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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, Village of Marble Valley Specific Plan project, El Dorado County, CA

Published Oct. 21, 2013
Expiration date: 11/20/2013


SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Village of Marble Valley Specific Plan project, which would result in impacts to approximately 6.029 acres of waters of the United States, including an approximately 1.722 acres of drainages and drainage ditch, 0.640 acre of Deer Creek, 0.846 of Marble Creek, 1.886 acres of wetlands and seeps, and 0.935 acre of quarry pond. This notice is to inform interested parties of the proposed activity and to solicit comments. 

AUTHORITY: This application is being evaluated under and Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

APPLICANT: Mr. Kirk Bone, Marble Valley Company, LLC, 4525 Serrano Parkway, El Dorado Hills, California 95762

LOCATION: The 1,875-acre site is in Section 22, Township 9 North, Range 9 East, Mount Diablo Meridian, Latitude 38.63256°, Longitude -121.00332°, El Dorado Hills, El Dorado County, California, and can be seen on the CA-Shingle Springs USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant proposes to construct a mixed-use residential and commercial development to include approximately 3,236 residential units, approximately 475,000 square feet of retail and commercial uses, public facilities (2 schools, public and private parks), approximately 42 acres of vineyards, approximately 73 acres of new road and future right-of way, and approximately 786 acres of preserved natural open space. Based on the available information, the overall project purpose is a mixed-use residential and commercial development. The applicant believes there is a need to provide a mixed-use development within south western portion of El Dorado County and north eastern portion of Sacramento County.


    Environmental Setting. There are approximately 30.058 acres of other waters of the U.S. (drainage, creeks, ponds and ditches) and approximately 5.735 acres of wetlands (wetlands and seeps) within the project area.  The site is characterized by rolling to steep foothill terrain with rocky outcrops. Elevation on-site ranges from approximately 700 to 1,200 feet above mean sea level.  The dominant vegetation community within the project site is blue oak woodland, with riparian vegetation along Marble and Deer Creeks.  The site also contains areas of white leaf manzanita chaparral located on many of the hill slopes, blue oak savannah where oak canopy is sparse, and annual grassland.  Marble Creek flows southeast from the northern boundary of the site to the southern boundary where it joins Deer Creek and exits the site to the southwest. 

    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 project related impacts by off-site replacement waters of U.S. to achieve no net loss of functions and values.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Regional Water Quality Control Board, Central Valley Region, is required for this project. The applicant has indicated they have applied for certification.

HISTORIC PROPERTIES: Based on the available information, 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 will 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-2012-00209 must be submitted to the office listed below on or before November 20, 2013.

Mr. Peck Ha, 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 Peck Ha, 916-557-6617,

Attachments: 2 drawings (Figure 1. Project Location and Vicinity, and Figure 4. Proposed Avoidance and Impact Plan)