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Under the Corps' Regulatory Program, 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.

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SPK-2005-00957, Roseville, Placer County, CA

Posted: 9/22/2016

Expiration date: 10/21/2016


Comments Period: September 22, 2016-October 21, 2016 

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application within the Sierra Vista Specific Plan Area (SVSP) to construct a mixed-use development on approximately 80.6 acres referred to as the Cyril G. Barbaccia Trust property. The proposed project would result in in impacts to approximately 2.12 acres of waters of the United States (WOUS), including wetlands, adjacent to Curry Creek. The Cyril G. Barbaccia Trust property is 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. 

APPLICANT: Cyril G. Barbaccia Trust, Attn: Mr. Joseph Guerra, Jr., 165 Blossom Hill Road, San Jose, California 95123 

LOCATION: The proposed 80.6-acre site is located within the SVSP area, located on the eastern portion of the SVSP area, bounded on the south by Baseline Road, and to the west, north, and east by undeveloped farmland and pasture in Section 36, Township 11 North, Range 5 East, MDB&M, in the City of Roseville, Placer County, California, Latitude 38.75531°, Longitude -121.37459°.

PROJECT DESCRIPTION: The proposed project would result in the construction of a mixed-use development with approximately 56.5 acres of residential development, 7.6 acres of parks, 1.7 acres of landscape corridor/paseo, 5.1 acres of roads, and 9.7 acres of open space area. The proposed open space area would be comprised of 3.9 acres of Primary Open Space, 0.8 acre of Secondary Open Space and 5 acres of Non-Corps Open Space. Primary Open space is to be preserved and no impacts to WOUS are proposed. Secondary Open Space is proposed for trails and landscaping and is intended to provide a transition between Primary Open Space and developed areas. WOUS in the Secondary Open Space would be filled. All WOUS in the non-Corps Open Space would be filled. 

Construction of the proposed project would result in the discharge of fill material into and the permanent loss of approximately 2.12 acres of WOUS, and the avoidance and preservation of 0.38 acres of WOUS in Primary Open Space, consisting of the following:

Jurisdictional Wetlands/Waters

Impacts

Infrastructure

Impacts Non-

Infrastructure

Avoidance and Preservation

Ephemeral Stream

 

0.02

 

Perennial Stream

0.13

 

0.23

Seasonal Wetland

0.03

0.45

0.06

Vernal Pool

0.23

0.07

0.07

Wetland Swale

0.16

1.03

0.02

Total: 2.50

0.55

1.57

0.38

ADDITIONAL INFORMATION

Background. The Cyril G. Barbaccia Trust property is 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. 

Environmental Setting. There are a total of 2.50 acres of WOUS within the project area, comprised of 0.02 acre ephemeral streams, 0.36 acre of perennial stream, 0.54 acre of seasonal wetland, 0.37 acre of vernal pools, and 1.21 acres of wetland swales.

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 Curry Creek. 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 applicant for the proposed project has not provided information concerning on-site project alternatives. Additional information concerning project alternatives may be available from the applicants or their agents. 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 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) as overall mitigation for the SVSP. Approximately 21.57 acres of seasonal wetland and emergent marsh would be constructed and 13.75 acres of wetland and other waters would be preserved within the open space corridors in accordance with the Sierra Vista Revised Compensatory Mitigation Plan, dated January 2016 (see attached). 100-foot buffers would be established along the stream corridors to minimize indirect impacts from the proposed development.

The SVSP applicants propose to fund 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.

The applicant proposes to preserve 0.38 acre of wetlands and other WOUS on site within 3.9 acres of the Curry Creek corridor. To date this applicant has not submitted a final compensatory mitigation plan. The applicant must submit a final compensatory mitigation plan to compensate for losses of WOUS for Corps review and approval prior to initiation of construction, consistent with the Sierra Vista Revised Conceptual Mitigation Plan.

OTHER GOVERNMENTAL AUTHORIZATIONS: The CVRWQCB issued the Clean Water Act §401 Technically Conditioned Water Quality Certification; Cyril G. Barbaccia Irrevocable Trust, Sierra Vista Specific Plan-CGB Project (WDID#5A31CR00343), Placer County, on 3 August 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 Area, including the Cyril G. Barbaccia property project, 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 Cyril G. Barbaccia property project. The USFWS BO’s will become a condition of any Corps permit issued for projects within the SVSP, including the CGB application.

ESSENTIAL FISH HABITAT: The SVSP Area 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 applicant, our preliminary review of the application and the EIS 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 EIS pursuant to the NEPA. 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-2005-00957 must be submitted to the office listed below on or before October 21, 2016.

Laura Shively, Project Manager, California North Branch
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922
Email: Laura.Shively@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 Mrs. Laura Shively, 916-557-7637, Laura.Shively@usace.army.mil.

Attachments

CGB PN drawings (4 drawings)
Sierra Vista - Revised Conceptual Mitigation Plan, dated January 2016