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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-2015-00572, Yuba County, CA

Published Aug. 12, 2015
Expiration date: 9/11/2015

Sacramento District

Comments Period: August 12, 2015 – September 11, 2015

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to implement the Western Pacific Interceptor Canal (WPIC) 200-Year Standard project, which would result in impacts to approximately 1.35 acres of waters of the United States, including wetlands, adjacent to the Bear River. 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.

APPLICANT: Three Rivers Levee Improvement Authority, Attn: Mr. Paul Brunner, 1114 Yuba Street, Suite 218, Marysville, California 95901-5273

LOCATION: The approximately 100-acre and 5.9-mile long project site is located along the Western Pacific Interceptor Canal, from its intersection with the Bear River North Levee to its terminus on the east side of State Route 70, Latitude 39.0166725°, Longitude -121.538953°, Yuba County, California, and can be seen on the CA-NICOLAUS USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to bring the WPIC West Levee into compliance with the State of California’s Urban Levee Design Criteria for a 200-year flood protection level, by correcting existing seepage and slope stability deficiencies. Based on the available information, the overall project purpose is to bring the WPIC West Levee to a 200-year level of flood protection. To address the identified seepage and slope stability deficiencies in the WPIC West Levee, the applicant is proposing to construct cutoff walls, stability and drained berms, and to place fill on the landside of the levee to raise low areas. Additionally the applicant would construct a landside access road for future inspection and operations and maintenance activities. The attached drawings provide additional project details.


    Environmental Setting. According to the wetland delineation conducted by the applicant, there are approximately 1.5 acres of seasonal and willow scrub wetland habitats within the project area. The 100-acre site is characterized predominantly by non-native annual grassland, with oak woodland and scrub-shrub habitats also present. All-weather access roads run along the top of the WPIC West Levee and south of Algodon Road landward of the WPIC West Levee. A railroad embankment is also within the study area.

    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, 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 two credits of seasonal wetland or vernal pool habitat from a Corps-approved mitigation bank for each acre of wetland habitat impacted by the project.

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 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 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-2015-00572 must be submitted to the office listed below on or before September 11, 2015.

William Ness, Project Manager
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922

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 Ness, 916-557-5268,

Attachments: 14 drawings