TO WHOM IT MAY CONCERN: The San Francisco District of the U.S. Army Corps of Engineers (Corps) has received a Site Concept Plan and request to modify the In-Lieu Fee (ILF) Instrument for the San Francisco (SF) Bay ILF to include the Manzoni Property. This instrument modification is being processed pursuant to the provisions of the “Mitigation Rule of 2008” (33 C.F.R. Part 332), 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.). The purpose of this public notice is to solicit comments from the public regarding the proposal described below:
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Hudeman Slough. The project area is located near the southern terminus of Skaggs Island Road approximately 7.2 miles southeast of the City of Sonoma, Sonoma County, California (Latitude 38.211452°, Longitude -122.377544°; Sections 2, 11, & 12 of Township 4N, Range 5W).
EXISTING CONDITIONS: The 291.3-acre Manzoni Property (site) is currently used for agriculture (wine grapes), with some areas used for a trucking operation and equipment storage. It is privately owned and consists of diked agricultural lands that were historically tidal marsh. The site has subsided five to seven feet below the adjacent tidal waterways. Existing aquatic resources include 6.6 acres of ditches, a 0.02-acre pond, and 0.3 acres of seasonal wetlands.
PROJECT PURPOSE: Ducks Unlimited, Inc. (DU) has requested that the Manzoni Property be incorporated into the SF Bay ILF. Doing so would allow the restoration activities at the site to generate mitigation credits, which could be sold to other project proponents to mitigate for unavoidable impacts to waters of the U.S. within the Service Area of the SF Bay ILF. Additional details are provided in the Site Concept Plan, available online through the Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) website: https://ribits.ops.usace.army.mil/ords/f?p=107:378:16782011936798::::P378_PROGRAM_ID:2884
PROPOSED WORK: The sponsor proposes to restore tidal action to the Manzoni Property. This involves breaching existing levees, constructing new and improved levees to protect adjacent properties, and excavating oversized tidal channels. The goal is to re-establish approximately 230.1 acres of tidal habitat, consisting of 160.7 acres of subtidal, 58.1 acres of mudflat, and 11.3 acres of high marsh habitat.
AVOIDANCE AND MINIMIZATION: Avoidance and minimization measures would be developed through the ILF amendment and future permitting process.
COMPENSATORY MITIGATION: The project has been proposed to mitigate for unavoidable impacts to waters of the U.S. associated with future projects that would occur within the Service Area of the SF Bay ILF.
CULTURAL RESOURCES: The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
Should historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) be present within the Corps’ permit area, the incorporation of the Manzoni Property into the SF Bay ILF (the undertaking) is a type of activity that has no potential to cause an effect to an historic property.
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 request for modification to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed incorporation of the Manzoni Property into the SF Bay ILF would have no effect on listed species or their critical habitat.
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 Corps has determined the proposal would have no adverse effect on any Essential Fish Habitat (EFH). The incorporation of the Manzoni Property into the SF Bay ILF would not result in impacts to EFH. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.
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 does 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, does not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification is not required in order to modify the SF Bay ILF instrument.
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 not been verified by Corps personnel.
EVALUATION: The decision whether to issue a modification of the SF Bay ILF instrument 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 modification of the instrument may be granted unless it 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 September 5, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Bryan Matsumoto at bryan.t.matsumoto@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, San Francisco District, Attention: Bryan Matsumoto, U.S. Army, Corps of Engineers, San Francisco District, Regulatory Division, CESPN-RGN, 450 Golden Gate Ave., 4th Floor, San Francisco, CA 94102-3404.
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.