Comments Period: March 1, 2017 – April 1, 2017
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct a residential and commercial project on Gill Property, which would result in a permanent discharge of dredged or fill material into approximately 5.031 acres of waters of the United States (WOUS), primarily comprised of vernal pools and other seasonal wetlands, adjacent to Markham Ravine.
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 (WOUS).
APPLICANT: Gill Property Development, LLC,
Attn: Mr. Chris Gill,
424 D Street,
Marysville, California 95901
Attn: Ms. Shannon Karvonen,
2890 Gateway Oaks Drive, Suite 200,
Sacramento, California 95833,
LOCATION: The approximately 72.4-acre site is located at 3099 Nicolaus Road, near Markham Ravine, south of Nicolaus Road and east of Nelson Lane, Latitude 38.8934704°, Longitude -121.337080°, City of Lincoln, Placer County, California, and can be seen on the CA-LINCOLN USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to discharge fill material into approximately 5.031 acres of vernal pools and other WOUS to construct approximately 35.5 acres of commercial development and 21.0 acres of low density residential development, including associated infrastructure. Based on the available information, the overall project purpose is to construct a mixed-use development within the City of Lincoln. The applicant believes there is a need to help meet the City of Lincoln’s housing demand. The attached drawings provide additional project details.
Environmental Setting. There are approximately 7.263 acres of vernal pools, vernal swales, floodplain wetlands, seasonal wetlands, and other WOUS within the proposed project site. The site, is dominated by annual upland grassland species and regionally common wetland plants.
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. For unavoidable adverse effects to wetlands and other WOUS, the applicant has proposed to purchase compensatory mitigation 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 California Regional Water Quality Control Board, Central Valley Region, is required for activities in WOUS associated with the proposed project. The applicant has indicated they have applied for certification.
HISTORIC PROPERTIES: Based on the applicant's report titled Cultural Resources Inventory Report for the Gill Property Project, Lincoln, Placer County, California, dated February 4, 2015, no cultural resources were identified within the Corps permit area. The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.
ENDANGERED SPECIES: Based on information provided by the applicant and our preliminary review, the proposed discharge of dredged or fill material 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: Based on information provided by the applicant and our preliminary review, the permit area does not contain Essential Fish Habitat (EFH); therefore, the proposed discharge of dredged or fill material would not adversely affect EFH as defined in the Magnuson-Stevens Fishery Conservation and Management Act.
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-2014-00817 must be submitted to the office listed below on or before April 1, 2017.
Leah M. Fisher, Senior 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 Leah M. Fisher, (916) 557-6639, Leah.M.Fisher@usace.army.mil.
Attachments: 3 drawings