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:
EXISTING CONDITIONS: The project area includes diverse soils, hydrology, topography, and a wide range of aquatic resources. Elevations range from 1.2-feet below sea level to 86-feet above sea level. Tidal surface waters in the project area consist of tidal open water, brackish marsh, and tidal marsh. Non-tidal waters include intermittent streams, freshwater emergent marshes, forested wetlands, and seasonal wetlands. The surrounding land use includes business and professional offices, community facilities, conservation, general commercial, light industrial/offices, residential, open space, and parkland.
Operational conditions at the intersection have been deteriorating due to roadway flooding from stormwater overtopping occurring during winter rain and high-tide events, causing delays and highway closures, The proposed project address transportation resiliency to prevent future flooding and highway closures.
Basic: The basic project purpose is to replace the Navato Creek Bridge.
Overall: The overall project purpose is to reduce flooding from stormwater overtopping and to build resiliency to the effects of flooding along State Route 37 at the Novato Creek Bridge.
PROPOSED WORK: The proposed work would replace the existing Novato Creek Bridge with a new, longer and higher free-span bridge, that would avoid the installation of permanent fill within the creek channel. The replacement of the Novato Creek Bridge would require the installation of a temporary dewatering system in Novato Creek and would be installed for each of the two construction seasons. Following installation of the temporary dewatering system, new pipe bridge support piles would be installed. A temporary construction trestle would be installed, and the eastbound roadway would be temporarily widened during construction activities. New sheet pile retaining walls would be installed along State Route 37 leading up to the new bridge. Several maintenance roads would be extended to make them compatible with the new roadway elevation. Several aging and deteriorated culverts would be removed and replaced and realigned with roadside drainage. A barrier separated 14-foot bicycle and pedestrian pathway would be constructed across the bridge. Following completion of the construction activities, all temporary fills would be removed and areas restored to pre-construction conditions where possible (see project plans, Figure 2).
The project would temporarily impact 0.29 acre of non-tidal wetlands, 2.37 acres of tidal wetlands, and 0.2 acre of other waters and would permanently impact 0.86 acre of non-tidal wetlands and 0.01 acre of tidal wetland (see impact to waters of the U.S., Figure 3). The replacement of the Novato Creek bridge with a longer bridge would remove the existing embankment, widening Novato Creek outlet to the San Pablo by about 300 feet and restoring approximately 1.5 acres of tidal waters and estuarine habitat.
AVOIDANCE AND MINIMIZATION: Caltrans has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Caltrans would utilize standard avoidance and minimization measures (AMMs) for the proposed work authorized by the United States Army Corps of Engineers permit. These avoidance and minimization measures include the following:
- Seasonal Work Windows: June 1-October 31 in perennial and tidal waters, April 1-October 31 in non-perennial waters.
- Environmental Awareness training: environmental awareness training for all work personnel conducted by a biologist prior to any work.
- Protect Environmentally Sensitive Areas: limiting work in environmentally sensitive areas (ESA’s) and fencing ESA's outside of the work area.
- Suitable Material: construction material must be free from toxic pollutants in toxic amounts.
- Implement Stormwater Best Management Practices.
- Implement Project Site Best Management Practices.
- Vegetation Removal: vegetation clearance only where necessary.
- Restore Disturbed Area: restoration of disturbed areas to preconstruction condition.
- Control Invasive Weed: compliance with Executive Order 13112 to reduce the spread of invasive, non-native species.
- Work from Uplands: construction equipment to be operated from upland areas to the maximum extent practicable to reduce adverse effects to aquatic resources.
- Management of Water Flows: maintaining or restoring pre-construction water flows and condition to the maximum extent practicable.
- Removal of Temporary Fills: removal of temporary fills and restoration of area to pre-construction elevation and re-vegetation.
Additional, project-specific avoidance and minimization measures may be required as a result of the Section 7 consultations with the United States Fish and Wildlife Service and the National Marine Fisheries Service.
COMPENSATORY MITIGATION: A mitigation and monitoring plan (MMP) is in development and will include the restoration of all temporarily impacted areas and revegetation with native species. The MMP will also detail the creation and monitoring of new tidal waters and marsh habitat.
CULTURAL RESOURCES:
As the federal lead agency for this undertaking via a memorandum of agreement with the Federal Highway Administration (FHWA), Caltrans is responsible for determining the presence or absence of historic properties or archaeological resources and to conduct Section 106 consultation. Caltrans has initiated Section 106 consultation with the State Historic Preservation Officer. Caltrans will be providing the necessary documentation for compliance with 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.
ENDANGERED SPECIES: As the federal lead agency for this project via a memorandum of agreement with the Federal Highway Administration (FHWA), Caltrans would initially be responsible for determining the presence or absence of federally listed species and designated critical habitat and the need to conduct ESA section 7 consultation.
Caltrans has made a determination that the project may affect federally listed species and/or their designated critical habitat. Federally-listed species managed by the USFWS within the project area that may be affected by project include, the California red-legged frog (Rana draytonii), salt marsh harvest mouse (Reithrodontomys raviventris raviventris) (SMHM), the endangered California Ridgway’s rail (Rallus obsoletus obsoletus) (CRR), and the endangered San Francisco Bay-Delta distinct population segment of the longfin smelt (longfin smelt) (Spirinchus thaleichthys). Federally-listed species managed by National Marine Fisheries Service within the project area that may be affected by project include, the Central California Coast (CCC) steelhead (Oncorhynchus mykiss) Distinct Population Segment and its designated critical habitat, Southern green sturgeon (DPS), and their designated critical habitat, and the threatened North American Green Sturgeon (Acipenser medirostris). 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 a 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. As the federal lead agency for this project via a memorandum of agreement with the Federal Highway Administration (FHWA), Caltrans would initially be responsible for determining the presence or absence of EFH and the need to conduct consultation, pursuant to Section 305(5(b)(2) of the Act.
Caltrans has made a determination that EFH for Pacific Coast Groundfish, Coastal Pelagic, and Pacific Coast Salmon Fishery Management Plans (FMPs) is present within the proposed project area and that the critical elements of EFH may be adversely affected by project implementation. The project may affect EFH by resulting in temporary disturbances to the streambed, bank, and flow from project site dewatering and pile driving, temporary elevated turbidity levels from suspended sediment, and impacts to water quality, temporary loss of riparian vegetation, and permanent degradation of water quality from increased untreated stormwater runoff.
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 Caltrans concerning the EFH consultation process and compliance with EFH conservation recommendations. Any required EFH consultation for a project must be concluded prior to the issuance of a Department of the Army Permit verification for the project.
NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The proposed project will not require permission under Section 14 of the Rivers and Harbors Act of 1899 (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 may be required from the San Francisco Bay Regional Water Quality Control Board. No Department of the Army Permit authorization will be valid 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.
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 June 26, 2026. 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.