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Public Notices

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-2016-00710, Solano County, CA

Published Nov. 23, 2016
Expiration date: 12/23/2016

November 23, 2016 – December 23, 2016

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Eubanks Drive Commercial Development project, which would result in impacts to approximately 1.712 acres of waters of the United States, including wetlands, in or adjacent to South Branch Gibson Canyon Creek in Solano County. 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 Buzz Oates Group of Companies, Attn: Mr. Jacob Lares, 555 Capitol Mall, Sacramento, California 95814

LOCATION: The approximately 13.6-acre project site is located along Eubanks Drive, near South Branch Gibson Canyon Creek, Latitude 38.40999°, Longitude -121.95311°, Solano County, California, and can be seen on the CA-ALLENDALE USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to construct two 124,500 square foot warehouses. Both warehouses would include adjacent parking and depressed truck-loading docks. Three driveways would be constructed to connect the development to Eubanks Drive. Three detention basins would be constructed on site to collect storm water outfall. Based on the available information, the overall project purpose is to construct warehouses for industrial development. The applicant believes there is a need for additional, newer, and more modern industrial space within the City of Vacaville, surrounding areas of Solano County, and the City of Fairfield. The attached drawings provide additional project details.


    Environmental Setting. There proposed project site, ranging in elevation from approximately 110 to 121 feet, is located on the west side of the Sacramento Valley within the City of Vacaville. The site is characterized by annual grassland, approximately 1.885 acres of seasonal wetlands and vernal pools that are dispersed throughout, and the South Branch Gibson Canyon Creek, which is culverted through the southern extent of site. Dominant plant species include wild oat (Avena fatua), ripgut brome (Bromus diandrus), rye grass (Festuca perennis), vetch (Vicia sativa), and rose clover (Trifolium hirtum). Soils are characterized primarily as Capay silty clay loam, Corning gravelly loam, and San Ysidro sandy loam. The proposed project site is undeveloped, but disturbed. Some level of grading occurred on site prior to 1993, and the center of the site contains an approximately six foot tall, 35 foot wide, and 150 foot long soil mound. Electrical towers with lines running east and west is located on the southern end of the project site. Discing has also been conducted on site. The area surrounding the proposed project site includes industrial facilities to the south and east, and vacant lots to the north and west.

    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 a 0.151 acre vernal pool (VP8) located at the southern extent of the property, and proposes to purchase credits at a Corps-approved mitigation bank for impacts to the remaining 1.712 acres of seasonal wetlands and vernal pools.

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.

HISTORIC PROPERTIES: Based on the available information (including applicant's report titled Cultural Resources Inventory and Evaluation Report, Chancellor and Eubanks Project, City of Vacaville, Solano County, California and dated September 2016), no potentially eligible 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 would not adversely affect Essential Fish Habitat 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-2016-00710, must be submitted to the office listed below on or before December 23, 2016.

Scarlett Vallaire, Regulatory Project Manager
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922

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, Scarlett Vallaire, by phone at 916-557-7620, or email at

Attachments:  2 Drawings:  Figure 1. Project Location Map (June 8, 2016) and Wetland Impact Map (November 16, 2016) prepared by Sycamore Environmental Consultants, Inc. November 23, 2016 – December 23, 2016November 23, 2016 – December 23, 2016