I Cultural Resources Study (2012), and the RD2035/WDCWA Joint Intake Project: Architectural Resources Inventory Report (2012), potentially eligible cultural resources may be affected by the proposed project. The Corps will initiate 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 Corps will initiate consultation with the U.S. Fish and Wildlife Service and/or 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 Corps will initiate 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. 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-2010-01141 must be submitted to the office listed below on or before July 12, 2012.

Marc Fugler, Senior Project Manager
US Army Corps of Engineers, Sacramento District

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 Marc Fugler, 916-557-5255,

Attachments: 4 drawings