SPN-2016-00403 Dublin Fallon 580 Development Project

TO WHOM IT MAY CONCERN: The San Francisco District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344)). The purpose of this public notice is to solicit comments from the public regarding the work described below:

APPLICANT: Wooi See GH PacVest, LLC 2800 Post Oak Boulevard Suite 5115  Houston, Texas 77056

AGENT: Naomi Schowalter Integral Consulting Inc. 433 Visitacion Ave Brisbane, California 94005

WATERWAY AND LOCATION:  The project would affect wetlands and waters of the United States associated with Alameda Creek. The project/review area is located at the eastern extent of the City of Dublin, east and north of Croak Road, 100 feet east of the intersection of Dublin Boulevard and Fallon Road in the Santa Rita land grant, 2 S Township, 1 E Range; at Latitude 37.705162 and Longitude -121.845878; in Dublin, Alameda County, California.

EXISTING CONDITIONS: The project site is currently undeveloped grasslands with 4.43 acres of wetlands and other waters of the United States. It is used primarily for cattle grazing.         

PROJECT PURPOSE:

Basic: To construct a mixed-use development.

Overall:  To construct a mixed-use development within the Tri-Valley area that results in the development of approximately 240 townhome units, one million square feet of commercial/office floor space, a community park, associated infrastructure (roads, utilities), and two open space areas, which will help alleviate housing needs and is consistent with the City of Dublin General Plan, the Eastern Dublin Specific Plan, and the Fallon Village Stage 1 Planned Development.

PROPOSED WORK:  The applicant requests authorization to discharge of fill material into 1.67 acres of wetlands and/or other waters of the U.S for the widening of Fallon Road and for the construction of commercial/office space. The remaining 2.76 acres would be protected and kept under deed restriction.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

• Habitat boundaries of the seasonal wetlands/aquatic features would be clearly delineated by a qualified professional biologist, and the boundary would be marked with highly visible flags/stakes for construction crews.
• sdfGrading disturbances would not be permitted within the delineated habitat boundary for the seasonal wetlands/aquatic features.
• HeavHeavy grading equipment/machinery usage would be minimized in close proximity to wetlands, had equipment would be utilized when feasible.
• Best Management Practices (BMPs) would be followed to prevent site runoff, including pollutants and sediment, from discharging into the seasonal wetland/aquatic features.
• The project would protect the hydrologic processes of the seasonal wetlands/aquatic features.
• The project’s fully-built condition would restore flows to the wetlands and aquatic features to mimic the undeveloped (existing) conditions of the wetland’s hydrology.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: the applicant has proposed on-site and off-site creation, enhancement, and preservation. The on-site and off-site mitigation would be permittee-responsible. The on-site mitigation would be deed restricted. The off-site mitigation is proposed to occur within the Alameda Creek watershed.

CULTURAL RESOURCES:

The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), the National Marine Fisheries Service (NMFS) West Coast Section 7 Mapper, the NMFS ESA Critical Habitat Mapper, and the NMFS Essential Fish Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur within the boundary of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed in Table 1. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The Corps has made a preliminary determination that the proposal would have no effect on any Essential Fish Habitat (EFH) because EFH is not present at the project location or in its vicinity. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required. USACE will render a final determination on the need for consultation at the close of the comment period, taking into account any comments provided by NMFS.

Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the San Francisco Bay Regional Water Quality Control Board.

NOTE:  This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has been verified by Corps personnel.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical 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, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.  A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: 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 determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The San Francisco District will receive written comments on the proposed work, as outlined above, until April 24, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Caroline Frentzen at caroline.a.frentzen@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, San Francisco District, Regulatory Division, Attention:  Caroline Frentzen, 450 Golden Gate Avenue, 4th Floor, San Francisco, California 94102-3404.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.