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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-2012-01323, Peery Property, near Lincoln, Placer County, CA

Published Feb. 17, 2016
Expiration date: 3/2/2016

Comments Period: February 17, 2016 – March 2, 2016 

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct a residential and commercial project on the Peery Property, which would result in direct and indirect impacts to approximately 7.5 acres of waters of the United States, including wetlands, adjacent to Auburn Ravine. 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: Perry-Arrillaga, Attn: Mr. Richard Peery, 2450 Watson Court, Palo Alto, California 94303-3216, (650) 618-7000 

AGENT: Cardno, Attn: Ms. Shannon Karvonen, 701 University Avenue, Suite 200, Sacramento, California 95825, (916) 386-3848, Email: 

LOCATION: The 114-acre site is located in Section 17, Township 12 North, Range 6 East, on the Lincoln U.S. Geological Survey (USGS) 7.5 minute topographic quadrangle map, east of Nelson Lane and north of Highway 65 bypass, Latitude 38.887160°, Longitude -121.331788°, near Lincoln, Placer County, California.

PROJECT DESCRIPTION: The applicant is proposing to construct a mixed use development and associated infrastructure, including 35.6 acres of commercial buildings, 64.8 acres of low density residential development (5.0 dwelling units/acre), 1.1 acre of roadways, 2.6 acres of parkland, and 9.5 acres of general open space and landscape corridors near the City of Lincoln. 

The proposed project would result in the discharge of fill material into to approximately 5.453 acres of waters of the U.S., including 3.402 acres of seasonal wetlands, 1.964 acres of seasonal wetland swale, < 0.0005 acres of wet meadow, 0.057 acre of open water ditch, and 0.03 acre of ephemeral stream.

Based on the available information, the overall project purpose is to construct a mixed-use development within the City of Lincoln. The applicant believes there is a need to help meet the City of Lincoln’s housing demand. The attached drawings provide additional project details.


Environmental Setting. There are approximately 7.813 acres of seasonal wetlands, wetland swales, irrigation pond, and other waters (ditch, ephemeral drainage, and Auburn Ravine) within the project area. The site, which has been generally leveled and historically farmed, is dominated by annual upland grassland species and typical wetland plants.

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 avoid impacts to 0.358 acre of irrigation pond, 1.687 acres of wet meadow, and 0.315 acre of perennial stream within a general open space area located in the southeastern most quadrant of the site. For compensation of unavoidable impacts to aquatic resources, the applicant is proposing to purchase wetland mitigation credits at a Corps approved mitigation bank.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the California 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 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 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-2012-01323 must be submitted to the office listed below on or before March 2, 2016.

Leah M. Fisher, Senior Regulatory 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’s agent above or the Corps' regulatory project manager, Ms. Leah Fisher, 916-557-6639,

1) Site Map and Vicinity
2) Aquatic Resource Impacts Map
3) Site Plan