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Juan Mercado

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Juan Mercado, Reclamation District 341, has applied for a permit to place fill material in approximately 1.88 acres of waters of the United States to construct the Highway 160 Seepage repair project. This project is located in Section 28, Township 3 North, Range 2 East, in Sacramento County, California.

CESPK-RD SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Highway 160 Seepage Repair project, which would result in impacts to approximately 1.88 acres of waters of the United States, including wetlands, adjacent to the Sacramento River (Horseshoe Bend). 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: Juan Mercado, Reclamation District 341 (Sherman Island), 1416 9th Street, Room 425, Sacramento, California 95814 LOCATION: The 4.76-acre site is located along the south (landward) side of the levee adjacent to the Sacramento River (Horseshoe Bend), in Section 28, Township 3 North, Range 2 East, Mount Diablo Meridian, Latitude 38.08133°, Longitude -121.72007°, Sacramento County, California. PROJECT DESCRIPTION: The applicant is proposing to reduce flood risk along the northwestern side of Sherman Island, by addressing an existing seepage problem that could compromise stability along an approximately 5,400-ft section of levee. Seepage from the Sacramento River is evident on the “landside” levee toe between approximately stations 879+00 and 933+00, bordering Horseshoe Bend along the Sacramento River. Highway 160 runs along the crest of the levee. Based on the available information, the overall project purpose is to improve the stability of the levee segment to reduce safety risks to life and property. The applicant believes there is a need to address known flood protection deficiencies in the applicable levee segment. The attached drawings provide additional project information. The proposed project would address four noncontiguous segments of the levee (separated by between approximately 50 and 700 ft). All work would be conducted “landside” (i.e., no work would be done within the Sacramento River). Specifically, work would be conducted from the landside levee crest, downward to the base of the landside levee. Improvements to the levee would address seepage, and embankment instability. Seepage is currently being collected by the District’s main drain system and is returned via pumping to the Sacramento River. The applicant proposes to install a drainage system including drain rock, filter fabric and outfall pipes along the landside levee toe, to move standing water resulting from seepage away from the area and into Sherman Island’s master drain system. To stabilize the levee embankment, material would be added to the landside levee slope and compacted to achieve appropriate slope geometry and provide structural support. The proposed work would also involve installation of inclinometer and settlement plates for pre- and post-construction monitoring, and extension of existing siphon facilities. To complete the project, approximately 1,040 cubic yards (CY) of native site material would be excavated, approximately 7,330 CY of drain rock would be placed, and approximately 17,410 CY of soil would be utilized for the compacted embankment (total of 24,740 CY). During preconstruction, PG&E power poles located within the project footprint would be relocated to fifteen feet beyond the landward levee toe (in coordination with the power utility). The applicant anticipates project construction to occur between May and October of 2014 (pending completion of environmental review and permits), for a duration of approximately three months. ADDITIONAL INFORMATION: Environmental Setting. There are approximately 1.881 acres of wetlands and ditches (1.745 acres and 0.136 acre, respectively) within the project area (please see attached figures titled Tile 2 and Tile 4), pending verification of the project’s wetland delineation by the Corps. The site is characterized by a rural land use setting along the northern side of Sherman Island. Elevation ranges from +5 ft below mean sea level (MSL) to +10 ft above MSL within the project area. Highway 160 runs along the top of the levee, and agricultural lands are adjacent to the landward (south) side of the levee slope. 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 purchase credits from a mitigation bank to compensate for impacts to waters of the U.S. 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 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 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 will 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-2013-00538 must be submitted to the office listed below on or before September 25, 2013. Mary Pakenham-Walsh, Senior Project Manager US Army Corps of Engineers, Sacramento District 1325 J Street, Room 1350 Sacramento, California 95814-2922 Email: Mary.R.Pakenham-Walsh@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 Mary Pakenham-Walsh, 916-557-7718, Mary.R.Pakenham-Walsh@usace.army.mil. Attachments: 8 drawings

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