Comments Period: October 28, 2016– November 27, 2016
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct an additional phase of the Gold Creek Estates Subdivision Project, Unit 3,which would result in impacts to approximately 1.97 acres of waters of the United States, including wetlands, which are tributary to Cosgrove 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 into waters of the United States.
APPLICANT: CRV Enterprises, Mr. Ryan Voorhees, 801 Briarwood Street, Weatherford, Texas 76087-9398
LOCATION: The approximately 42.0-acre project site is located on tributaries to Cosgrove Creek, in Sections 24 and 25, Township 4 North, Range 10 East, MDB&M, Latitude 38.1764737566032°, Longitude -120.830113800464°, Valley Springs, Calaveras County, California, and can be seen on the CA-VALLEY SPRINGS USGS Topographic Quadrangle.
PROJECT DESCRIPTION: Based on the available information, the overall project purpose is to construct houses. The applicant is proposing to construct another phase of the subdivision of Gold Creek Estates. The applicant believes there is a need for these houses in Valley Springs, Calaveras County, California. The applicant proposes to fill approximately 1.97 acres of waters of the United States, all of the waters within the project site, with the construction of this phase of the development. The applicant proposes to use 10,250 cubic yards of clean fill dirt to complete the project. The attached drawings provide additional project details.
ADDITIONAL INFORMATION:
Environmental Setting. There are approximately 1.97 acres of wetlands and other waters of the United States within the project area. The waters of the United States within the site include two tributaries to Cosgrove Creek, an on-stream detention basin, a tributary with a seep and riparian habitat, and associated seasonal wetlands. Portions of this project site were initially impacted in 2003 with the construction of the earlier sections of the subdivision. The project site is surrounded by earlier phases of the subdivision to the west and an oak woodland to the east and south of the project site. The site includes 1.28 acres of detention basin (including 0.09 acres of stream) with seasonal wetlands, 0.51 acres of seasonal wetlands including a seep and riparian habitat, and 0.18 acres of intermittent creeks. The two tributaries on-site flow into Cosgrove Creek. Cosgrove Creek is an undammed stream that is tributary to the Calaveras River.
Alternatives. The applicant has not provided information concerning project alternatives. The applicant has stated that due to the phasing of the project, and the topographic constraints of the site that waters of the United States cannot be avoided. 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 0.78 acres of wetland creation credits at a Corps’ approved mitigation bank at a 1:1 ratio. The 0.78 acres is made up of the 0.51 acres of seasonal wetlands, 0.18 acres of tributary, and 0.09 acres of tributary within the detention basin, but not the rest of the 1.19 acres of on-stream detention basin itself. The applicant proposes that this mitigation will cover the impacts to the waters of the United States on-site. The applicant also proposes to mitigate with land preservation of 0.78 acres within the same watershed at a preservation area off of Paloma Road in Calaveras County.
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 is required for this project. The applicant has not indicated they have applied for certification at this time.
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-2003-00199 must be submitted to the office listed below on or before November 27, 2016.
Kathy Norton, Sr. Project Manager
US Army Corps of Engineers, Sacramento District
Regulatory Division
1325 J Street, Room 1350
Sacramento, California 95814-2922
Email: Kathy.Norton@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 the applicant; the applicant’s consultant, Moore Biological Consultants, 209-745-1159; or the Corps' project manager Ms. Kathy Norton, 916-557-5260, Kathy.Norton@usace.army.mil.
Attachments: 6 drawings