image - a family of ducks at Pine Flat Lake

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.

Sign Up for Public Notices

Mailing lists are categorized by county and state. For instructions to be added to a Public Notice notification list, see

SPK-2005-00325, Silver Springs East (Lot P), Sacramento County, CA

Published May 16, 2016
Expiration date: 6/16/2016
Comments Period: May 17, 2016 – June 16, 2016 

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Silver Springs East (Lot P) project, which would result in impacts to approximately 2.63 acres of waters of the United States, including wetlands adjacent to Laguna Creek. 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: AKT Silver Springs, LLC., Attn: Mr. Ron Bertolina, 7700 College Town Drive, Suite 101, Sacramento, California 95826-2397

AGENT: Foothill Associates, Attn: Ms. Kyrsten Shields, 590 Menlo Drive, Suite 5, Rocklin, California 95765

LOCATION: The approximately 92-acre project site is located immediately northwest of the intersection of Excelsior Road and Calvine Road, adjacent to the City of Elk Grove, Latitude 38.45850° North, Longitude 121.29825° West, Sacramento County, California, and can be seen on the Elk Grove, California USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to place approximately 8,486 cubic yards of clean fill material into 2.63 acres of waters of the United States, including 0.02 acres of depressional seasonal wetlands, 2.12 acres of vernal pools, 0.08 acres of irrigated wetlands, and 0.41 acres of riverine seasonal wetlands, for the construction of a residential development. The proposed project would result in the construction of 57 single-family residences and associated infrastructure (internal access roads and utilities), a landscape corridor adjacent to Excelsior Road, and an equestrian trail parallel to the northern preserve boundary. The proposed project would utilize existing off-site infrastructure, including existing water lines located in Excelsior Road and Calvine Roads, existing sewer mains located immediately west of the project site, and existing storm water drainage improvements located west of the project site. The storm water drainage improvements would provide conveyance for storm water drainage collected from an approximately 400-acre watershed immediately east of the project site. The proposed project would also involve the preservation of 8.31 acres of waters of the U.S. within the site, including 0.11 acre of depressional seasonal wetlands, 7.00 acres of vernal pools, 0.01 acre of irrigated wetlands, and 1.19 acres of riverine seasonal wetlands. 

The Corps has not made a determination on the overall project purpose. The applicant’s stated purpose is to “construct a low density single-family residential development consistent with the project site’s land use designation in the Sacramento County General Plan, providing for a complementary extension of the Silver Springs community while relying on existing infrastructure including water/sewer utilities; as well as preserving a majority of the on-site aquatic resources, and accommodating future County anticipated road right-of-way and a regional multi-use trail.” The applicant believes there is a need to construct a low-density residential development. 


Background Information. The Silver Springs East project proposal is related to the Silver Springs Development project (formerly Country Creek Estates) which has a project history dating back to 1984. 

Since 1990, the fill of approximately 5.96 acres of waters of the United States within the Silver Springs Development project site has been authorized by Nationwide Permits. In order to meet the terms of Nationwide Permit Number 26, AKT Development offered to avoid all impacts to waters of the United States on Lot P, the proposed project site. The Corps’ previous Nationwide permit authorization relied upon the Lot P site being avoided and maintained as wetland and wildlife habitat in perpetuity, as it contained some of the densest and highest quality wetlands on the large 1100-acre project site. The U.S. Environmental Protection Agency (EPA) has characterized these wetlands as Aquatic Resources of National Importance (ARNIs). In April 1998, AKT Development recorded a U.S. Fish and Wildlife Service (FWS) approved Declaration of Restrictions document on the proposed project site. 

In December 1999, the applicant applied for a Corps permit to fill the 10.78 acres of waters of the U.S. on the site (i.e., all waters of the U.S. contained within the site) for a residential development. In August 2003, the Corps determined that the proposed project was not the least environmentally damaging practicable alternative, and that the proposed discharges did not comply with EPAs Section 404(b)(1) Guidelines, and that it would be contrary to the public interest to issue a permit to develop this site. Based on these determinations, the Corps denied a permit to the applicant to fill the wetlands as proposed. Previous land use entitlements required the site to be maintained as open space. 

In May 2005, the applicant submitted a permit application for a nearly identical project as that applied for in 1999, proposing to fill all waters of the U.S. on the site for the construction of 82 single-family homes, associated roads and infrastructure. A public notice was issued on the proposal on December 8, 2005. On August 14, 2008, the applicant was notified that, based on the previous permit decision for a nearly identical project, it was unlikely that a permit would be issued for the proposed project, as it appeared as though the project was not the least environmentally damaging practicable alternative under EPA’s Section 404(b)(1) Guidelines and that it appeared as though the project may be contrary to the public interest. In a September 12, 2008, response, the applicant stated the intent to modify the permit application. The permit application was subsequently withdrawn on December 8, 2008, pending receipt of a revised permit application and project description.

A subsequent permit application was submitted in April 2011, for the discharge of fill material into 2.25 acres of waters of the U.S. for the construction of 59 single-family residences and associated infrastructure. The permit application was subsequently withdrawn, pending receipt of additional information related to compliance with Section 7 of the Endangered Species Act, Section 106 of the National Historic Preservation Act, the Section 404(b)(1) Guidelines and additional proposed compensatory mitigation information. 

On October 21, 2015, the Corps conducted a preliminary jurisdictional determination on the proposed project site, identifying that the site now contains approximately 10.93 acres of aquatic resources, consisting of 9.12 acres of vernal pools, 0.13 acre of depressional seasonal wetlands, 0.09 acre of irrigated wetlands, and 1.59 acres of riverine seasonal wetlands which are potential waters of the United States regulated under Section 404 of the Clean Water Act.

Environmental Setting. The proposed project site is an irregularly-shaped parcel encompassing approximately 85 acres which abuts and provides a connected corridor with a Laguna Creek wetland mitigation area adjacent to rural residential parcels along its northern boundary. The site is bounded on the east and south by Excelsior and Calvine Roads, respectively, and predominantly rural residential areas, and on the west by the Silver Springs residential development. 

The proposed project site is generally level to gently rolling, and drains primarily from east to west. The site receives drainage flow from the east through culverts beneath Excelsior Road and from roadside collector ditches. The predominant plant community on site is annual grassland, including non native grasses and forbs. The site supports a vernal pool and seasonal wetland drainage swale complex which contains native and non native wetland plant species, as well as characteristic vernal pool invertebrate and amphibian populations. There is no woody vegetation on the project site. Historically, this land and adjacent developed areas were used for grazing. However, the applicant has indicated no significant livestock grazing has occurred on the proposed project site for years. 

Approximately 10.93 acres of waters of the U.S. occur on the proposed project site, including 0.13 acre of depressional seasonal wetlands, 9.12 acres of vernal pools, 0.09 acre of irrigated wetlands, and 1.59 acres of riverine seasonal wetlands. 

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 create an approximately 49.9-acre preserve containing 8.31 acres of waters of the U.S. The applicant has proposed to utilize the preservation as compensatory mitigation, and to implement improvements to enhance the functions and services of the preserved waters, consisting of:

1. Creation of stormwater swales to intercept runoff from existing and proposed development in order to prevent nuisance water from entering the vernal pool complexes and changing their natural hydrologic regime;

2. Creation of small water quality ponds to treat runoff from the middle culvert under Excelsior Road, as well as water intercepted by the stormwater swales;

3. Clean-up of debris, primarily yard waste, that has been known to be placed over the backyard fences in the existing development;

4. Conduct signage and fencing repairs to restrict equestrian access to the preserve; and

5. Establishment of annual grazing within the Preserve to manage invasive species and create additional micro-topography in vernal pools. 

As a result of the above-described actions, the applicant has proposed compensatory mitigation as follows: enhancement of 7.00 acres of vernal pools, enhancement of 1.19 acres of seasonal wetlands, and creation of 0.59 acres of water quality ponds. The applicants proposed compensatory mitigation proposal is included as Attachment B of this public notice.\

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Central Valley Regional Water Quality Control Board is required for this project. The applicant has not indicated they have applied for certification.

HISTORIC PROPERTIES: The applicant has not submitted information regarding cultural resources within the project’s area of potential effect. 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. No critical habitat would be affected. Some vernal pools on the project site are known to contain vernal pool tadpole shrimp (Lepidurus packardi) and vernal pool fairy shrimp (Branchinecta lynchi), species listed under the federal Endangered Species Act. Sacramento Orcutt grass (Orcuttia viscida), also listed under the federal Endangered Species Act, is known to occur in the vicinity of the proposed project site but has not been specifically located on the project site. A Biological Opinion was issued by The U.S. Fish and Wildlife Service on November 19, 2002, for the project previously denied authorization by the Corps. In addition, the Corps initiated consultation with the U.S. Fish and Wildlife Service on April 10, 2007 for potential effects to the Federally-listed California tiger salamander (Ambystoma californiense). This consultation was never completed due to the withdrawal of the permit application. The Corps will re-initiation 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-2005-00325 must be submitted to the office listed below on or before June 16, 2015.

Lisa Gibson, Regulatory Permit Specialist 
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1350 
Sacramento, California 95864 

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' regulatory permit specialist Lisa Gibson, 916-557-5288,


Attachment A: 3 drawings 
Attachment B: May 9, 2016, Mitigation Strategy for Silver Springs East (SPK-2005-00325)