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SPK-2014-00026, SPK-2005-00781, SPK-2003-00183, Placer County, CA

Posted: 6/23/2016

Expiration date: 7/21/2016


Comments Period: June 21, 2016 – July 22, 2016 

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating three permit applications within the Sierra Vista Specific Plan Area (SVSP) to construct the Federico-Westpark (SPK-2014-00026), Federico-Mourier (SPK-2005-00781), and TM1 (Bagley, Computer Deductions, Wealth) (SPK-2003-00183), which would result in in impacts to approximately 7.90 acres of waters of the United States (WOUS), including wetlands, adjacent to Federico and Curry Creeks. Specifically, the proposed projects would result in impacts to 2.29 of waters of the U.S. on the Federico-Westpark site, 2.99 acres of waters of the U.S. on the Federico-Mourier site, and 2.62 acres of waters of the US for the TM1 site. The Federico-Westpark, Federico-Mourier and TM1 projects are part of the SVSP area, on which the Corps has prepared an Environmental Impact Statement (EIS) for compliance with the National Environmental Policy Act (NEPA). This notice is to inform interested parties of the proposed activities 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.

APPLICANTS:

(SPK-2014-00026) Federico-Westpark: 

Westpark Sierra Vista, LLC
 Attn: Mr. Jeff Jones
1420 Rocky Ridge Drive, Suite 265
Roseville, California 95661 

(SPK-2005-00781) Federico-Mourier:

Mourier Investments, LLC
 Attn: Mr. Steve Schnable
1430 Blue Oaks Blvd, Suite 190
Roseville, California 95747

(SPK-2003-00183) TM1:

Mourier Investments, LLC
 Attn: Mr. Steve Schnable
1430 Blue Oaks Blvd, Suite 190
Roseville, California 95747

LOCATION

Federico-Westpark (SPK-2014-00026): The proposed 231-acre Federico-Westpark site is located within the SVSP area, 1.0 miles north of Baseline Road and 1 mile west of Fiddyment Road, in Sections 26 & 27, Township 11 North, Range 5 East, MDB&M, in the City of Roseville, Placer County, California. 

Federico-Mourier (SPK-2005- 00781): The proposed 506-acre Federico-Mourier site is located within the SVSP, bounded on the east, west and south by undeveloped farmland and pasture, and on the north by the same as well as urban development, in Sections 26 & 53, Township 11 North, Range 5 East, MDB&M, in the City of Roseville, Placer County, California. 

TM1 SPK-2003-00183): The proposed 283-acre TM1 site is located within the SVSP, bounded on the east by Fiddyment Road, undeveloped farmland and pasture to the south and wet, and urban development to the east and north, in Section 36 Township 11 North, Range 5 East, MDB&M, in the City of Roseville, Placer County, California. 

PROJECT DESCRIPTION

Federico-Westpark (SPK-2014-00026): Construction of the proposed Federico - Westpark project would result in the discharge of fil material into approximately 2.29 acres of WOUS, and the avoidance and preservation of 1.70 acres of WOUS, consisting of the following:

Jurisdictional Wetlands/Waters

Impacts

Non-Infrastructure

Impacts

Infrastructure

Preservation

Vernal Pool

0.84

0.20

0.47

Wetland Swale

0.79

0.34

0.31

Intermittent Stream

 

0.11

0.92

 

 

 

 

Total: 3.99

1.63

0.66

1.70


The proposed project would result in the construction of a mixed-use development with approximately 133.6 acres residential development, 7.5 acres of commercial development, 37.5 acres of public/quasi-public services, 2.8 acres parks and 49.6 acres of open space comprised of 19.7 acres Primary Open Space, 8.1 acres of Secondary Open Space and 21.8 acres of Non-Corps Open Space. Primary Open space is to be preserved and not impacted, Secondary Open Space is proposed for trails and landscaping and non-Corps Open Space which would not be preserved, and it is assumed that fill material would be discharged into all waters of the U.S. within this area. There are a total of 3.99 acres of WOUS within the project area, comprised of 1.04 acre intermittent streams, 1.44 acres wetland swale and 1.21 acres vernal pools.

Federico-Mourier (SPK-2005- 00781): Construction of the proposed Federico-Mourier project would result in the discharge of fill material into approximately 2.99 acres of WOUS, and the avoidance and preservation of 2.20 acres of WOUS, consisting of the following:

 

 

Jurisdictional Wetlands/Waters

Impacts

Non-Infrastructure

Impacts

Infrastructure

Preservation

Vernal Pool

1.35

0.92

0.79

Seasonal Wetland

 

0.05

 

Wetland Swale

0.31

0.02

0.51

Intermittent Stream

0.03

0.32

0.90

 

 

 

 

Total: 5.20

1.69

1.30

2.20


The proposed project would result in the construction of a mixed-use development with approximately 140.6 acres residential development, 5.7 acres of commercial development, 52.5 acres of public/quasi-public services, 13.7 acres parks and 61.7 acres of open space comprised of 47.1 acres of Primary Open Space, 4 acres of Secondary Open Space and 10.6 acres of Non-Corps Open Space. Primary Open space is to be preserved and not impacted, Secondary Open Space is proposed for trails and landscaping, and non-Corps Open Space which would not be preserved, and it is assumed that fill material would be discharged into all waters of the U.S. within this area. There are a total of 5.20 acres of WOUS within the project area, comprised of 1.25 acre intermittent streams, 0.04 acre seasonal wetland, 0.84 acre wetland swale and 3.06 acres vernal pools.

TM1 (SPK-2003-00183): Construction of the TM1 project would result in the discharge of fill material into approximately 2.46 acres of WOUS and the preservation of 1.69 acres of WOUS, consisting of the following:

Jurisdictional Wetlands/Waters

Impacts

Non- Infrastructure

Impacts

Infrastructure

Preservation

Vernal Pool

0.23

0.00

0.20

Seasonal Wetland

0.74

0.56

0.60

Wetland Swale

0.79

0.17

0.02

Perennial Stream

 

0.13

0.85

Intermittent Stream

0.01

0.00

0.01

 

 

 

 

Total: 4.31

1.76

0.86

1.69



















The proposed project would result in the construction of a mixed-use development with approximately 167.7 acres residential development, 20.8 acres of commercial development, 41.7 acres of public/quasi-public services, 12.1 acres parks and 41.4 acres of open space comprised of 30.5 acres of Primary Open Space, 4.2 acres of Secondary Open Space and 6.7 acres of Non- corps Open Space. Primary Open space is to be preserved and not impacted, Secondary Open Space is proposed for trails and landscaping and non-Corps Open Space which would not be preserved, and it is assumed that fill material would be discharged into all waters of the U.S. within this area. There are a total of 4.31acres of waters of the U.S. existing within the project area, comprised of 0.02 acre intermittent streams, 0.99 acre perennial stream, 1.90 acres seasonal wetland, 0.97 acre wetland swale and 0.43 acre vernal pools. 

ADDITIONAL INFORMATION

Background: The Federico-Westpark, Federico-Mourier and TM1 projects are located within the SVSP area. Because development of the SVSP would result in potential significant effects to the environment, in accordance with NEPA, the Corps completed a program- level EIS. The Notice of Availability (NOA) for the Draft EIS, evaluating the impacts of the proposed SVSP project, was published on July 6, 2012, for a 45 day comment period. The NOA for the Final EIS was published on June 7, 2013. On March 30, 2016, the Corps issued a Record of Decision (ROD) for the EIS. Because the EIS was developed as a program-level document for the entire SVSP, and not as a project specific document for each property within the SVSP, as part of the finding of the ROD the Corps determined for each project within the SVSP area, the Corps will prepare a separate ROD that tiers from the EIS. The RODs would be prepared following the receipt of a complete DA permit application and issuance of a public notice.  

The Sierra Vista Revised Conceptual Mitigation Plan, dated January 2016, is a document that outlines an overall mitigation strategy for the SVSP area. Each permit applicant will put forth their own final plan to compensate for losses of WOUS including wetlands. See attached.

Environmental Setting

Federico-Westpark (SPK-2014-00026): There are a total of 3.99 acres of WOUS within the project area, comprised of 1.04 acre intermittent streams, 1.44 acres wetland swale and 1.21 acres vernal pools. 

Federico-Mourier (SPK-2005- 00781): There are a total of 5.20 acres of WOUS within the project area, comprised of 1.25 acre intermittent streams, 0.04 acre seasonal wetland, 0.84 acre wetland swale and 3.06 acres vernal pools.

TM1 (SPK-2003-00183): There are a total of 4.31acres of waters of the U.S. existing within the project area, comprised of 0.02 acre intermittent streams, 0.99 acre perennial stream, 1.90 acres seasonal wetland, 0.97 acre wetland swale and 0.43 acre vernal pools.

The following pertains to all of the projects considered in this public notice: 

Wetland swales are linear sloping seasonal wetlands that occur in topographic swales verses seasonal wetland which occur in depressions and are inundated in the winter and early spring. Vernal pools are seasonally inundated wetland occurring within topographic depressions which occur both as isolated features in the landscape and in associated wetland and non-wetland swales. The typically flood to depths of 2 inches to 1 foot in the winter and early spring. The site is characterized by gently rolling topography and large, open annual grassland areas. The entire project area has been disked, plowed and dry-farmed. These agricultural activities have significantly affected both the upland and wetland plant communities. The dominant plant community within the project area is ruderal non-native annual grassland made up of a variety of naturalized Mediterranean grasses including soft chess (Bromus hordeaceus), ripgut brome (B. diandrus), medusa head (Taeniatherum caput-medusae), and wild oats (Avena fatua). Common herbaceous species include filarees (Erodium spp.), yellow star-thistle (Centaurea solstitialis), rose clover (Trifolium hirtum), cut leaf geranium (Geranium dissectum), tarweed (Holocarpha virgata), Fitch’s spikeweed (Hemizonia fitchii), common vetch (Vicia sativa), and hairy hawkbit (Leontodon taraxacoides).

Surface runoff within the project area flows to the west, via Federico Creek for the Federico properties, and via Curry Creek for the TM1 property. The soils on the sites occur on low terraces, are shallow to moderately deep, and underlain by hardpans except for Cometa which is underlain by a dense clay pan. The average depth to hard pan or clay pan on these soils ranges from 18” to 40”.

Alternatives. The applicants for the three proposed projects have not provided information concerning project on-site alternatives. Additional information concerning project alternatives may be available from the applicants or their agents. Other alternatives may develop during the review process for these permit applications. 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 applicants are unable to avoid or minimize all impacts, the Corps may require compensatory mitigation.

The proposed SVSP includes approximately 227.5 acres of open space preserves aligned along the two main drainage courses (Curry Creek and Federico Creek and along the Western Area Power Administration transmission corridor). Approximately 21.57 acres of seasonal wetland an emergent marsh would be constructed and 13.75 acres of wetland and other waters would be preserved within the open space corridors. 100-foot buffers would be established along the stream corridors to minimize indirect impacts from the proposed development.

The applicants are proposing to fund for the long-term maintenance of the open space preserves in perpetuity. Conservation easements over the open space preserves are proposed to be granted to the City of Roseville, and they in turn, would be responsible for the long term maintenance of the preserve under the City‘s Open Space Preserve Overarching Management Plan.

Federico-Westpark (SPK-2014-00026): The applicant proposes to preserve 1.70 acres of wetlands and other WOUS on site within 19.7 acres of the Federico Creek corridor, as well as purchase credits from an approved mitigation bank consisting of 3.96 acre of vernal pool preservation credit, 1.04 acres of vernal pool creation/restoration and 1.24 acres of seasonal wetland creation/restoration. These acreages are consistent with ratios outlined in the Sierra Vista Conceptual Mitigation Plan.

Federico-Mourier (SPK-2005- 00781): The applicant proposes to preserve 2.20 acres of wetlands and other WOUS on site within 47.1 acres of the Federico Creek corridor. The proposed Sierra Vista Conceptual Mitigation Plan states: “prior to initiating construction in waters of the U.S., each permittee shall submit a final mitigation plan for approval to the Corps.” To date the applicant has not submitted a compensatory mitigation plan for the proposed project. It is expected that, prior to any approval of a discharge of fill material into waters of the U.S., the applicant will submit their proposed compensatory mitigation plan to the Corps for approval.

TM1 (SPK-2003-00183): The applicant proposes to preserve 1.69 acres of wetlands and other Waters of the United States on site within 30.5 acres of the Curry Creek corridor. The proposed Sierra Vista Conceptual Mitigation Plan states: “prior to initiating construction in waters of the U.S., each permittee shall submit a final mitigation plan for approval to the Corps.” To date this applicant has not submitted their plan. It is expected that, prior to any approval of a discharge of fill material into waters of the U.S., the applicant will submit their proposed compensatory mitigation plan to the Corps for approval.

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 (CVRWQCB) is required for these projects. 

Federico-Westpark (SPK-2014-00026): The CVRWQCB issued the Clean Water Act §401 Technically Conditioned Water Quality Certification; Westpark Associates, Sierra Vista Specific Plan-Federico Westpark Property Project (WDID#5A31CR00349), Placer County, on 22 December 2015

Federico-Mourier (SPK-2005- 00781): The applicant has submitted an application for Water Quality Certification under §401 of the Clean Water Act.

TM1 (SPK-2003-00183): The CVRWQCB issued the Clean Water Act §401 Technically Conditioned Water Quality Certification; Mourier Investments, LLC, Sierra Vista –Bagley, Computer Deduction and Wealth Properties Project, AKA: TM1 (WDID#5A31CR00346), Placer County, on 22 December 2015, which was amended 22 January 2016.

HISTORIC PROPERTIES: The Corps consulted with the California State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP) for the entire SVSP, including the Federico-Westpark, Federico-Mourier, and TM1 projects, determining that there would be no effect to historic properties. The Corps received no comment from SHPO. Per 33 CFR 325, Appendix C (7), because no response was received from SHPO, the Corps may conclude the permit decision. 

ENDANGERED SPECIES: On October 23, 2013, the Corps initiated consultation with the U.S. Fish and Wildlife Service (USFWS) under Section 7 of the Endangered Species Act for potential impacts to the Federally-listed vernal pool fairy shrimp (Branchinecta lynchi), vernal pool tadpole shrimp (Lepidurus packardi), and giant garter snake (Thamnophis gigas) for the SVSP. On May 5, 2015, and December 17, 2015, the U.S. Fish and Wildlife Service (USFWS) issued biological opinions (BO) for the entire SVSP including the Federico-Westpark, Federico-Mourier, and TM1 projects. The USFWS BO’s will become a condition of any Corps permit issued for projects within the SVSP, including the proposed RGP.

ESSENTIAL FISH HABITAT: The SVSP does not contain habitat for anadromous fish, and therefore there would be no effect to essential fish habitat from the Proposed Action. 

The above determinations are based on information provided by the applicants, our preliminary review of each applicant and the EIS review.

EVALUATION FACTORS: The decision whether to issue permits 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-2014-00026, 2005-00781 and 2003-00183, must be submitted to the office listed below on or before July 22, 2016.

Nancy Haley, Chief, California North Branch
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922
Email: Nancy.A.Haley@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 Nancy Haley, 916-557-7731, Nancy.A.Haley@usace.army.mil.

Attachments: 

Lands of Federico-Westpark SPK 2014-00026 (4 drawings)
Lands of Federico-Tyler Mourier Investments, LLC (11 drawings)
Mourier TM#1 (10 drawings)

Sierra Vista - Revised Conceptual Mitigation Plan, dated January 2016