PROJECT: Cemex Eliot Facility Maintenance, Lake A Arroyo Del Valle Bank Restoration
PUBLIC NOTICE NUMBER: SPN-2015-00216
PUBLIC NOTICE DATE: May 13, 2025
COMMENTS DUE DATE: June 12, 2025
PERMIT MANAGER: Sarah Firestone TELEPHONE: (415) 503-6776 E-MAIL: Sarah.M.Firestone@usace.army.mil
INTRODUCTION:
Cemex Construction Materials Pacific, LLC (POC: Christine Jones, 909-732-4569), 4120 E Jurupa St., Ontario, California 91761, through its agent, Compass Land Group (POC: Candice Longnecker, 408-640-6553), 4235 Forcum Avenue, Suite 100, McClellan, California 95652, has applied to the U.S. Army Corps of Engineers (USACE), San Francisco District, for a Department of the Army Permit to implement the Lake B Long-Term Bank Stabilization Project. The levee adjacent to the Arroyo Del Valle was damaged by a series of storms and flood events in December 2022 and January 2023. The Project proposes restoration of the damaged areas within the contours that existed before the damage occurred. The project site is located in Alameda County, California. 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.).
PROPOSED PROJECT:
Project Site Location: The Lake A Arroyo Del Valle Bank Restoration (Project) is located adjacent to the Cemex Eliot Quarry Lake A mine pit in the reach of the Arroyo Del Valle stream (ADV) downstream of the Vallecitos Road Bridge. The Eliot Quarry is located at 1544 Stanley Boulevard between the cities of Livermore and Pleasanton, in an unincorporated portion of Alameda County. The Project site is situated within Section 24 of Township 3 South, Range 1 East on the Alameda, California 7.5-minute USGS quadrangle, and is centered at 37.6410 North Latitude and -121.7954 West Longitude.
Project Site Description: The ADV is a perennial creek that receives water from Lake Del Valle upstream and discharges into Arroyo de la Laguna downstream. In the vicinity of the project areas, it flows between gravel mining operations and former gravel mining pits, such as Lake A. In 2022/2023, severe storm events and significant flow releases from the Del Valle Dam resulted in very high flows through the project areas, causing the ADV to breach the levee between it and the southeast corner of Lake A, creating a new channel into Lake A and dewatering the creek channel downstream of the breach. The initial breach led to a secondary breach at the southwest corner of Lake A back into the original ADV channel. The ADV now flows through Lake A, around its original channel. Lake A has a significantly lower bottom elevation than the ADV, which caused the ADV to form a headcut at the upstream breach. This headcut continued to migrate upstream until it threatened to undermine the Vallecitos Road Bridge. The headcut migration was stopped by the installation of a temporary grade control structure in 2023.
Project Description: As shown in the attached drawings, the applicant proposes to restore the levee between Lake A and the ADV. The proposed project would:
- Install two appropriately sized temporary flow bypass systems to create a dry work zone at the East Repair Area and at the West Repair Area simultaneously;
- Remove the interim grade control structure installed in December 2023 and salvage the fill and riprap;
- Construct a two-step incline structure in the ADV to transition from the headcut to the original bed elevation downstream of the eastern (upstream) breach;
- Fill in and grade the breach channels to conform to the surrounding topography at the East Repair Area and West Repair Area;
- Reconstruct the 15-foot-wide access road at the East Repair Area and 20-foot-wide interior flood protection berm at the West Repair Area. At both the access road and flood protection berm, slope the surface towards the landside at a 3% grade for drainage and install a one-foot-high earthen berm along the northern edge to protect the adjacent slopes from surface erosion;
- Install a catch basin and outflow pad for surface flows;
- Reconstruct the ADV channel slopes at a 3:1 ratio and landside slopes (including the Lake A shoreline) at a 2:1;
- Concurrently, backfill the scour/headcut area downstream of the incline structure. Grade a one-foot-deep low flow channel with 2:1 to 3:1 side slopes within the backfill area for drainage;
- At the East Repair Area, install a riprap revetment; and
- At the West Repair Area, install a riprap-lined overflow outlet to allow water to flow back into ADV when Lake A water levels are high to prevent flooding the localized area, as contemplated in the approved Eliot Quarry Reclamation Plan.
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 protect mining and road infrastructure.
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 protect adjacent infrastructure by repairing the breached levee
Project Impacts: Installation of the temporary flow bypass structure would involve the discharge of fill in 0.2 acre (500 linear feet) of the ADV. A temporary stockpile of ADV alluvium within the channel would involve the discharge of 1,600 cubic yards of temporary fill within 0.2 acre of the ADV. This 1,600 cubic yards of alluvium would be permanently discharged into its original location to cover the toe of the levee (0.2 acre of the ADV). Repair of the levee would involve the discharge of 929 cubic yards of riprap within 0.58 acre of the East Repair Area of the ADV and 652 cubic yards of riprap within 0.12 acre of the West Repair Area. The proposed project would also remove the temporary grade control structure and up to 131 native riparian shrubs and trees over 0.63 acre of the ADV to allow for construction and access.
Proposed Mitigation: The contours of the levee and channel bed would approximately match what existed at the site prior to the storms in 2022/2023. The bed upstream of the incline structure would initially be lower in elevation than the original bed of the ADV, but the incline structure is anticipated to cause sediment to accumulate in this area until the original bed elevation has been restored. Since there would be no loss of waters of the U.S. compared to the acreage that existed prior to the storms, no compensatory mitigation for loss of waters of the U.S. has been proposed.
To minimize the impact of removing 131 native shrubs and trees within 0.63 acre of riparian habitat, the applicant is proposing to establish woody riparian vegetation on 2.57 acres of riparian habitat within and adjacent to the project areas.
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 is hereby notified that, unless USACE is provided documentation indicating a complete application for water quality certification has been submitted to the RWQCB within 30 days of this Public Notice date, the District Engineer may consider th. 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, San Francisco Bay Region, 1515 Clay Street, Suite 1400, Oakland, California 94612, 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 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. The project does not occur in the coastal zone, and a preliminary review by USACE indicates the project is not likely to affect coastal zone resources. This presumption of effect, however, remains subject to a final determination by the San Francisco Bay Conservation and Development Commission.
Other Local Approvals: The applicant will be applying 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.
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 of 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, USACE has conducted a review of the California Natural Diversity Data Base, digital maps prepared by USFWS and NMFS depicting critical habitat, and other information provided by the applicant to determine the presence or absence of such species and critical habitat in the project area. Based on this review, USACE has made a preliminary determination that the following Federally-listed species are present at the project location or in its vicinity and may be affected by project implementation. Marginal migration habitat for California tiger salamander (Ambystoma californiense) and Central California Coast steelhead (Oncorhynchus mykiss) occurs within the project area; however, it is unlikely that these species would be impacted by the project. To address project related impacts to Federally-listed species, USACE will initiate informal consultation with USFWS and NMFS, pursuant to Section 7(a) of the Act. 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 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, USACE has conducted a review of digital maps prepared by NMFS depicting EFH to determine the presence or absence of EFH in the project area. Based on this review, USACE has made a preliminary determination that EFH is present at the project location or in its vicinity and that the critical elements of EFH may be adversely affected by project implementation. Temporarily dewatering, temporarily disturbing, and installing hardscape within suitable prey habitat upstream of suitable habitat for species managed under Pacific Coast Salmon FMP has the potential to impact downstream fisheries by reducing the availability of prey. To address project related impacts to EFH, USACE will initiate consultation with NMFS, pursuant to Section 305(5(b)(2) of the Act. 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 undertaking, USACE has conducted a review of the latest published version of the National Register of Historic Places, survey information on file with various city and county municipalities, and other information provided by the applicant to determine the presence or absence of historic and archaeological resources within the permit area. Based on this review, USACE has made a preliminary determination that historic or archaeological resources are not likely to be present in the permit area and that the project either has no potential to cause effects to these resources or has no effect to these resources. USACE will render a final determination on the need for consultation at the close of the comment period, taking into account any comments provided by the State Historic Preservation Officer, the Tribal Historic Preservation Officer, the Advisory Council on Historic Preservation, and Native American Nations or other tribal governments.
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 been informed to submit an analysis of project alternatives to be reviewed for compliance with the Guidelines.
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.
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.
SUBMITTING COMMENTS:
During the specified comment period, interested parties may submit written comments to:
Sarah Firestone
San Francisco District, Regulatory Division
450 Golden Gate Avenue, 4th Floor
San Francisco, California 94102-3404
Sarah.M.Firestone@usace.army.mil
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