Subject: Public Notice of Permit Application

Action ID: SPK-2004-00904

Comment Period: December 17, 2010 – January 16, 2011

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Provinsalia Residential Golf Course Community project, which would result in impacts to approximately 3.44-acres of waters of the United States, including wetlands, in or adjacent to . This notice is to inform interested parties of the proposed activity and to solicit comments. This notice may also be viewed at the Corps web site at http://www.spk.usace.army.mil/regulatory.html.

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:

Dick Price

Lake County Resort Partners LLC

2716 Darius Lane

Modesto, California 95355

LOCATION: The 300-acres site is located on Section 2, Township 12 North, Range 7 West, Latitude 38.9288048827735°, Longitude -122.588395137302°, City of Clearlake, Lake County, California, and can be seen on the CA-LOWER LAKE USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to construct a residential and recreation development. Based on the available information, the overall project purpose is to build a large scale, mixed use, mixed density master planned community located within the sphere of influence of the City of Clearlake. The applicant believes there is a need to increase housing to accommodate projected growth, to compensate for removals from the housing stock, to allow for a comfortable vacancy rate, and to provide housing choice for the seeking to change units, whether because of changes on their housing needs or because of substandard housing conditions.”

ADDITIONAL INFORMATION: Environmental Setting. There are approximately 34.85-acres of verified waters of the U.S. Including wetlands, creeks, and drainages within the project area. The site is characterized by natural features including rolling hills, valley bottoms, flat plains, wetlands, intermittent and ephemeral drainages and channels including large bodies of water (Clear Lake, Cache Creek and Anderson Marsh), Mount Konocti and coastal ranges, oak woodlands, and agricultural land.

The project site contains the following vegetative communities: California annual grassland series/annual grassland; blue oak series/mixed oak series/valley oak series/oak woodland; chamise series/chamise-wedgeleaf ceanothus series/chapparal; narrowleaf willow series/red willow series/riparian woodland; bulrush series/freshwater marsh; and seasonal wetlands.

Alternatives. The applicant has 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 purchase mitigation credits at an approved bank located outside of the watershed.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Regional Water Quality Control Board is required for this project. The applicant has indicated they have applied for certification.

HISTORIC PROPERTIES: Based on the available information (including applicant's report entitled “A Recheck of Historic Properties Within The Proposed Provinsalia Golf Community, Clearlake, Lake County, California, August 3, 2010”), The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act.

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 will not affect Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act. The Corps will not initiate consultation with the National Marine Fisheries Service, pursuant to 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-2004-00904 must be submitted to the office listed below on or before January 16, 2011.

Peck Ha, Project Manager

US Army Corps of Engineers, Sacramento District

1325 J Street, Room 1480

Sacramento, California 95814-2922

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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' project manager Peck Ha, 916-557-6617, This email address is being protected from spambots. You need JavaScript enabled to view it..