Public Notices

A public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.  

Public Notices published by the Los Angeles District are posted on these three pages. There are two types of Public Notices; Regulatory and Project Public Notices. Comments are due by the expiration date of the public notice. 

Only comments submitted by email or in hard copy format through a delivery service, such as the U.S. Postal Service, can be accepted.   Comments must be submitted to the address listed in the public notice.

Public Notice Manager

408-SPL-2024-0026

USACE-SPL-OPM
Published July 9, 2024
Expiration date: 10/9/2024

PUBLIC NOTICE


Indian Bend Wash – Vista Del Camino Park Irrigation Rehabilitation.

U.S. ARMY CORPS OF ENGINEERS

BUILDING STRONG®

LOS ANGELES DISTRICT

 

Public Notice No.: 408-SPL-PN-2024-0026

Permit No.: 408-SPL-2024-0026

Comment Period:  2024-07-09 to 2024-08-08


Requester: In compliance with Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”), the City of Scottsdale has requested permission from the U.S. Army Corps of Engineers (USACE) to alter Indian Bend Wash (USACE project), in Maricopa County, Arizona.

Location: The proposed action or proposed alteration (Section 408 Activity) would be located in Vista Del Camino Park, and is bordered to the north by East McDowell Road, to the west by North Miller Road, to the east by North 77th Street, and to the south by East Roosevelt Street in Maricopa County, Arizona.

Requester’s Proposed Action: The proposed action involves renovations to the low-flow channel, lakes, and landscaping for the purpose of repair and maintenance of the Vista Del Camino Park and its irrigation system.

Details of the proposed action are as follows: Relocate the existing lake edge with a new hard edge, install a new lake liner and new aeration and circulation systems. Park renovations would also include constructing new multi-use pathways and restoring existing landscape features such as trees, shrubs, and turf as impacted by improvements.  The purpose of the project is to renovate Vista Del Camino Park to continue providing recreational facilities, while reducing water consumption.

Authority: The authority to grant permission for temporary or permanent use, occupation or alteration of any USACE Civil Works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary of Army’s authority under Section 408 has been delegated to the USACE, the Chief of Engineers. The Chief of Engineers has further delegated the authority to the USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity.

Limits of Section 408 Authority:  A requester has the responsibility to acquire all other permissions or authorizations required by federal, state, and local laws or regulations, including any required permits from the USACE Regulatory Program under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), Section 404 of the Clean Water Act (33 USC Section 1344), and/or Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 USC 1413). The compliance determination for any Section 10/404/103 permit decision associated with the proposed alteration will also address the Section 408 compliance determination. In addition, an approval under Section 408 does not grant any property rights or exclusive privileges nor does it authorize any injury to the property or rights of others.

Environmental Compliance: A decision on a Section 408 request is a federal action, and therefore, subject to the National Environmental Policy Act (NEPA) and other environmental compliance requirements. While USACE is responsible for ensuring environmental compliance, the requester is responsible for providing all information that the Los Angeles District identifies as necessary to satisfy all applicable federal laws, executive orders, regulations, policies, and procedures. NEPA and other analysis completed to comply with other environmental statutes (e.g., Endangered Species Act) should be commensurate with the scale and potential effects of the activity that would alter the USACE project. The Los Angeles District will work with the requester to determine the requirements, which will be scaled to the likely impacts of the proposed alteration and should convey the relevant considerations and impacts in a concise and effective manner. Comments received on this public notice will be used in the evaluation.

Consideration of Comments: The Corps is soliciting comments from the public, Federal, State and local agencies and officials, and other interested parties. Comments will be made part of the record, and they will be considered before permission is granted to proceed with this action.  Please limit comments to the area of the alteration and those adjacent areas that would be directly or indirectly affected by the alteration described in this public notice.

Submission of Comments:  Interested parties may submit, in writing, any comments concerning this proposal. Comments should reference public notice no. 408-SPL-PN-2024-0026 and be forwarded by the comment due date of August 8, 2024. Comments must be sent to the U.S. Army Corps of Engineers, Los Angeles District, Operations Division, ATTN: Section 408 Permissions, 915 Wilshire Boulevard, Suite 1109, Los Angeles, California 90017-3409. Alternatively, comments can be sent electronically to spl.408permits@usace.army.mil.


DEPARTMENT OF THE ARMY

LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS

Los Angeles District, Corps of Engineers

915 Wilshire Boulevard, Suite 1109

Los Angeles, California 90017-3409

WWW.SPL.USACE.ARMY.MIL/MISSIONS/SECTION-408-PERMITS