SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Newport Pointe project, which would result in impacts to approximately 0.47 acres of waters of the United States, including wetlands, adjacent to Kellogg Creek and Indian Slough. 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: John Simonse
Newport Pointe LLC
1355 Willow Way, #261
Concord, California 94520
LOCATION: The 21.33-acre site is located near Kellogg Creek and Indian Slough, in Section 26, Township 1 North, Range 3 East, Mount Diablo Meridian, Latitude 37.90215°, Longitude -121.61968°, Discovery Bay, Contra Costa County, California, and can be seen on the CA-WOODWARD ISLAND USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to construct a 67 residential unit subdivision with associated infrastructure, open space and a dog park. Project construction would result in the filling of 0.47 acre of wetlands. The project would qualify for verification under Nationwide Permit 29 Residential Developments. However due to cumulative impacts to the Sacramento/San Joaquin Delta the Sacramento District has revoked the use of Nationwide Permits numbers 29 Residential Developments and 39 Commercial and Institutional Developments within the Legal Delta. Based on the available information, the overall project purpose is to construct a small residential subdivision. The attached drawings provide additional project details.
Environmental Setting: There are approximately 1.36 acres of seasonal wetlands within the project area. The site is a relatively level fallow agricultural field and supports ruderal grasses and shrubs. There is residential development to the north and the Discovery Bay development is on the east border of the project site. Low density housing lies to the west of the project site with open agricultural fields to the south. Electric power transmission lines bisect the western edge of the site.
Alternatives: The applicant has not 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 wetland credits at the Consumnes Floodplain Mitigation Bank at a ratio of 2:1.
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: 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 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 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-2006-00554 must be submitted to the office listed below on or before February 21, 2014.
William Guthrie, 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 William Guthrie, 916-557-5269, William.H.Guthrie@usace.army.mil.