Black Rascal Flood Control Protection Project (California Endangered Species Act Incidental Take Permit No. 2081-2021-096-04 (ITP)), Minor Amendment No. 1
9 Documents in Project
Summary
SCH Number
2017021015
Lead Agency
Merced County
Document Title
Black Rascal Flood Control Protection Project (California Endangered Species Act Incidental Take Permit No. 2081-2021-096-04 (ITP)), Minor Amendment No. 1
Document Type
NOD - Notice of Determination
Received
Posted
7/31/2026
Document Description
This proposed project involves the construction of a flood detention basin, realignment of 1700-foot section of Black Rascal Creek, a basin outlet structure, a 350-foot-long spillway constructed adjacent to the basin outlet, drainage facilities (culverts, headwalls, and end treatments at three locations within the Project), access road work, staging areas, and aquatic, riparian and upland habitat enhancements within the Project footprint. Following the completion of all Project activities, all remaining work areas will be graded and restored to as close to pre-project contours as feasible. All areas subject to ground disturbance will be revegetated with hydroseeding or hand seeding with a weed-free native seed mix unless otherwise required by the property landowner. Construction of the detention basin will take approximately 18 months to complete and will occur over a 2-year period during the dry season (April 1 through October 31). It is assumed that all work will be conducted during the day within a normal 8-hour shift between 7:00 a.m. and 6:00 p.m.
The Project will result in impacts to 1.794 acres of California tiger salamander (Ambystoma californiense, CTS) habitat and 40.69 acres of Swainson’s hawk (Buteo swainsoni) habitat, including temporary impacts to 1.6 acres of CTS upland habitat and 40.69 acres of Swainson’s hawk foraging habitat; the Project will permanently remove 0.194 acres of CTS breeding habitat. The Project is expected to result in incidental take of CTS and Swainson’s hawk, which are both designated as threatened species under the California Endangered Species Act. The ITP referenced above as issued by CDFW authorizes incidental take of species listed under CESA that may occur as a result of Project implementation.
Minor Amendment No. 1 extends the expiration date from January 31, 2027, to January 31, 2032. The Project is delayed pending the approval of the following permits associated with the Project: (1) U.S. Army Corps of Engineering (USACE) Section 404 permit No. SPK-2021-00278; (2) USACE Section 408 permit No. 19653; and (3) Central Valley Flood Protection Board Encroachment Permit No. 19643.
Contact Information
Name
Shaelyn Latronica
Agency Name
California Department of Fish and Wildlife
Job Title
Environmental Scientist
Contact Types
Responsible Agency
Phone
Name
Oscar Ortiz
Agency Name
Merced County
Job Title
Lead Agency Contact
Contact Types
Lead/Public Agency
Phone
Location
Cities
Merced
Counties
Merced
Regions
Southern California
Waterways
Black Rascal Creek, Bear Creek
Other Location Info
The Black Rascal Creek Flood Control Protection Project is located in Merced County within the Black Rascal Creek watershed, approximately 2 miles northeast of the City of Merced. The Project includes a portion of Black Rascal Creek approximately 1.3 miles upstream of its confluence with Bear Creek.
Notice of Determination
Approving Agency
California Department of Fish and Wildlife
Approving Agency Role
Responsible Agency
Approved On
County Clerk
Merced
Final Environmental Document Available at
Merced County, 345 West 7th Street, Merced, California 95341
Determinations
(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
Yes
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
Yes
Attachments
Notice of Determination
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