SPK-2015-00034, City of Lincoln, Placer County, California

Sacramento District

Comments Period: October 21, 2015 – November 23, 2015

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Lincoln Village 5 - Phase 1 project, which would result in permanent impacts to approximately 20.78 acres, of waters of the United States, including wetlands, in or adjacent to Auburn Ravine and Markham Ravine. 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: Richland Developers, Inc., Attn: Mr. Clifton Taylor, 3000 Lava Ridge Court, Suite 115, Roseville, California 95661,
Phone: 916-782-3335

AGENT: ECORP Consulting, Inc., Attn: Mr. Ben Watson, 2525 Warren Drive, Rocklin, California 95677, Phone: 916-782-9100

LOCATION: The approximately 980-acre site is located south of the Lincoln Bypass (Highway 65), west of Nelson Road, north of Moore Road, and west of South Dowd Road, in Sections 13, 23, and 24, Township 12 North, Range 6 East, and Sections 18, 19, and 30, Township 12 North, Range 6 East, Mount Diablo Meridian, Latitude 38.87764° North, Longitude 121.35720° West, in the City of Lincoln, Placer County, California, and can be seen on the Lincoln, Roseville, Sheridan, California USGS 7.5-minute Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to construct mixed-use development consisting of single and multi-family residential uses, commercial uses, an elementary school, one village park, and one regional/sports complex. In addition, the proposed project would involve the construction of on-site and off-site infrastructure. On-site infrastructure would consist of flood control systems, drainage improvements, major roadways, trunk sewers, water lines, and storage tanks. The proposed project would result in the discharge of fill material into approximately 20.78 acres of potential waters of the United States on-site, for both permanent and temporary impacts. In addition, the applicant proposes to avoid 73.69 acres of potential waters of the U.S. within two on-site open space areas totaling 123 acres along Auburn Ravine and Markham Ravine, which would be preserved in perpetuity utilizing conservation easements or other appropriate deed restrictions. The proposed on-site impacts and preservation are as follows:

Off-site infrastructure is needed to connect to proposed project to existing road and utility infrastructure, including sewer lines, a potable water line, reclamation water pump station, water tank, detention pond outfalls, road improvements, and transmission lines. The proposed off-site impacts, avoidance, and preservation are as follows:

ADDITIONAL INFORMATION:

    History: On January 23, 2015, the Corps issued a public notice for the discharge of dredged and/or fill material into 12.74 acres of waters of the U.S. for the proposed mixed-use development. This public notice was issued based on a wetland delineation submitted by the applicant, prior to verification of the wetland delineation by the Corps. On June 5, 2015, the Corps conducted a preliminary jurisdictional determination for the proposed project site, verifying that the proposed project site contains approximately 98.55 acres of potential waters of the U.S. on the proposed project site and off-site infrastructure area. The additional waters of the U.S. proposed to be filled under this revised public notice are primarily the result of the revised wetland delineation, although impacts to waters of the U.S. in the off-site infrastructure area have been reduced since the original public notice. The proposed on-site project design has not been substantially modified since the original public notice.

    Environmental Setting. The proposed project site is comprised primarily of rice fields and associated canals interspersed with fields dominated by non-native annual grassland. Markham Ravine runs along the northern edge of the site, supporting primarily emergent marsh vegetation, while Auburn Ravine cuts through the southeastern corner of the site, and supports broad adjacent riparian woodlands. Elevations on the site range from 100 feet to 110 feet above mean sea level. The most common vegetation community on the site consists of non-native annual grassland dominated by wild oats (Avena fatua), ripgut brome (Bromus diandrus), Italian ryegrass (Festuca perennis), medusahead grass (Elymus caput-medusae), and wild radish (Raphanus sativus). The south-eastern corner of the project site is a broad, poorly drained floodplain that is vegetated almost exclusively by creeping wild-rye grass (Elymus tricoides) with areas containing Italian ryegrass, mugwort (Artemisia douglasiana), goose grass (Gallum aparine), and cut-leaved geranium (Greanium dissectum). Many of the upland areas adjacent to Auburn Ravine and, to a lesser extent, Markham Ravine, support riparian woodland habitat. The canopy of the riparian woodland is dominated by valley oak (Quercas lobata) and Fremont cottonwood (Populus fremontii), with cigar tree (Catalpa bignonioides), and box-elder (Acer negundo) occurring intermittently. Common shrubs and vines in the understory include poison-oak (Toxicodendron diversilobum), Himalayan blackberry (Rubus armeniacus), and California wild grape (Vitis californica).

ECORP Consulting, Inc., the agent for the applicant, has conducted a wetland delineation for the proposed project site and off-site infrastructure area. On June 5, 2015, the Corps conducted a preliminary jurisdictional determination, verifying that there are 98.55 acres of potential waters of the U.S. in the survey area, consisting of 1.00 acre of vernal pools, 20.60 acres of seasonal wetlands, 6.87 acres of farmed seasonal wetlands, 3.46 acres of seasonal wetland swales, 6.81 acres of marsh, 31.86 acres of riparian wetlands, 0.18 acre of intermittent drainage, 18.95 acres of creek, 2.93 acres of irrigation canal, 4.56 acres of irrigation ditch, and 1.33 acres of roadside ditch. Since the preliminary jurisdictional determination was issued, the boundaries of the for the on-site and off-site infrastructure area have been refined, and the on-site and off-site infrastructure areas contain 94.89 acres of waters of the U.S., consisting of 0.99 acre of vernal pools, 19.63 acres of seasonal wetlands, 6.87 acres of farmed seasonal wetland, 3.36 acres of seasonal wetland swales, 6.81 acres of marsh, 30.28 acres of riparian wetland, 0.17 acre of intermittent drainage, 18.62 acres of creek, 2.87 acres of irrigation canal, 4.48 acres of irrigation ditch, and 0.81 acres of roadside ditch.

    Alternatives. The applicant has not 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 proposed to avoid impacts to approximately 73.69 acres of waters of the U.S. on-site, which would be preserved in perpetuity within two preserve areas totaling 123 acres. In addition, the applicant has proposed to avoid 0.43 acres of waters of the U.S. within the off-site infrastructure area. In order to compensate for impacts to waters of the U.S., the applicant is proposing to purchase in-kind creation credits at a Corps approved mitigation bank within the same watershed as the proposed project.

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 not indicated they have applied for certification.

HISTORIC PROPERTIES: It is not known whether there are cultural resources 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 and/or the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.

ESSENTIAL FISH HABITAT: The proposed project may adversely affect Essential Fish Habitat. The Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.

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-2015-00034 must be submitted to the office listed below on or before November 23, 2015.

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' Regulatory Permit Specialist, Lisa Gibson, 916-557-5288, Lisa.M.Gibson2@usace.army.mil.

Attachments: 5 drawings