SPN-2005-298180 Highway 12 Logistics Center

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: Joe Livaich, Buzz Oates Inc. 555 Capitola Mall, Suite 200 Sacramento, CA 95814

AGENT:  Robert Perrera, Huffman-Broadway Group, Inc. 1101 5th Avenue, Suite 205, San Rafael, CA 94901

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Peytonia Slough. The project/review area is located on the west side of Pennsylvania Avenue/Cordelia Road, southwest of the intersection of Pennsylvania Avenue and Highway in 0 Section, 5 N Township, 2 W Range; at Latitude 38.2382 and Longitude -122.0553; in Suisun City, Solano County, California (See Figures 1 to 3).

EXISTING CONDITIONS: The project site is bounded to the east by the Union Pacific Railroad, to the north by State Route 12, and to the west by Ledgewood Creek in the 69.55-acre northern portion of the site (designated Planning Area (PA) 1) and Orehr Road in the 13.14-acre southern portion of the project site (PA 2). The Suisun Marsh is south of the project site, and marsh land associated with Suisun Marsh occurs in southern portions of the project site. The project site is comprised of undeveloped land which is currently used for livestock grazing. It contains a mix of tidal sloughs, perennial wetlands, seasonal wetlands, and annual grasslands.

PROJECT PURPOSE:

Basic: The basic project purpose is the construction of an industrial development.

Overall: The overall project purpose is to construct a large-scale, multi-building industrial development capable of accommodating manufacturing and distribution/fulfillment tenants, rail access, secure ingress/egress while separating truck movements and employee parking in the Fairfield/Suisun City sub-market.

PROPOSED WORK:  The applicant requests authorization to grade and level the site in preparation for the construction of approximately 529,708 square feet of warehouse building space, improve portions of Pennsylvania Avenue and Cordelia Road, and extend a railroad spur from the Union Pacific Railroad to PA 1 or PA 2 (see Figures 4 to 6).

Two warehouse buildings, A and B, are proposed within PA 1. Building A is situated along the western corner adjacent to Highway 12. Building A would total approximately 170,120 square feet of warehouse space and include 546 vehicle parking, 51 truck dock stalls, bioretention swales and ponds, landscaped areas, and two access roads. Primary access to Building A would be from an entrance along the northern end of Pennsylvania Avenue adjacent to Highway 12. Building B is situated along the southwestern corner adjacent to the California Northern Railroad tracks and J&T Towing company. Building B would total approximately 187,208 square feet of warehouse space and include 285 vehicle parking, 48 and truck dock stalls, bioretention swales and ponds, landscaped areas, and two access roads. Primary access to Building B would be from an entrance along the southern end of Pennsylvania Avenue adjacent to the J&T Towing Company. One warehouse building, Building C, is proposed within PA 2. Building C is situated adjacent to California Northern Railroad, Nor Cal Concrete Company, and Cordelia Road. Building C would total approximately 172,380 square feet and include 269 vehicle parking, 32 truck dock stalls, bioretention swales and ponds, landscaped areas, and two access roads. Building C would be accessed from two entrances along Cordelia Street.

The project would result in the permanent loss of 5.21 acres of seasonally saturated annual grassland wetlands, 0.30 acres of vernal pool wetland habitat, and 0.14 acres of alkali seasonal wetland habitat for a total of 5.65 acres of wetland impacts.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: In addition to implementing standard best management practices during construction activities, the applicant would implement worker environmental awareness training, limit the introduction and spread of invasive species, and include species specific minimization measures (surveys, exclusion fencing, work windows etc.).

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: To offset unavoidable impacts to the 5.65 acres of wetlands the applicant proposed to would establish approximately 5.65 acres of wetlands, in-kind, and establish 0.002 acres of occupied Contra Costa goldfields habitat that would support a minimum of one CCG plant on an approximately 52.83-acre Wetland Mitigation Area.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, and the California Regulatory Viewer 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(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

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 determined the proposal would have no adverse effect on any Essential Fish Habitat (EFH). 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.

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 May 31, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Bryan Matsumoto at Bryan.T.Matsumoto@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, San Francisco District, Attention: Bryan Matsumoto, 450 Golden Gate, 4th Floor, San Francisco, California 94102. 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.