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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-2009-00529, Public Notice of Permit Application, Mather South Residential Development project, Sacramento County, CA

REGULATORY DIVISION
Published Dec. 5, 2023
Expiration date: 1/4/2024

Comment Period: December 5, 2023 – January 4, 2024

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge of dredged or fill material into approximately 15.08 acres of waters of the United States to construct the Mather South Residential 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:     

Mather South, LLC

Attn: Mr. Phil Rodriguez

9216 Kiefer Boulevard, Suite 4

Sacramento, CA, 95862

LOCATION: The approximately 856.4-acre project site is located southeast of Mather Airport within the Mather Specific Plan Area at Latitude 38.53471°, Longitude ‑121.25167°, Sacramento County, California, and can be seen on the Carmichael USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to discharge approximately 8,123 cubic yards (CY) of fill into waters of the U.S. resulting in the loss of 3.21 acres of vernal pools, 2.03 acres of vernal swales, 9.47 acres of seasonal wetlands, and 0.37 acres of other waters. Waters of the U.S. would be filled via cuts and fill, balanced on-site with native soil for the construction of:

  • 3,522 single family and multi-family dwelling units
  • 28-acre environmental education campus including 200 multi-family affordable dwelling units
  • 21-acre research and development park
  • Two elementary schools
  • 6-acre community center
  • 21 acres of commercial retail
  • 44 acres of parkland including 26 acres of neighborhood parks and a 17-acre community park
  • 210 acres of open space areas that include a 53-acre portion of the Mather Preserve west of Zinfandel Drive
  • Drainage corridors, landscape buffers, public utility corridors, and pedestrian and bicycle corridors
  • Phase I/II Zinfandel Drive Improvements and Sewerline Extension, which was previously permitted under a nationwide permit (SPK-2002-00561) and will be constructed by the County within the Mather South Project area

      Based on the available information, the overall project purpose is to construct a mixed used residential development within the Mather Specific Plan Area. The applicant believes there is a need for additional residential housing, commercial use, and schools to accommodate the housing shortage in California and in response to long-term growth projections for the region.

ADDITIONAL INFORMATION:

Environmental Setting. The site is characterized by a slightly rolling annual grassland interspersed with vernal pools, vernal swales, seasonal wetlands, and drainages. Smaller areas of cottonwood woodlands and coyote brush scrub occur within the larger grassland area. The site provides potential habitat for a number of special-status species as discussed below. There are approximately 6.03 acres of vernal pools, 3.62 acres of vernal swales, 11.66 acres of seasonal wetlands, and 3.58 acres of other waters within the project area.

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 mitigation for impacts to Waters of the U.S. through purchase of applicable mitigation credits from Corps-approved mitigation banks, where available. If appropriate mitigation credits are not available from regional mitigation banks, mitigation will be purchased as In-Lieu Fee Credits from the National Fish and Wildlife Foundation.

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 not indicated they have applied for certification.

HISTORIC PROPERTIES: 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 and/or the National Marine Fisheries 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-2009-00529 must be submitted to the office listed below on or before January 4, 2023.

Matt Hirkala, Project Manager

US Army Corps of Engineers, Sacramento District

Email: Matthew.J.Hirkala@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 Matt Hirkala, (916) 557-5148, Matthew.J.Hirkala@usace.army.mil.

Attachments:

Attachment 1 - Project Location and Vicinity

Attachment 2 - Impact Map