SPK-2006-01050 - Proposed RGP - SVSP, Placer County, CA

Comments Period: February 12, 2016 – February 27, 2016 

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is proposing to issue Regional General Permit (RGP) X (number to be determined) for the Sierra Vista Specific Plan Infrastructure. This notice is to inform interested parties of the proposed revised RGP and to solicit comments. 

AUTHORITY: This RGP 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.

LOCATION: This RGP is restricted to the SVSP project area, plus those areas in which an out-of-plan area component of the backbone infrastructure will be constructed. The 1,620-acre SVSP is located in the western portion of the City of Roseville, west of Fiddyment Road, and north of Baseline Road, in Placer County, California (see Figure 1).

ACTIVITIES AUTHORIZED: The RGP would authorize specific structures and work associated with construction of the backbone infrastructure associated with the SVSP project. The RGP does not authorize any work other than that backbone infrastructure and does not authorize any changes in the scope or nature of that backbone infrastructure. The attached Draft RGP contains a description of the proposed terms and conditions.

ADDITIONAL INFORMATION: 

Background. In 2004, the City of Roseville (City) annexed the West Roseville Specific Plan (WRSP) Area immediately north of the project site. At that time the boundary of the City’s Sphere of Influence (SOI) was adjusted to align with that of the 5,500-acre (2,226-hectare) “Transition Area” between the City and Placer County. The Transition Area identified an area that was likely to develop in the future given its proximity to existing services and infrastructure and had been defined in 1997 to foster cooperative land use planning under the terms of a Memorandum of Understanding (MOU) between the City and County. The majority of the SVSP site is located within this MOU area. SACOG’s Preferred Blueprint Scenario—adopted in December 2004 to promote compact mixed-use development and increased use of transit as an alternative to low-density “sprawl”—also identified the project site as appropriate to accommodate growth. In this context, the City envisions the SVSP, as completing the unfinished comprehensive planning process for the project site, in order to “implement a large-scale, mixed-use, mixed-density master planned community in the City consistent with the City’s General Plan and Growth Management Guiding Principles related to new development west of Roseville and the City’s Blueprint Implementation Strategies. In May 2010, the City of Roseville approved the SVSP and certified an Environmental Impact Report (EIR) for the specific plan area. This EIR was the basis for Placer County LAFCO to approve the annexation of the entire SVSP site in January 2012. The entire SVSP site is now within the Roseville City limits.

Applications were received for all projects within the Sierra Vista Specific Plan on September 27, 2006. Complete applications for Department of the Army permits under Section 404 of the Clean Water Act (CWA) were obtained by July 6, 2012. 

On February 29, 2008, the U.S. Army Corps of Engineers, Sacramento District, (Corps) determined an EIS would be prepared due to the potential for significant effects on biological resources, air quality, hydrology and water quality, agricultural resources, traffic and aesthetics. Scoping for the EIS began on March 28, 2008, with publication of a Notice of Intent to Prepare an EIS in the Federal Register (Federal Register Vol. 73, No. 61). The Corps held a scoping public meeting on April 16, 2008 at the City of Roseville Civic Center, 311 Vernon Street, Roseville, California. The U.S. Environmental Protection Agency (EPA) agreed to be a cooperating agency on the preparation of the EIS. The EIS was prepared at a geographic level of analysis, as the project-level information on the site alternatives were not available for each project within the SVSP. The RGP was analyzed at the project level.

On July 20, 2012, a Draft EIS was issued by the Corps. A Notice of Availability was published in the Federal Register on July 20, 2012 (Federal Vol. 77, No. 140). 

The Corps issued a Final EIS in June 2013. A Notice of Availability was published in the Federal Register on June 7, 2013. A public notice announcing the Final EIS, as well as the proposed RGP was issued on June 7, 2013. Since the June 7, 2013, the proposed RGP has been revised. Because of the proposed revisions, the proposed RGP is being released for review and public comment. 

OTHER GOVERNMENTAL AUTHORIZATIONS: A programmatic water quality certification or a waiver, as required under Section 401 of the Clean Water Act was received from the Central Valley Regional Water Quality Control Board on October 6, 2015 (WDID #5A31CR00364). 

HISTORIC PROPERTIES: The Corps has determined that the proposed RGP would have no effect on potentially eligible cultural resources and has consulted with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

ENDANGERED SPECIES: The project would affect the Federally-listed vernal pool fairy shrimp (Branchinecta lynchi) and their critical habitat that are protected by the Endangered Species Act. The U.S. Fish and Wildlife Service has issued biological opinions for the effects of the proposed RGP on this species on May 5, 2015, and December 21, 2015. 

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-2006-01050 must be submitted to the office listed below on or before February 27, 2016.

Nancy Arcady Haley, Chief, California North Branch

Email: Nancy.A.Haley@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 Nancy A. Haley, 916-557-7731, Nancy.A.Haley@usace.army.mil. 

Attachments: Proposed RGP