TO WHOM IT MAY CONCERN: The San Francisco District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). The purpose of this public notice is to solicit comments from the public regarding the work described below:
APPLICANT: Mr. Trevor Goff California Department of Transportation District 11656 Union Street Eureka, California 95501
WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States associated with Chadbourne Gulch, The Pacific Ocean, and their tributaries. The project area is located at postmile markers (PMs) 75.0 and 76.5 along State Route 1, in 8 Section, 20 N Township, 17 W Range; at Latitude 39.6173423 and Longitude -123.7822804; near the community of Westport, Mendocino County, California (Figure 1).
EXISTING CONDITIONS: The project site is located within a 1-mile stretch of State Route 1 along the steep coastal cliffs of California, in west Mendocino County. The site contains approximately 3.64-acres of Pacific Ocean coastline and approximately 0.040-acre of other waters of United States. The site is undeveloped and dominated by coastal grass prairies and coastal shrubs. Severe winter storms have resulted in accelerated coastal erosion and roadway structure distress. Several landslide features have developed along the site, and an existing larger landslide complex has shown movement activity.
PROJECT PURPOSE:
Basic: To install additional soldier pile ground anchor walls (SPGA), construct a coastal rock revetment and drainage systems.
Overall: To construct a coastal rock revetment and install additional SPGA walls adjacent to highway 1 along the sloped embankment of Blues Beach. Crews would install drainage systems to mitigate and reduce the frequency and magnitude of degradation of State Route 1. Additionally, crews would construct a temporary staging area and access route from Chadbourne Gulch and Blues beach parking lot to the beach shoreline to provide access for construction crews to haul rock material from Highway 1 to the slope embankment along Blues beach.
PROPOSED WORK: The applicant requests authorization to place approximately 2.33-acres of permanent fill material and approximately 1.35-acres of temporary fill material into 3.68-acres of navigable waters and other waters of the U.S for the construction of a coastal rock revetment (Figures 2 through 4).
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
- A qualified monitor during all active construction activities directed.
- A qualified Tribal and Archaeological monitor will be onsite for all construction activities as directed.
- Installation of k-rail barrier to prevent access to environmentally sensitive areas.
- Installation of coconut straw mats over existing vegetation within the turnaround area to preserve seed bank and help restoration once fill material is removed.
- Implementation of Caltrans Standard Best Management Practices (BMP’s) and Storm Water Pollution Prevention Plan (SWPPP).
- Avoidance of impacts to Chadbourne Gulch and its riparian area to the maximum extent practicable and maintaining access of Chadbourne Gulch as a migratory stream for anadromous fish.
- After construction, the removal of all temporary impacts and restoration to pre-project contours/condition.
- Maintain public access to Blues Beach to the maximum extent practicable.
- Other measures may be incorporated throughout project construction as adaptive management strategies.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To mitigate for the permanent placement of 2.33-acres of rock material within waters of the U.S., the California Department of Transportation would work with state and federal resource agencies to develop a mitigation plan to restore approximately 4.3-acres of coastal bluffs within the Westport-Union Landing State Beach by removing 6,230-feet of decommissioned asphalt road, improving coastal trails, and revegetating the restore coastal bluff area.
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes and other interested parties.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur within the boundary of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project will not affect any listed species or critical habitat.
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The California Department of Transportation is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the California Department of Transportation.
This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
The California Department of Transportation intends to initiate Essential Fish Habitat (EFH) consultation separately from this public notice. A separate EFH consultation package will be sent to the National Marine Fisheries Service (NMFS). The Corps will not make a permit decision until the consultation process is complete.
Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification will be required from the North Coast Regional Water Quality Control Board.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has been verified by Corps personnel.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical 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, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: 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 determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
The San Francisco District will receive written comments on the proposed work, as outlined above, until May 22, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Michael Orellana at michael.s.orellana@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, San Francisco District, Attention: Michael Orellana, 450 Golden Gate Avenue, 4th floor, San Francisco, California 94102. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.