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[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63910-63911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26587]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

Intent To Prepare a Draft Environmental Impact Statement for the 
Proposed Excelsior Estates Project in Sacramento County, CA, Corps 
Permit Application Number SPK-2004-00790

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD.

ACTION: Notice of Intent.

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SUMMARY: The U.S. Army Corps of Engineers, Sacramento District, (Corps) 
received a complete Department of the Army permit application from 
Tsakopoulos Investments (applicant) to fill 39.81 acres of waters of 
the United States to construct the proposed Excelsior Estates Project 
in Sacramento County, CA, in June 2010. The Corps, as the lead agency 
responsible for compliance with the National Environmental Policy Act 
(NEPA), determined that the proposed project may result in significant 
impacts to the environment, and that the preparation of an 
Environmental Impact Statement (EIS) is required.
    The applicant proposes to construct a mixed-use community including 
residential, commercial, office, schools, parks and open space land 
uses. The residential component of the proposed community would include 
approximately 4,400 single- and multi-family units, varying in density. 
The proposed project would also involve 57 acres of commercial and 
office uses, as well as two elementary schools and a combined middle 
school and high school on 102 acres. A proposed community park would be 
constructed on 20 acres and three neighborhood parks would be 
constructed on 31 acres. The proposed project would also involve the 
preservation of 123 acres on the eastern portion of the site, 
containing Morrison Creek and adjacent wetlands. The applicant also 
proposes to construct approximately 30 acres of drainageways and 
greenbelts. Finally, the proposed project would involve the 
construction of on-site and off-site infrastructure, consisting of 
roads and utility lines, including road extensions along Keifer 
Boulevard, Excelsior Road and the Jackson Highway.
    The project site is approximately 862 acres and contains 39.81 
acres of waters of the U.S. In addition, the site also contains 13.61 
acres of isolated, intrastate waters that are not subject to Corps 
jurisdiction, which may contain suitable habitat for Federally listed

[[Page 63911]]

threatened and/or endangered species. The proposed project would 
involve the discharge of fill material into approximately 28.77 acres 
of waters of the United States, and the preservation of 11.04 acres of 
waters of the U.S. The proposed project would also involve the 
placement of fill material into 13.61 acres of isolated waters. The 
proposed project may also have indirect impacts on other waters of the 
U.S.

DATES: The Corps will conduct a public scoping meeting that will be 
held on Wednesday, November 2, 2011 from 5 p.m. to 7 p.m.

ADDRESSES: The scoping meeting will be held at Rancho Cordova City 
Hall, located at 2729 Prospect Park Drive, Rancho Cordova, CA 95670.

FOR FURTHER INFORMATION CONTACT: Ms. Lisa Gibson, (916) 557-5288, e-
mail: lisa.m.gibson2@usace.army.mil.

SUPPLEMENTARY INFORMATION: Interested parties are invited to submit 
written comments on the permit application on or before December 13, 
2011. Scoping comments should be submitted within the next 60 days, but 
may be submitted at any time prior to publication of the Draft EIS. To 
submit comments on this notice or for questions about the proposed 
action and the Draft EIS, please contact: Lisa M. Gibson, U.S. Army 
Corps of Engineers, 650 Capitol Mall, Suite 5-200, Sacramento, CA 
95814-4708. Parties interested in being added to the Corps' electronic 
mail (e-mail) notification list for the proposed project can e-mail a 
request to spk-regulatory-info@usace.army.mil and indicate which list 
you would like your e-mail address to be added. Please refer to 
Identification Number SPK-2004-00790 in any correspondence.
    The proposed Excelsior Estates Project site is located in 
unincorporated eastern Sacramento County. The site is bordered on the 
north by Keifer Boulevard, on the south by Jackson Highway and on the 
west by Excelsior Road. The proposed project site is located within 
portions of Sections 23, 24, 25 and 26, Township 8 North, Range 6 East, 
Latitude 38.52393[deg] North, Longitude 121.27833[deg] West, Mount 
Diablo Meridian.
    Approximately 39.81 acres of waters of the United States are 
present within the proposed project area. These waters include 21.99 
acres of vernal pools, 5.27 acres of seasonal wetlands, 11.08 acres of 
perennial marsh, 1.19 acres of intermittent drainage, including 
Morrison Creek, and 0.28 acres of ditches. These areas are subject to 
the Corps' jurisdiction. The site also contains 13.61 acres of isolated 
aquatic habitat, which are not subject to Corps jurisdiction but will 
be evaluated in the EIS, including 5.80 acres of vernal pools, 2.51 
acres of seasonal wetlands, 0.23 acres of ephemeral drainage, a 5.04 
acre stock pond and 0.03 acres of ditches. Approximately 630 acres of 
the 862 acre project site has been designated by the U.S. Fish and 
Wildlife Service (USFWS) as critical habitat for the Federally listed 
vernal pool fairy shrimp (Branchinecta lynchi), vernal pool tadpole 
shrimp (Lepidurus packardi), Sacramento Orcutt grass (Orcuttia viscida) 
and slender Orcutt grass (Orcuttia tenuis).
    The EIS will include alternatives to the Proposed Action that will 
meet NEPA requirements for a reasonable range of alternatives, and will 
also meet the requirements of CWA Section 404(b)(1) Guidelines. The 
alternatives to be evaluated within the EIS have not yet been 
developed, but will, at a minimum, include the No Action Alternative, 
the Proposed Project Alternative, additional on-site alternatives, and 
off-site alternatives.
    Sacramento County will be the lead agency responsible for 
compliance with the California Environmental Quality Act (CEQA) and 
will prepare an Environmental Impact Report (EIR). The Corps is 
anticipating that Sacramento County will agree to develop a joint EIS/
EIR with the Corps.
    The Corps' public involvement program includes several 
opportunities to provide verbal and written comments on the proposed 
Excelsior Estates Project through the EIS process. Affected federal, 
state, and local agencies, Native American tribes, and other interested 
private organizations and parties are invited to participate. 
Potentially significant issues to be analyzed in depth in the EIS 
include loss of waters of the United States (including wetlands), and 
impacts related to cultural resources, biological resources, including 
Federally listed threatened and/or endangered species, air quality, 
hydrology and water quality, noise, traffic, aesthetics, utilities and 
service systems, and socioeconomic effects.
    The Corps will initiate formal consultation with the USFWS under 
Section 7 of the Endangered Species Act for impacts to listed species 
that may result from the proposed project. The Corps will also consult 
with the State Historic Preservation Office under Section 106 of the 
National Historic Preservation Act for properties listed or potentially 
eligible for listing on the National Register of Historic Places, as 
appropriate.
    The Draft EIS is expected to be made available to the public in the 
summer of 2012.

    September 16, 2011.
William J. Leady,
Colonel, U.S. Army District Engineer.
[FR Doc. 2011-26587 Filed 10-13-11; 8:45 am]
BILLING CODE 3720-58-P
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