Tribal Wars Offline
Arridano Tillo
Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.
Email comments are preferred. To submit comments in writing, send them to the attention of the Project Manager listed in the Public Notice title block. All comments should reference the PN file number and be submitted by the Response Required Date on the PN.
If you would like to be added to one or more of the public notice mailing lists, send an email to cespn-...@usace.army.mil with your contact information (Name, Organization, Mailing Address, Email, Phone Number) and the notification list(s) you would like to be added to:
If you are on our mailing list and your contact information changes, please notify cespn-...@usace.army.mil with your new addresses. E-mails returned due to a non-functioning address will be removed from notification lists.
1. INTRODUCTION: Valley Water (POC: Christopher Hakes (408) 630-3796), 5750 Almaden Expressway, San Jose, CA 95118-3686, has applied to the U.S. Army Corps of Engineers (USACE), San Francisco District, for a Department of the Army Permit to discharge fill into jurisdictional waters of the United State associated with the construction of infrastructure for public safety and environmental protection elements needed in order to meet the Federal Energy Regulatory Commissions (FERC) Order issued on February 20, 2020. In response to the order issued by FERC Valley Water has developed the FERC Order Compliance Plan (FOCP) to address the issues related to safety at the Anderson Dam. The Interim risk reduction Measures (IRRMs) developed within the FOCP includes the Anderson Dam dewatering to a water surface elevation of 488 feet beginning by October 1, 2020, the Anderson Dam Tunnel, Reservoir Bank and Rim Stability Improvements, Cross Valley Pipeline Extension, the Coyote Percolation Dam Replacement, and the implementation of the Coyote Creek flood management measures, all located in the City of Morgan Hill and San Jose, within Santa Clara County, California. The Corps has reviewed the application and determined that the dewatering of the reservoir is not a regulated activity and the Coyote Creek flood management measures will not take place within jurisdictional areas. 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.).
Project Site Location: The proposed project is located within the Coyote Creek watershed and includes the Anderson Dam Reservoir in the City of Morgan Hill and additional infrastructure in the City of San Jose, Santa Clara County, California. The project consists of four broad components within and downstream of the Anderson Reservoir. The Anderson Dam tunnel goes through the Anderson Dam and extends downstream approximately 2,500 feet after existing the dam to a confluence with the historical channel of Coyote Creek (center coordinates, latitude 37.165514 N and longitude -121.628919 W). The Reservoir Bank and Rim Stability Improvements would occur at various locations within the Anderson Reservoir where potential instabilities will be monitored and buttressed if needed during the dewatering of the reservoir (center coordinates, latitude 37.155903 N and longitude -121.596597 W). The Cross Valley Pipeline Extension has an outfall located approximately 900 feet northeast of the intersection of Monterey Road and Kalana Avenue (center coordinates, latitude 37.176479 N and longitude -121.703269 W). The Coyote Percolation Dam Replacement is located along the eastern side of the Coyote Creek Trail adjacent to Metcalf Park within the City of San Jose (center coordinates, latitude 37.176479 N and longitude -121.703269 W).
Project Description: As shown in the link to the project description ( -dam-project), the applicant proposes to construct the new Anderson Dam Tunnel (ADT) which will consist of a new reservoir inlet and 8-foot diameter reservoir lake tap, a new diversion, outlet structure, discharge channel, constructing weirs to control flow between the south and north channels, installing RSP for bank protection, and reopening the original Coyote Creek northern channel downstream of the existing dam. The historic channel had been filled in following the construction of the dam in the 1950s. The construction of the northern channel will create an additional 1.2 acres of other waters of the U.S.
Valley Water has developed Avoidance and Minimization Measures to address secondary impacts associated with the construction of the ADT and the long-term dewatering of the reservoir. The initial dewatering and keeping the reservoir drained for a prolonged period of time may reactivate areas of inactive landslides along the reservoir. In response Valley water has developed a monitoring plan and various measures to mitigate potential landslides such as filling of cracks, concrete slabs, and buttressing the toes of slides. The construction of the Cross Valley Pipeline Extension, in conjunction with the installation of chillers at the upstream end of the Cold Water Management Zone (CWMZ) would augment flows while the reservoir is offline, providing recharge in critical percolation zones and maintaining cool water for federally listed steelhead downstream of the dam. The pipeline extension would allow the flexibility to release imported water for recharge purposes in the lower reaches of the CWMZ, while making smaller releases of chilled imported water that can be blended with native water, at the upstream end of the CWMZ in order to provide suitable habitat for steelhead while Anderson Reservoir is offline. Finally, the Coyote Percolation Dam Replacement would be constructed to safely pass the higher flows anticipated to occur once the the ADT is operational. The existing outlet is capable of discharging 500 cfs and with the construction of the new ADT the combined discharge during a draw down would be 2,500 cfs. The existing dam at the Coyote Percolation Pond is only capable of handling flows up to 800 cfs. A new rubber bladder dam would be installed that would be capable of being rapidly lowered (deflated) in advance of high flow events. A bladder dam can be operated (deflated/inflated), without entering Coyote Creek, faster and safer than manually removing the existing flashboards of the dam, which currently requires operating an excavator in Coyote Creek to remove or reinstall the flashboards.
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 minimize risks to public safety for individuals living downstream of the Anderson Reservoir while maintaining one of Valley Waters primary water supplies for domestic use and groundwater recharge within the project area.
Project Impacts: The project would permanently impact 0.11 acre of jurisdictional seasonal wetlands and 24.18 acres of other waters of the U.S. The project would temporarily impact up to 39.46 acres of jurisdictional other waters of the U.S. There would be no permanent loss of jurisdictional wetlands and other waters as a result of the project. However, there would be a gain of 1.2 acre of other waters of the U.S. as a result of the project.
Proposed Mitigation: Valley Water is proposing the following mitigation for other required state and federal authorizations. Impacts to riparian zones would be mitigated through restoration of existing riparian zone habitat within the project area, by developing and implementing a plan to save large woody debris for future instream projects, implementation of a bank rehabilitation project at the CVP extension outfall, and developing and implementing a plan in coordination with Santa Clara County using Coyote Creek Native Ecosystem Enhancement Tool (CCNEET) to target invasive plant removal, or other appropriate actions within or adjacent to the Cold Water Management Zone. Valley Water would also provide the following: 1) Contributing $1,000,000.00 plus approximately $500,000.00 in supportive engineering towards work to alleviate the fish migration barrier at Singleton Road; 2) reopening the Coyote Creek northern channel to pass to FOCP releases; 3) implementing additional fish rescue and relocation in Coyote Creek; 4) use of the chillers to manage temperature of imported water in the upstream end of CWMZ; 5) implement fish ladder improvements at the Coyote Percolation Dam for low flow passage; 6) Development and implementation of a wetland and riparian habitat dry back plan; 7) Development and implementation of Phytophthora management plan; 8) payment of fees to the Santa Clara Valley Habitat Conservation Plan; and 9) acquire or elevate residential homes within the flood plain downstream of the dam.
Project Alternatives: USACE has not endorsed the submitted alternatives analysis at this time. USACE will conduct an independent review of the project alternatives prior to reaching a final permit decision.
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, the FERC determined that the project had the potential to adversely affect EFH downstream of the dam for species managed under the Pacific Coast Salmon Fishery Management Plan and requested consultation with NMFS. 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 the applicant concerning the consultation process. Any required consultation must be concluded prior to the issuance of a Department of the Army Permit for the project.
c80f0f1006