Comments Period: October 10, 2014 – November 10, 2014
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Orchard at Penryn Development project, which would result in the loss of approximately 0.414 acres of waters of the United States, including riparian wetlands and approximately 450 linear feet of intermittent streams tributary to Secret Ravine. This notice is to inform interested parties of the proposed activity and to solicit comments. This
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: Mike Mahoney, Penryn Development, LLC, 3990 Ruffin Road, Suite 100, San Diego, California 92123-4805
LOCATION: The 15.1-acre site is located on unnamed tributaries of Secret Ravine in Section 2, Township 11 North, Range 7 East, Mount Diablo Meridian, Latitude 38.839012°, Longitude -121.170929°, Penryn, Placer County, California, and can be seen on the CA-ROCKLIN USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to construct 150 residential units, 375 parking spaces, a 3,800-square foot recreation center, associated roads and other infrastructure. Based on the available information, the overall project purpose is to construct a small residential development in western Placer County. The applicant believes there is a need to provide additional housing in Placer County. Due to the presence of elevated levels of pesticide residuals in the on-site soils, development of the site would require site remediation to remove or contain the hazardous materials. The applicant proposes to remove 11,600 cubic yards of contaminated soil from 7.11 acres of the project site. Soil excavation in these areas would be between 12 and 24 inches. Prior to site grading, 23,600 cubic yards of soil would be imported to the site. The attached drawings provide additional project details.
Environmental Setting. There are approximately 0.531 acres of wetlands and other waters within the project area, including 0.08 acres or 798 linear feet of intermittent streams, 0.255 acres of seasonal wetlands, and 0.196 acres of wetland swales. The site is characterized by annual grassland and oak woodland habitats interspersed with streams and a wetland swale. The primary intermittent stream flows north to south in the central portion of the project and is joined by the other intermittent stream, which flows northwest to southwest, near the center of the project site. The wetland swale is on the east of the property, along Penryn Road, and flows north to south through the property before joining with the intermittent stream off-site. The intermittent stream reaches and the eastern wetland swale all have relatively extensive and mature riparian communities.
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 would require compensatory mitigation. The applicant has proposed to mitigate for the loss of waters of the U.S. by purchasing seasonal wetland credits at a 1:1 ratio from the Toad Hill Ranch Mitigation Bank in Placer County.
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 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 may adversely affect Essential Fish Habitat. The Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.
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-2007-00019 must be submitted to the office listed below on or before November 10, 2014
William Ness, 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 Ness, 916-557-5268, William.W.Ness@usace.army.mil.
Attachments: 4 drawings