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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-2005-01115, Antioch, Contra Costa County, California

Published Jan. 23, 2014
Expiration date: 2/6/2014


SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the County Crossings Data Center project, which would result in impacts to approximately 0.75 acres of waters of the United States, including wetlands, in and to adjacent to an unnamed tributary to East Antioch Creek. This notice is to inform interested parties of the proposed activity and to solicit comments.

AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

    Brosamer & Wall LLC, Inc.
    1777 Oakland Blvd
    Walnut Creek, California 94596

LOCATION: The 20-acre site is located on an unnamed tributary to East Antioch Creek, in Section 28, Township 2 North, Range 2 East, Mount Diablo Meridian, Latitude 37.99614°, Longitude -121.76925°, Antioch, Contra Costa County, California, and can be seen on the CA-ANTIOCH SOUTH USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to extend a 60-inch storm water drain pipe within an unnamed tributary to East Antioch Creek a tributary to the San Joaquin River in Contra Costa County, California. Extension of the storm drain pipe would result in placement of 288± cubic yards of fill below the ordinary high water (OHW) mark impacting 653 linear feet of streambed totaling approximately 0.75-acre of waters of the United States. The pipe extension is required to create an approximate 20 acre building pad for construction of an approximate 60,000 square foot data center. Based on the available information, the overall project purpose is to construct a data center. The applicant believes there is a need to construct a data center in East Contra Costa County. The attached drawings provide additional project details.


    Environmental Setting: There are approximately 0.75 acres of intermittent stream and associated wetlands within the project area. The site characterized by two small hills bisected by an unnamed tributary to East Antioch Creek. This tributary contains a freshwater marsh component which is dominated by narrow-leaved cattail (Typha angustifolia).

    Alternatives: The applicant has not 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, 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 mitigate by restoring and widening 1,306 linear feet (1.6 acres) of East Antioch Creek. This would result in a compensatory mitigation ratio of approximately 2:1. The mitigation area would include a 50-feet wide upland buffer on both sides of the Creek.

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 has indicated they have applied for certification.

HISTORIC PROPERTIES: 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 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 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-2005-01115 must be submitted to the office listed below on or before February 6, 2014.

William Guthrie, 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 William Guthrie, 916-557-5269,

Attachments: 2 drawings