Intent To Prepare a Draft Environmental Impact Statement (EIS) for a Permit Application for Upper Llagas Creek Flood Protection Project in Santa Clara County, California
The U.S. Army Corps of Engineers (Corps), San Francisco District, has received a permit application for a Department of the Army permit under Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act (33 U.S.C. 403) from the Santa Clara Valley Water Control District to construct flood conveyance features and to deepen and widen Upper Llagas Creek (Proposed Action). As part of the permit process, the Corps is evaluating the environmental effects associated with construction and implementation of these additional flood protection measures within the communities of Morgan Hill, San Martin, and Gilroy. The primary federal involvement associated with the Proposed Action is the discharge of fill material within federal jurisdictional areas and Waters of the United States and work within Navigable Waters of the United States. In addition, the Proposed Action could have potential significant effects on the human environment. Therefore, the Corps will prepare an EIS in compliance with the National Environmental Policy Act (NEPA) to render a final decision on the Santa Clara Valley Water District's permit application. The Corps' decision will be to either issue or deny a Department of the Army permit for the Proposed Action. The Draft EIS is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the Proposed Action and permit review.