Regulatory Public Notices

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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. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

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SPN-2017-00399 Humboldt Bay Trail South – Eureka to Bracut

CESPN-R
Published Aug. 9, 2021
Expiration date: 8/24/2021

PROJECT: Humboldt Bay Trail South – Eureka to Bracut

PUBLIC NOTICE NUMBER:  2017-00399N
PUBLIC NOTICE DATE:  August 9, 2021
COMMENTS DUE DATE:  August 24, 2021
PERMIT MANAGER:  L. Kasey Sirkin  |  TELEPHONE:  707-443-0855  |  E-MAIL: l.k.sirkin@usace.army.mil


1.         INTRODUCTION:  The County of Humboldt (POC:  Hank Seeman, 707-268-2680), 1106 Second Street, Eureka, CA 95501 has applied to the U.S. Army Corps of Engineers (USACE), San Francisco District, for a Department of the Army Permit to construct a multi-use trail, including widening of the railroad prism, installation of a bridge and abutments, repair and maintenance of existing shoreline stabilization features, and construction of a cable barrier fence.  This Department of the Army permit application is being processed pursuant to the provisions of Section 404 of the Clean Water Act of 1972, as amended (33 U.S.C. § 1344 et seq.) and Section 10 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. § 403 et seq.).

2.         PROPOSED PROJECT:

Project Site Location:  The Bay Trail South Project is located along the located near the City of Eureka, Humboldt County, California, (Latitude 40.807315°, Longitude -124.14609) between Highway 101 and a railroad transportation corridor between Eureka Slough and Brainard Slough, for a total length of approximately 4.25 miles, with a portion proposed on the perimeter levee between the Brainard mill site property and Humboldt Bay.

Project Site Description:  The Project area and vicinity include Highway 101, railroad lines, and private property.  The Eureka-to-Arcata segment of the Humboldt Bay Trail is situated within the seven-mile linear transportation corridor connecting the two largest urban areas in Humboldt County.  The Eureka-to- Arcata corridor is largely surrounded by open space including Humboldt Bay to the west and agricultural land to the east. U.S.  Highway 101 is a principal arterial and provides one of three routes around northern Humboldt Bay.  Within the project area, Highway 101 is a four-lane expressway with two travel lanes in each direction (south-bound and north-bound) separated by a vegetated drainage ditch.  The roadway includes 11- to 12-foot wide travel lanes and ten-foot wide shoulders.

The railroad around Humboldt Bay is part of the Northwest Pacific Railroad line which has been owned and managed by NCRA since 1992.  The track embankment was constructed starting in 1900 along the margin of the bay.  Commercial railroad operations ceased in 1998 following severe storm damage on the line within the Eel River canyon.  In 2012, a common vision was established for utilizing a rail-with-trail framework to develop trails within the railroad corridor.

Project Description:  The applicant proposes to construct approximately 4.25 miles of Class I multi-use trail to provide non-motorized transportation and recreational access along the Eureka-Arcata Highway 101 transportation corridor and connect the City of Eureka’s Waterfront Trail with the southern terminus of the City of Arcata’s Humboldt Bay Trail North.  The trail would be paved to accommodate pedestrians, bicyclists, wheelchairs, strollers, and mobility devices.  The majority of the trail would be ten feet wide (two five-foot bi-directional lanes) with two-foot gravel shoulders.

For a total length of approximately three miles, the Project would be constructed by widening the railroad prism and constructing the trail parallel to, and offset from, the rails, similar to the southern portion of the City of Arcata’s Humboldt Bay Trail North project.  For the segments of railroad that have been damaged by flooding and erosion, the Project would repair and maintain the shoreline revetment, remove the rails, and raise the elevation of the rail prism to provide resiliency to flood hazards and sea level rise.  The Project includes cooperative use of NCRA’s 725-foot-long bridge over Eureka Slough, where flangeway fillers would be installed adjacent to the rails to allow passage by railroad and speeder cars while maintaining a flat trail surface.  Approximately one mile of trail is proposed to be located on the perimeter levee around the Brainard mill site, with two new bridges providing connectivity between the railroad and levee trail sections. Other major project elements include a new bridge over Brainard Slough and removal of the northern segment of mature Eucalyptus trees adjacent to Highway 101 and the railroad.  The trail will include drainage facilities and measures for erosion control.  The Project would install a cable barrier fence at specified locations between Highway 101 and the new trail and also at locations along the existing Humboldt Bay Trail North segment.  Fencing would be incorporated to separate the trail from private property.  The trail would include a center stripe delineating the opposite directions of travel and associated regulatory, warning, and directional signs.  Trail amenities would include viewing platforms, benches, and interpretive signs.

Basic Project Purpose: The basic project purpose comprises the fundamental, essential, or irreducible purpose of the project, and is used by USACE to determine whether the project is water dependent.  The basic project purpose is to provide a non-motorized transportation route.

Overall Project Purpose:  The overall project purpose serves as the basis for the Section 404(b)(1) alternatives analysis and is determined by further defining the basic project purpose in a manner that more specifically describes the applicant's goals for the project while allowing a reasonable range of alternatives to be analyzed.  The overall project purpose is to construct approximately 4.25 miles of Class I multi-use trail to provide non-motorized transportation and recreational access along the Eureka-Arcata Highway 101 transportation corridor and connect the City of Eureka’s Waterfront Trail with the southern terminus of the City of Arcata’s Humboldt Bay Trail North.

Project Impacts:  The proposed project would result in permanent impacts to approximately 5.72 acres of wetlands, temporary impacts to approximately 0.98 acres of wetlands, conversion of 0.01 acre of rocky intertidal rocky shore to estuarine intertidal unconsolidated bottom, and conversion of 0.14 acre of estuarine intertidal emergent wetland to estuarine intertidal unconsolidated bottom.  The temporary impacts of 0.98 acres reflect areas where wetlands would be re-established within the Project footprint through grading of the drainage ditch between the railroad and Highway 101.

Proposed Mitigation: The estimated permanent impacts of 5.72 acres would be mitigated off site through a cooperative agreement with Caltrans and has already been constructed. The mitigation site, collectively referred to as Humboldt  Bay Area Mitigation Project (HBAM) will provide mitigation for a number of transportation related projects occurring and planned to occur in the region.  The purpose of HBAM is to provide in kind mitigation for the 16.71 acres of permanent impacts and for temporal loss to 3-parameter wetlands. HBAM proposes to provide a total of 68.74 acres of mitigation for all permanent impacts to 3-parameter wetlands.  It is anticipated that the 68.74 acres of mitigation will be sufficient to provide compensatory mitigation for temporal loss from the already impacted wetlands for the City of Arcata’s North Bay Trails Project and the proposed Humboldt Bay Trail South.

Project Alternatives:  The applicant provided an alternatives analysis that examined 9 alternatives.  These alternatives included: developing the trail on the west side of the railroad corridor, developing the trail on the east side of Highway 101, realigning the entire railroad and highway corridors, fully occupying the railroad prism, cantilevering the structure on the Eureka Slough bridge, and alternative alignments of select sections of the trail where possible.   USACE has not endorsed the submitted alternatives analysis at this time. USACE will conduct an independent review of the project alternatives prior to reaching a final permit decision.

3.         STATE AND LOCAL APPROVALS:

Water Quality Certification:  State water quality certification or a waiver thereof is a prerequisite for the issuance of a Department of the Army Permit to conduct any activity which may result in a fill or pollutant discharge into waters of the United States, pursuant to Section 401 of the Clean Water Act of 1972, as amended (33 U.S.C. § 1341 et seq.).  The applicant has recently submitted an application to the California Regional Water Quality Control Board (RWQCB) to obtain water quality certification for the project.  No Department of the Army Permit will be issued until the applicant obtains the required certification or a waiver of certification.  A waiver can be explicit, or it may be presumed if the RWQCB fails or refuses to act on a complete application for water quality certification within 60 days of receipt, unless the District Engineer determines a shorter or longer period is a reasonable time for the RWQCB to act.

 

Water quality issues should be directed to the Executive Officer, California Regional Water Quality Control Board, North Coast Region, 5550 Skylane Boulevard, Suite A, Santa Rosa, California 95403, by the close of the comment period. 

Coastal Zone Management:  Section 307(c) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. § 1456(c) et seq.), requires a non-Federal applicant seeking a federal license or permit to conduct any activity occurring in or affecting the coastal zone to obtain a Consistency Certification that indicates the activity conforms with the state’s coastal zone management program.  Generally, no federal license or permit will be granted until the appropriate state agency has issued a Consistency Certification or has waived its right to do so.

Coastal zone management issues should be directed to the District Manager, California Coastal Commission, North Coast District Office, 710 E Street, Suite 200, Eureka, California 95501, by the close of the comment period. 

Other Local Approvals:  The applicant has applied for the following additional governmental authorizations for the project: A Lake and Streambed Alteration Agreement to be issued by the California Department of Fish and Wildlife.

4.         COMPLIANCE WITH VARIOUS FEDERAL LAWS:

National Environmental Policy Act (NEPA):  Upon review of the Department of the Army permit application and other supporting documentation, USACE has made a preliminary determination that the project neither qualifies for a Categorical Exclusion nor requires the preparation of an Environmental Impact Statement for the purposes of NEPA.  At the conclusion of the public comment period, USACE will assess the environmental impacts of the project in accordance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4347), the Council on Environmental Quality's regulations at 40 C.F.R. § 1500‑1508, and USACE regulations at 33 C.F.R. § 325.  The final NEPA analysis will normally address the direct, indirect, and cumulative impacts that result from regulated activities within the jurisdiction of USACE and other non-regulated activities USACE determines to be within its purview of Federal control and responsibility to justify an expanded scope of analysis for NEPA purposes. The final NEPA analysis will be incorporated in the decision documentation that provides the rationale for issuing or denying a Department of the Army Permit for the project.  The final NEPA analysis and supporting documentation will be on file with the San Francisco District, Regulatory Division. 

Endangered Species Act (ESA):  Section 7(a)(2) of the ESA or 1973, as amended (16 U.S.C. § 1531 et seq.), requires Federal agencies to consult with either the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS) to ensure actions authorized, funded, or undertaken by the agency are not likely to jeopardize the continued existence of any Federally-listed species or result in the adverse modification of designated critical habitat.  As the Federal lead agency for this project, Caltrans will be responsible for determining the presence or absence of Federally-listed species and designated critical habitat and the need to conduct consultation.  To complete the administrative record and the decision on whether to issue a Department of the Army Permit for the project, USACE will obtain all necessary supporting documentation from the applicant concerning the consultation process.  Any required consultation must be concluded prior to the issuance of a Department of the Army Permit for the project. 

Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA):  Section 305(b)(2) of the MSFCMA of 1966, as amended (16 U.S.C. § 1801 et seq.), requires Federal agencies to consult with the National Marine Fisheries Service (NMFS) on all proposed actions authorized, funded, or undertaken by the agency that may adversely affect essential fish habitat (EFH).  EFH is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.  EFH is designated only for those species managed under a Federal Fisheries Management Plan (FMP), such as the Pacific Groundfish FMP, the Coastal Pelagics FMP, or the Pacific Coast Salmon FMP.  As the Federal lead agency for this project, Caltrans will be responsible for determining the presence or absence of EFH and the need to conduct consultation.  To complete the administrative record and the decision on whether to issue a Department of the Army Permit for the project, USACE will obtain all necessary supporting documentation from the applicant concerning the consultation process.  Any required consultation must be concluded prior to the issuance of a Department of the Army Permit for the project.

Marine Protection, Research, and Sanctuaries Act (MPRSA):  Section 302 of the MPRSA of 1972, as amended (16 U.S.C. § 1432 et seq.), authorizes the Secretary of Commerce, in part, to designate areas of ocean waters, such as the Cordell Bank, Gulf of the Farallones, and Monterey Bay, as National Marine Sanctuaries for the purpose of preserving or restoring such areas for their conservation, recreational, ecological, or aesthetic values. After such designation, activities in sanctuary waters authorized under other authorities are valid only if the Secretary of Commerce certifies that the activities are consistent with Title III of the Act.  No Department of the Army Permit will be issued until the applicant obtains any required certification or permit.  The project does not occur in sanctuary waters, and a preliminary review by USACE indicates the project is not likely to affect sanctuary resources.  This presumption of effect, however, remains subject to a final determination by the Secretary of Commerce or his designee.

National Historic Preservation Act (NHPA):  Section 106 of the NHPA of 1966, as amended (16 U.S.C. § 470 et seq.), requires Federal agencies to consult with the appropriate State Historic Preservation Officer to take into account the effects of their undertakings on historic properties listed in or eligible for listing in the National Register of Historic Places.  Section 106 of the Act further requires Federal agencies to consult with the appropriate Tribal Historic Preservation Officer or any Indian tribe to take into account the effects of their undertakings on historic properties, including traditional cultural properties, trust resources, and sacred sites, to which Indian tribes attach historic, religious, and cultural significance.  As the Federal lead agency for this project, Caltrans will be responsible for determining the presence or absence of historic properties or archaeological resources and the need to conduct consultation.  To complete the administrative record and the decision on whether to issue a Department of the Army Permit for the project, USACE will obtain all necessary supporting documentation from the applicant concerning the consultation process.  Any required consultation must be concluded prior to the issuance of a Department of the Army Permit for the project.  If unrecorded archaeological resources are discovered during project implementation, those operations affecting such resources will be temporarily suspended until USACE concludes Section 106 consultation with the State Historic Preservation Officer or the Tribal Historic Preservation Officer to take into account any project related impacts to those resources.

5.         COMPLIANCE WITH THE SECTION 404(b)(1) GUIDELINES: Projects resulting in discharges of dredged or fill material into waters of the United States must comply with the Guidelines promulgated by the Administrator of the Environmental Protection Agency under Section 404(b) of the Clean Water Act (33 U.S.C. § 1344(b)).  An evaluation pursuant to the Guidelines indicates the project is not dependent on location in or proximity to waters of the United States to achieve the basic project purpose.  This conclusion raises the (rebuttable) presumption of the availability of a less environmentally damaging practicable alternative to the project that does not require the discharge of dredged or fill material into special aquatic sites.  The applicant has submitted an analysis of project alternatives which is being reviewed by USACE.

6.         PUBLIC INTEREST EVALUTION:  The decision on whether to issue a Department of the Army Permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the project and its intended use on the public interest. Evaluation of the probable impacts requires a careful weighing of the public interest factors relevant in each particular case.  The benefits that may accrue from the project must be balanced against any reasonably foreseeable detriments of project implementation.  The decision on permit issuance will, therefore, reflect the national concern for both protection and utilization of important resources.  Public interest factors which may be relevant to the decision process include conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.

7.         CONSIDERATION OF COMMENTS:  USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Native American Nations or other tribal governments; and other interested parties in order to consider and evaluate the impacts of the project.  All comments received by USACE will be considered in the decision on whether to issue, modify, condition, or deny a Department of the Army Permit for the project.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, and other environmental or public interest factors addressed in a final environmental assessment or environmental impact statement.  Comments are also used to determine the need for a public hearing and to determine the overall public interest in the project.

8.         SUBMITTING COMMENTS:  During the specified comment period, interested parties may submit written comments to L. Kasey Sirkin, San Francisco District, Regulatory Division, Eureka Field Office, 601 Startare Drive, Box 14, Eureka, California 95501; comment letters should cite the project name, applicant name, and public notice number to facilitate review by the Regulatory Permit Manager.  Comments may include a request for a public hearing on the project prior to a determination on the Department of the Army permit application; such requests shall state, with particularity, the reasons for holding a public hearing.  All substantive comments will be forwarded to the applicant for resolution or rebuttal.  Additional project information or details on any subsequent project modifications of a minor nature may be obtained from the applicant and/or agent or by contacting the Regulatory Permit Manager by telephone or e-mail (cited in the public notice letterhead).  An electronic version of this public notice may be viewed under the Public Notices tab on the USACE website: https://www.spn.usace.army.mil/Missions/Regulatory.


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Department of the Army
San Francisco District, Corps of Engineers
Regulatory Division
450 Golden Gate Ave., 4th Floor
San Francisco, California 94102-3404

Phone Number: (415) 503-6795
Fax Number: (415) 503-6693
cespn-regulatory-info@usace.army.mil