SPK-2006-00035, SPK-2006-00984, SPK-2007-02159, Sacramento County, CA

CESPK-RD-D

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating three permit applications to construct the Folsom South property (SPK-2006-00035), the Carpenter Ranch Property (SPK-2006-00984) and the Folsom South of U.S. Highway 50 Backbone Infrastructure (SPK-2007-02159), which would result in impacts to approximately 29.76 acres of waters of the United States, including wetlands, adjacent to Alder Creek. Specifically, the proposed projects would result in impacts to 7.74 acres of waters of the U.S. on the Folsom South site, 8.37 acres of waters of the U.S. on the Carpenter Ranch site, and 13.65 acres for the Backbone Infrastructure (11.30 acres on-site and 2.35 acres off-site). The Folsom South, Carpenter Ranch, and Backbone Infrastructure Projects are part of the Folsom South of U.S. Highway 50 Specific Plan Area, in which the Corps has prepared an Environmental Impact Statement (EIS) for compliance with the National Environmental Policy Act (NEPA). This notice is to inform interested parties of the proposed activities 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.

APPLICANTS:

LOCATION:

Folsom South (SPK-2006-00035): The proposed 1,414 acre Folsom South site is located within the Folsom South of Highway 50 Specific Plan Area (SPA), in Sections 9, 10, 15, 16, 17, 20, 21, and 22 Township 9 North, Range 9 East, MDB&M, within the Sphere of Influence of the City of Folsom, Sacramento County, California.

Carpenter Ranch (SPK-2006-00984): The proposed 1,024 acre Carpenter Ranch Site is located within the SPA, south of U.S. Highway 50, east of Prairie City Road and west of Placerville Road, in Sections 9, 16, 17 and 18, Township 9 North, Range 8 East, MDB&M, within the Sphere of Influence of the City of Folsom, Sacramento County, California.

Backbone Infrastructure (SPK-2007-02159): The on-site backbone infrastructure is located within the SPA, in Sections 9, 16, 17 and 18, Township 9 North, Range 9 East, MDB&M, within the Sphere of Influence of the City of Folsom, Sacramento County, California. The proposed off-site waterline project is located within Section 15, Township 9 North, Range 8 East, MDB&M, in Sacramento County, California.

PROJECT DESCRIPTION:

Folsom South (SPK-2006-00035): The proposed Folsom South project would result in impacts to approximately 7.74 acres of waters of the U.S, and the preservation of 17.29 acres of waters of the U.S., consisting of the following:

Jurisdictional Wetlands/Waters Impacts Preserve
Vernal Pool 0.14 0.407
Seasonal Wetland 0.469 0.202
Seasonal Wetland Swale 4.026 3.781
Seep 0.528 5.37
Marsh 0 0.061
Ephemeral Drainage 1.494 2.927
Intermittent Drainage 0 4.116
Ditch 0.114 0.419
Pond 0.973 0.002
Total: 7.74 17.29

The proposed Folsom South project would also result in impacts to 4.13 acres of waters of the U.S. for the construction of backbone infrastructure (e.g. roads, utility lines, etc.) throughout the development, which are proposed as part of the Backbone Infrastructure application (SPK-2007-02159). All infrastructure not included in the Backbone Infrastructure application are included within the proposed Folsom South project. On the Folsom South site, the applicant is proposing to install utility lines through trenching, and to construct road crossings through the installation of culverts, which would result in permanent impacts to 0.283 acres and temporary impacts to 0.074 acres of the proposed 7.74 acres of impacts to waters of the U.S.

The proposed project would result in the construction of a mixed-use development with approximately 716.7 acres of residential development, 19.9 acres of mixed-use development, 81 acres of commercial development, 110.7 acres of public/quasi-public uses, 54.9 acres of neighborhood parks, 371.8 acres of open space, and 58.6 acres for circulation.

Carpenter Ranch (SPK-2006-00984): The proposed Carpenter Ranch project would result in impacts to approximately 8.37 acres of waters of the U.S., and the preservation of 14.72 acres of waters of the U.S. including:

Jurisdictional Wetlands/Waters Impacts Preserve
Vernal Pool 0.010 0.069
Seasonal Wetland 0.799 0.113
Seasonal Wetland Swale 4.314 2.418
Seep 1.234 0.262
Marsh 0.014 0.078
Creeks/Channel 1.169 11.498
Ditch 0.833 0.285
Total: 8.37 14.72

The proposed Carpenter Ranch project would also result in impacts to 3.757 acres of waters of the U.S. for the construction of backbone infrastructure (e.g. roads, utility lines, etc.), which are proposed as part of the Backbone Infrastructure application (SPK-2007-02159). In addition, the proposed Carpenter Ranch project would result in the construction of a mixed-use development with approximately 264 acres of residential development, 39.59 acres of mixed-use development, 252.9 acres of commercial development (including the construction of a large regional commercial mall), 14.1 acres of town center development, 10 acres of schools, 8.5 acres of parks, and 371.8 acres of open space.

Backbone Infrastructure (SPK-2007-02159): The proposed Backbone Infrastructure project would allow for phased implementation of the SPA) to serve the comprehensive needs of the entire plan area in a segmented, phased manner. The proposed Backbone Infrastructure project includes major roads and trails, water and sewer infrastructure, and storm drain infrastructure. The proposed Backbone Infrastructure project would result in impacts to 11.302 acres of waters of the U.S. on-site within the SPA, and 2.349 acres of waters of the U.S. off-site, consisting of the following:

Jurisdictional Wetlands/Waters On-Site Impacts Off-Site Impacts Total Impacts
Vernal Pool 0.624 0.316 0.940
Seasonal Wetland 1.231 0.061 1.292
Seasonal Wetland Swale 4.930 0.055 4.985
Seep 0.617 0.000 0.617
Marsh 0.017 1.440 1.457
Creek/Channel 1.181 0.426 1.607
Intermittent Drainage 1.494 0.044 1.538
Ditch 0.356 0.007 0.363
Pond 0.852 0 0.852
Total: 11.302 2.349 13.651

Roads: The proposed Backbone Infrastructure project would include major circulation roads that would serve the entire SPA and region.

Pedestrian/Bicycle Trails: The proposed Backbone Infrastructure project would include a network of Class I and II bicycle trails that would provide connectivity to trails in Sacramento and El Dorado Counties. A multi-use trail system would provide pedestrian and bicycle linkage throughout the SPA area. The proposed trails would typically consist of 8- to 12-foot wide paved trails. Only those trails occurring within open space areas have been incorporated within the proposed Backbone Infrastructure application. Proposed trails located within specific project areas (e.g. the Carpenter Ranch or Folsom South site) have been incorporated into those applications.

Sanitary Sewer: The proposed Backbone Infrastructure project includes main sanitary sewer system planned for the SPA includes those sewers located in major roadways as well as separate sewer lines and off-site connections under Highway 50.

Drainage and Flood Control: The proposed Backbone Infrastructure project includes detention and water quality basins that serve areas greater than the individual properties on which they are located, including one basin located off-site, just west of the SPA, on the west side of the existing Prairie City Road.

Water Supply: The proposed Backbone Infrastructure project would include the construction of a water treatment plant, which would be located in the southwest portion of the SPA.

ADDITIONAL INFORMATION:

Background: The proposed Folsom South, Carpenter Ranch and Backbone Infrastructure projects are located within the SPA. Because development of the SPA would result in significant effects to the environment, in accordance with NEPA, the Corps completed a joint, program-level EIS/Environmental Impact Report (EIS/EIR) with the City of Folsom for the entire SPA (the City of Folsom completed the EIR for compliance with the California Environmental Quality Act). The Notice of Availability (NOA) for the Draft EIS/EIR, evaluating the impacts of the proposed SPA project, six on-site land-use and eleven off-site water supply/alignment alternatives, was published in the Federal Register on July 2, 2010 for a 60-day comment period. The Final EIS/EIR, which consisted of responses to comments and any corrections, revisions, and other clarifications and amplifications to the Draft EIS/EIR, was published on May 26, 2011, for a 30-day comment period. On August 12, 2011, the Corps issued a Record of Decision (ROD) for the EIS. Because the EIS was developed as a program level document for the entire SPA, and not as a project specific document for each property within the SPA, as part of the findings of the ROD, the Corps determined that for the Folsom South, Carpenter Ranch and Backbone Infrastructure projects, the Corps will prepare supplemental Environmental Asessments that tier from the EIR/EIS, which would only prepared following the receipt of a complete DA permit application and issuance of a public notice.

Environmental Setting:

Folsom South (SPK-2006-00035): The proposed Folsom South site is an approximately 1,414 acre site located in the Sacramento Valley, in eastern Sacramento County. The topography of the eastern portion of the site is dominated by a series of more or less parallel hilltops and intervening valleys between 400 and 550 feet above mean sea level (MSL). Rolling topography and moderate to steep slopes typify the lower, western portions of the site and surrounding area. The elevations in the western portion of the site range from approximately 330 to 400 feet above MSL. The site is dominated by California annual grasslands, consisting of both native and non-native annual plant species, including Italian ryegrass (Lolium multiflorum), soft brome (Bromus horeaceus), medusa head (Taeniatherum caput-medusae), wild oat (Avena sp.), chick weed (Stellaria media), yellow star thistle (Centaurea solstitialis), barley (Hordeum murinum ssp. leprinum), and clover (Trifolium sp.). The majority of the site is currently utilized for livestock grazing. In the past, western portions of the site were mined for gold and other minerals. The Southern Pacific Railroad (SPRR) track bisects the site, but is no longer in use. The Folsom South site contains approximately 29.16 acres of waters of the U.S., consisting of:


Jurisdictional Wetlands/Waters Acres
Vernal Pool 0.384
Seasonal Wetland 1.189
Seasonal Wetland Swale 9.678
Seep 6.479
Marsh 0.061
Ephemeral Drainage 5.209
Intermittent Drainage 4.461
Ditch 0.145
Pond 1.551
Total: 29.16

Carpenter Ranch (SPK-2006-00984): The proposed Carpenter Ranch site is an approximately 1,024 acre site located in the Sacramento Valley, in eastern Sacramento County. The site is situated in the foothills on rolling to relatively flat terrain at an elevation of approximately 300 to 400 feet MSL. The western portion of the site contains various relic pits, tailing piles, and channels from historic gold mining operations are scattered throughout the site, and a power line right-of-way traverses the property from north to south. The majority of the eastern portion of the Carpenter Ranch site is dominated by California annual grasslands, and the western portion of the site consists of oak woodlands. The annual grasslands are dominated by wild oat, tarweed (Holocarpha virgata), perennial rye grass (Lolium perenne), little quaking grass (Briza minor), soft chess (Bromus mollis), and prickly lettuce (Lactuca serriola). On the west, the oak woodlands are dominated by and overstory of live oak (Quercus wislizenii), valley oak (Quercua lobata), blue oak (Quercua douglasii), and an understory of dogtail (Cynosurus echinatus), tarweed, soft chess, hairy hawkbit (Leontodon leysseri), and perennial rye grass. The proposed Carpenter Ranch site contains approximately 27.45 acres of waters of the U.S., including:

Jurisdictional Wetlands/Waters Acres
Vernal Pool 1.146
Seasonal Wetland 0.123
Seasonal Wetland Swale 8.906
Seep 1.496
Marsh 0.092
Creek/Channel 14.331
Ditch 1.355
Total: 27.45

Backbone Infrastructure (SPK-2007-02159): The proposed Backbone Infrastructure Project area is located in the Sacramento Valley, in eastern Sacramento County. The backbone infrastructure area is comprised of rolling hills at an elevation of approximately 240 to 800 feet MSL. Large areas of oak woodlands are located in the western portion of the backbone infrastructure area, while the remainder of the site consists primarily of annual grasslands. The oak woodlands are dominated by an overstory of live oak, valley oak, blue oak, and an understory of dogtail, tarweed, soft chess, hairy hawkbit, and perennial rye grass. The annual grasslands are dominated by wild oat, tarweed, perennial rye grass, Italian rye grass, little quaking grass, soft chess, prickly lettuce, soft brome, medusa head, chick weed, yellow star thistle, barley, and clover. The proposed Backbone Infrastructure project area contains approximately 13.651 acres of waters of the U.S., including:

Jurisdictional Wetlands/Waters On-Site Waterss Off-Site Waters Total Waters
Vernal Pool 0.624 0.316 0.940
Seasonal Wetland 1.231 0.061 1.292
Seasonal Wetland Swale 4.930 0.055 4.985
Seep 0.617 0.000 0.617
Marsh 0.017 1.440 1.457
Creek/Channel 1.181 0.426 1.607
Intermittent Drainage 1.494 0.044 1.538
Ditch 0.356 0.007 0.363
Pond 0.852 0 0.852
Total: 11.302 2.349 13.651


Alternatives: The applicants for the Folsom South, Carpenter Ranch, and Backbone Infrastructure project have submitted alternatives information, which is attached to this Public Notice. 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 applicants for the Folsom South project have proposed to avoid approximately 17.29 acres of waters of the U.S. on the site through the creation of a wetland preserve. In addition, the applicants for the Carpenter Ranch project have proposed to avoid approximately 14.72 acres of waters of the U.S. on the site through the creation of a wetland preserve. In order to compensate for the loss of waters of the U.S. on the Folsom South site, Carpenter Ranch site, and Backbone Infrastructure area, the applicants have proposed to purchase credits from a Corps approved mitigation bank at a ratio of 1:1.

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 these projects. The applicants have indicated they have applied for certification.

HISTORIC PROPERTIES: Based on the available information potentially eligible cultural resources may be affected by the proposed project. On July 6, 2011, the Corps and State Historic Preservation Officer (SHPO) entered into a Programmatic Agreement (PA) for the SPA. The Corps will ensure compliance with Section 106 of the National Historic Preservation Act through implementation of the PA, including initiating consultation with the SHPO, as appropriate.

ENDANGERED SPECIES: The proposed activity may affect Federally-listed vernal pool fairy shrimp (Branchinecta lynchi), vernal pool tadpole shrimp (Lepidurus packardi) and Valley elderberry longhorn beetle (Desmocerus californicus dimorphus). The Corps initiated consultation with the U.S. Fish and Wildlife Service on December 6, 2010 for impacts of the SPA on endangered or threatened species, pursuant to Section 7 of the Endangered Species Act.

ESSENTIAL FISH HABITAT: The proposed project will not 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 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-2007-02159 must be submitted to the office listed below on or before February 14, 2013

Lisa Gibson, Project Manager
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350
Sacramento, California 95814-2922
Email: Lisa.M.Gibson2@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 Lisa Gibson, 916-557-5288, Lisa.M.Gibson2@usace.army.mil.

Attachments:

10 drawings

December 18, 2012 Updated Folsom South Section 404(b)(1) Alternatives Analysis (SPK-2006-00035), prepared by Foothill Associates

October 26, 2010 Section 404(b)(1) On-Site Alternatives Analysis for Carpenter Ranch, City of Folsom, California, prepared by ECORP Consulting, Inc.

September 9, 2012 Section 404(b)(1) On-Site Alternatives Analysis for Folsom Plan Area Specific Plan – Backbone Infrastructure, City of Folsom, California, prepared by ECORP Consulting, Inc.