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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.

Public Notices published by the Sacramento District under the Regulatory Program are posted on this page. Once a public notice is available on-line, an email notification is sent to individuals on the appropriate mailing list.

Comments are due by the expiration date of the public notice.  Only comments submitted by email or in hard copy format through a delivery service, such as the U.S. Postal Service, can be accepted.   Comments must be submitted to the address listed in the public notice.

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SPK-2012-00209, Marble Valley Project, El Dorado County, CA

REGULATORY DIVISION
Published March 13, 2020
Expiration date: 4/30/2020

 

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Marble Valley Project, which would result in impacts to approximately 4.585 acres of waters of the United States, including wetlands and streams. 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:  Marble Valley Company, LLC

                      Attn:  Mr. Kirk Bone

                      4525 Serrano Parkway

                      El Dorado Hills, California 95762

LOCATION: The approximately 1,875.0-acre project site is located on Marble and Deer Creeks, in Sections 7-9, 16, 17, 21, and 22, Township 9 North, Range 9 East, MDB&M, Latitude 38.63256°, Longitude -121.00332°, near Clarksville, El Dorado County, California, and can be seen on the Folsom SE USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to construct a new residential community. Based on the available information, the overall project purpose is to create a new community including the creation of 3,236 housing units of multi densities for residential developments, two new schools, the creation of a Village Center, vineyards, a wine and agricultural center, an historic park, open space, and commercial development. The applicant believes there is a need for this development. The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

Environmental Setting. There are approximately 35.793 acres of waters of the United States on the project site. This includes 0.134 acres of a drainage ditch, 5.789 acres of intermittent drainages, 6.490 acres of perennial creeks, 11.362 acres of a quarry pond, 6.150 acres of seasonal creeks, 1.562 acres of seasonal wetlands, 3.662 acres of seasonal wetlands swales, 0.511 acres of seeps, and a 0.132 acre stock pond. The site is characterized by rolling to steep foothill terrain dominated by blue oak (Quercus douglasii) woodland. The site includes portions of Marble and Deer Creeks and ranges in elevation from 700 to 1,200 feet.

The site contains chaparral and a mixture of oak species including blue, Interior live oak (Q. wislizenii), valley oak (Q. lobata), and black oak (Q. kelloggii). The site contains gray pines (Pinus sabiniana), toyon (Hetermoeles arbutifolia), and poison oak (Toxicodendron diversilobum). Willows species including arroyo willow (Salix lasiolepis), and Goodding’s willow (S. gooddingii), are associated with the riparian habitat of Marble and Deer Creeks.

Alternatives. The applicant has 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 mitigate for impacts to waters of the United States at 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 is required for this project. The applicant has currently not applied for certification. This project will need approval from the California Department of Fish and Wildlife for potential impacts to biological resources.

HISTORIC PROPERTIES: Potentially eligible cultural resources may be affected by the proposed project. 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 (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act. There is no need for the Corps to initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act for this project.

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-2012-00209 must be submitted to the office listed below on or before April 30, 2020.

Ms. Kathy Norton, Project Manager

US Army Corps of Engineers, Sacramento District

Regulatory Division

1325 J Street, Room 1350

Sacramento, California 95814-2922

Email: Kathy.Norton@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, the applicant’s consultant Mr. Dave Krolick, ECORP Consulting, Inc. at 916-782-9100 or email at dkrolick@ecorpconsulting.com, or the Corps' project manager Ms. Kathy Norton, (916) 557- 5260, Kathy.Norton@usace.army.mil.

Attachments: 2 drawings