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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-2008-01708, Antioch, Contra Costa County, CA

Published Aug. 12, 2015
Expiration date: 8/27/2015

Sacramento District

Comments Period: August 12, 2015 – August 27, 2015

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the West Antioch Creek Desilting Project, which would result in impacts to approximately 7.45 acres of waters of the United States, including wetlands, in and adjacent to West 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 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 in waters of the United States.

APPLICANT: City of Antioch, Attn: Mr. Scott Buenting, P.O. Box 5007, Antioch, California 94531

LOCATION: The 72.4-acre site is located on West Antioch Creek, Section 18, Township 2 North, Range 2 East, Mount Diablo Meridian, Latitude 38.01605°, Longitude -121.82567°, Antioch, Contra Costa County, California, and can be seen on the CA-ANTIOCH NORTH USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to improve the flood water conveyance capacity of West Antioch Creek. The project area has been divided into two stream reaches Reach A and Reach B. Reach B has been further subdivided into four Sub-Reaches (Figures 1 through 4). In Reach A the project would entail the removal and replacement of the existing undersized culverts under West 10th Street with four precise concrete box culverts. The 400 foot concrete lined channel downstream of the culverts would be replaced with approximately 640 linear feet of realigned earthen channel. In Reach B downstream of the channel realignment the project proposes to remove accumulated sediment in approximately 2,860 linear feet of channel. Approximately 26,500 cubic yards of material would be removed. Construction activity would remove accumulated sediment within the sub-reaches by Mudcats and excavators. The channel may require dewatering prior to sediment removal. The project would impact approximately 7.45 acre of West Antioch Creek. Reach A activities would affect 0.23 acre of concrete lined channel a 0.019 acre in-stream wetland. The majority of the impacts result in the de-silting activities in Reach B. These areas would be excavated to allow for increased conveyance of flood flows. The applicant has proposed a five-year phased approach for the de-silting activities in Reach B. Approximately 5.524 acres of Reach B would be de-silted between the years 2016 and 2020. The approximately material removed from the creek would be disposed of at a yet to be determined upland location.

The applicant believes there is a need to reduce flood risk in the urban areas adjacent to West Antioch Creek. The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

    Environmental Setting: There are approximately 1.637 acres of tidally influenced stream, 0.065 acre of riparian wetlands, and 8.383 acres of permanent and seasonal wetlands within the project area. The site is characterized by tidally influenced stream, in-stream wetlands and adjacent wetlands.

    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 stated the project would increase the amount of waters through removal of the concrete lined reach of creek and widening of the channel. The applicant has stated the project would be “self mitigated.” 

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Regional Water Quality Control Board, Central Valley Region, is required for this project. The applicant has not 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 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, pursuant to Section 7 of the Endangered Species Act, as appropriate.

ESSENTIAL FISH HABITAT: The proposed project would not adversely affect Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act.

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-2008-01708 must be submitted to the office listed below on or before August 27, 2015.

William Guthrie, Project Manager
US Army Corps of Engineers, Sacramento District
California South Branch, 1325 J Street, Room 1350,
Sacramento, California 95814-2922
Email: William.H.Guthrie@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 William Guthrie, 916-557-5269, William.H.Guthrie@usace.army.mil.

Attachments: 8 drawings