CESPK-RD-S
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Sterling Meadows (Formerly South Pointe) project, which would result in impacts to approximately 1.08 acres of waters of the United States, including wetlands adjacent to an unnamed tributary to Stone Lake. This notice is to inform interested parties of the proposed activity and to solicit comments.
AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.
APPLICANT: The True Life Companies, Attn: Mr. Todd Chambers, 12647 Acosta Blvd, Suite 470, San Ramon, California 94583
AGENT: Gibson & Skordal, LLC, Attn: Ms. Ginger Fodge, 2617 K Street, Suite 175, Sacramento, California 95816
LOCATION: The approximately 200-acre site is located north of Kammerer Road, west of Highway 99, in Sections 12 and 13, Township 6 North, Range 5 East, Mount Diablo Meridian, Latitude 38.38105° North, Longitude 121.37840° West, Sacramento County, California, and can be seen on the Bruceville and Florin, California 7.5 Minute Topographic Quadrangles.
PROJECT DESCRIPTION: The applicant is proposing to place fill material into 1.08 acres of waters of the U.S., consisting of 0.99 acre of depressional seasonal wetlands and 0.09 acre of roadside ditch, for a residential development. The proposed residential development would result in the construction of 984 single-family residential units, 200 multi-family units, a fire station, 18.5 acres of parks, and 10.6 acres of landscaped corridors/paseos. The applicant has stated that the purpose of the proposed project is “to provide single-family and multi-family residential housing consistent with the City of Elk Grove General Plan, in order to meet existing and future demand for housing in the City.” The applicant believes there is a need for the proposed project. The attached drawings provide additional project details.
ADDITIONAL INFORMATION:
Environmental Setting: The majority of the proposed project site supports disturbed, non-native annual grasslands dominated by Mediterranean barley (Hordeum hystrix), Fitch’s spikeweed (Hemizonia fitchii), tarweed (Holocarpha virgata), yellow star-thistle (Centaurea solstitialis), hairy hawkbit (Leontodon leysseri), and wild oats (Avena fatua). Common grasses and forbs include perennial rye (Lolium perenne), prickly lettuce (Lactuca serriola), black mustard (Brassica nigra), and wild radish (Raphanus sativus). Most of the few trees/shrubs in the study area are located on the west edge of the parcel along the fence line. These consist of elderberry (Sambucus mexicana), interior live oak (Quercus wislizenii), valley oak (Quercus lobata), willow (Salix sp.) and cottonwood (Populus fremontii).
The proposed project site contains approximately 1.08 acres of waters of the U.S., including 0.99 acre of depressional seasonal wetlands and 0.09 acre of roadside ditch. The twelve depressional seasonal wetlands on the site range in size from 104 sq. ft. to 14,978 sq. ft. These features were classified as depressional seasonal wetlands rather than vernal pools because of their less diverse and non-native plant communities with upland-associated species. Dominant plant species in the wetlands included manna grass (Glyceria declinata) and knotweed (Polygonum aviculare). Associated species include perennial ryegrass (Lolium perenne), Fitch’s spikeweed (Hemizonia fitchii), slender popcorn flower (Plagiobothrys stipitatus), loosestrife (Lythrum hyssopifolia), and annual rabbit-foot grass (Polypogon monspeliensis). A detention basin was constructed at the western property boundary as part of the development of a regional shopping mall to the east. On October 7, 2013, the Corps determined that in accordance with 33 CFR 328.3(a)(8), the detention basin is a waste treatment system designed to meet the requirements of the Clean Water Act, and is therefore not a water of the U.S.
Alternatives: The applicant has not yet provided information concerning project alternatives. Additional information concerning project alternatives may be available from the applicant or their agent. Other alternatives may develop during the review process for this permit application. All reasonable project alternatives, in particular those which may be less damaging to the aquatic environment, will be considered.
Mitigation: The Corps requires that applicants consider and use all reasonable and practical measures to avoid and minimize impacts to aquatic resources. If the applicant is unable to avoid or minimize all impacts, the Corps may require compensatory mitigation. The applicant has not proposed to avoid any waters of the U.S. on the proposed project site. For compensatory mitigation, the applicant has proposed to purchase 1.08 vernal pool restoration/creation credits from a Corps-approved mitigation bank.
OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Central Valley Regional Water Quality Control Board is required for this project. The applicant has indicated they have applied for certification concurrent with the DA permit application.
HISTORIC PROPERTIES: Based on the available information, no cultural resources were identified within the project's area of potential effect. The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED SPECIES: The proposed activity may affect Federally-listed endangered or threatened species or their critical habitat. The Corps will initiate consultation with the U.S. Fish and Wildlife Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.
ESSENTIAL FISH HABITAT: The proposed project will not adversely affect Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act.
The above determinations are based on information provided by the applicant and our preliminary review.
EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic 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, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230).
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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-1999-00306 must be submitted to the office listed below on or before November 14, 2013.
Lisa Gibson, Project Manager
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922
Email: Lisa.M.Gibson2@usace.army.mil
The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. Anyone may request, in writing, that a public hearing be held to consider this application. Requests shall specifically state, with particularity, the reason(s) for holding a public hearing. If the Corps determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location. Please note that all comment letters received are subject to release to the public through the Freedom of Information Act. If you have questions or need additional information please contact the applicant or the Corps' project manager Lisa Gibson, 916-557-5288, Lisa.M.Gibson2@usace.army.mil.
Attachments: 2 drawings