Comment Period: December 2, 2022 – December 20, 2022
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge of dredged or fill material in approximately 1.05 acres of waters of the United States to construct the Northpointe Housing Development project. 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: Lennar Communities, Attn: Mr. Sean MacDiarmid, 1025 Creekside Ridge Drive, Suite 240, Roseville, CA, 95678-3573
LOCATION: The approximately 67.2-acre project site is located near the Bear River, Latitude 38.99846°, Longitude -121.54135°, Yuba County, California, and can be seen on the Nicolaus USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to discharge fill material into approximately 1.05 acres of seasonal wetlands for the construction of a 67.2-acre residential development, consisting of utility infrastructure, and onsite ancillary features. Based on the available information, the overall project purpose is to construct a market-rate residential development within the Plumas Lakes Specific Plan (PLSP) Area in a location that is adjacent to existing utility infrastructure and can be developed in a cost-effective manner without significant offsite utility improvements. The applicant believes there is a need for housing. The attached drawings provide additional project details.
Environmental Setting. There are approximately 1.05 acres of seasonal wetlands within the project area. The site is characterized by undeveloped fallow land that was historically farmed. Topography consists of relatively flat terrain and has a range of approximately 45 feet to 50 feet above mean sea level. The proposed project is located to the east of Highway 70, and west of the Western Pacific Interceptor Canal which is a levee and a railroad.
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 purchase compensatory mitigation.
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 Report for the North Pointe Project, dated September 2022, prepared by Ecorps Consulting Incorporated), no 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 (EFH) 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-2022-00422 must be submitted to the office listed below on or before December 15, 2022
Matthew Roberts, Lead Project Manager
US Army Corps of Engineers, Sacramento District
310 Hemsted Drive, Suite 310
Redding CA, 96002-0935
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 Matthew Roberts, (530) 723-3355, Matthew.J.Roberts@usace.army.mil.