SIENNA RESIDENTS: WETLANDS NOTICE FROM THE ARMY CORP OF ENGINEERS--

WETLANDS NOTICE FROM THE ARMY CORP OF ENGINEERS--

***We are providing a copy of this here because, again, it was not made available to residents of Sienna Plantation (or surrounding communities) through our resident supported newsletter, website or other media available to our developer controlled residents association or at the October developers update in Sienna. Notice that anyone can request a public hearing on this proposal and it provides the contact information below:
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Public Notice U.S. Army Corps Permit Application No: 23882 Of Engineers Date Issued:

3 October 2005 Galveston District Comments Due: 3 November 2005

U.S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT AND TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PURPOSE OF PUBLIC

NOTICE: To inform you of a proposal for work in which you might be interested. It is also to solicit your comments and information to better enable us to make a reasonable decision on factors affecting the public interest. We hope you will participate in this process.

AUTHORITY: This application will be reviewed pursuant to Section 404 of the Clean Water Act.

APPLICANT: Sienna North, L.P. 3777 Sienna Parkway Missouri City, Texas 77459-6015 AGENT: Berg Oliver Associates, Inc. 14701 St. Mary’s Lane, Suite 400 Houston, Texas 77079-2932 Telephone: 281-589-0898 POC: Mr. Nick Laskowski

LOCATION: The project is located on an approximate 199-acre tract southwest of the Raintree Road and Sienna Parkway intersection in northeast Fort Bend County, Texas.

Project Site can be located on the U.S.G.S. quadrangle map entitled: Missouri City, Texas at approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 253611; Northing: 3267370.

Mitigation Area #1 can be located on the U.S.G.S. quadrangle map entitled: Thompsons, Texas at approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 255999; Northing: 3265110.

Mitigation Area #2 can be located on the U.S.G.S. quadrangle map entitled: Thompsons, Texas at approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 253540; Northing: 3264822.

PERMIT APPLICATION #23882 PROJECT DESCRIPTION: The applicant proposes to fill 6.135 acres of forested wetlands, excavate 0.150 acre of forested wetlands, fill 0.263 acre of waters of the U.S., and excavate 0.751 acre of waters of the U.S. during the construction of a single family residential development on an approximate 199-acre tract.

The applicant proposes to compensate for impacts to 6.28 acres of jurisdictional adjacent wetlands by creating 6.49 acres of wetlands off-site and preserving 0.49 acres of adjacent forested wetlands on-site. Mitigation would be done within a 21.21-acre area known as Mitigation Area #1, which is located within an existing stormwater detention facility adjacent to single family residences and the Sienna Plantation Golf Course. The applicant proposes to create 3.0 acres of wetland shelves within the existing 21.21-acre stormwater detention facility and lake bottom. Mitigation would also occur within a 4.81-acre area known as Mitigation Area #2 which is located south of the Sienna Sports Complex. The applicant proposes to create 3.49 acres of wetlands in an upland area which would be planted with “desirable herbaceous” hydrophytic vegetation.

NOTES: This public notice is being issued based on information furnished by the applicant. This information has not been verified. The applicant’s project plans are enclosed in 4 sheets. The project plans, in 15 sheets, can be viewed in their entirety on http://www.swg.usace.army.mil/reg/pn.asp along with the mitigation plans in 13 sheets. A preliminary review of this application indicates that an Environmental Impact Statement (EIS) is not required. Since permit assessment is a continuing process, this preliminary determination of EIS requirement will be changed if data or information brought forth in the coordination process is of a significant nature. Our evaluation will also follow the guidelines published by the U.S. Environmental Protection Agency pursuant to Section 404 (b)(1) of the Clean Water Act (CWA).

OTHER AGENCY AUTHORIZATIONS: The project site is not located within the Texas Coastal Zone and therefore, does not require certification from the Texas Coastal Management Program. This project would result in a direct impact of greater than three acres of waters of the state or 1500 linear feet of streams (or a combination of the two is above the threshold), and as such would not fulfill Tier I criteria for the project. Therefore, Texas Commission on Environmental Quality (TCEQ) certification is required. Concurrent with U.S. Army Corps of Engineers (Corps) processing of this application, the TCEQ is reviewing this application under Section 401 of the CWA and in accordance with Title 30, Texas Administrative Code Section 279.1-13 to determine if the work would comply with State water quality standards. By virtue of an agreement between the Corps and the TCEQ, this public notice is also issued for the purpose of advising all known interested persons that there is pending before the TCEQ a decision on water quality certification under such act. Any comments concerning this application may be submitted to the Texas Commission on Environmental Quality, 401 Coordinator, MSC-150, P.O. Box 13087, Austin, Texas 78711-3087.

The public comment period extends 30 days from the date of publication of this notice. A copy of the public notice with a description of work is made available for review in the TCEQ’s Austin office. The complete application may be reviewed in the Corps office listed in this public notice. The TCEQ may conduct a public hearing to consider all comments concerning water quality if requested in writing. A request for a public hearing must contain the following information: the name, mailing address, application number, or other recognizable reference to the application; a brief description of the interest of the requester, or of persons represented by the requester; and a brief description of how the application, if granted, would adversely affect such interest. NATIONAL REGISTER OF HISTORIC PLACES: The staff archaeologist has reviewed the latest published version of the National Register of Historic Places, lists of properties determined eligible, and other sources of information. The following is current knowledge of the presence or absence of historic properties and the effects of the undertaking upon these properties:

Part of the permit area was surveyed by HRA Gray & Pape in a Report entitled, Draft: Intensive Pedestrian Survey and Deep Testing in 100 Acres of the Proposed Village of Bees Creek Residential Development, Sienna Plantation, Fort bend County, Texas Dated July 26, 2005. An historic properties investigation will need to be conducted on the remaining 99 acres for the presence of potentially eligible historic properties. Mitigation Area #1 has been previously disturbed; therefore, there is little likelihood that the proposed action would impinge upon historic properties. Mitigation Area #2 near the Sienna Sports Complex has been surveyed for historic properties. No historic properties were found in Mitigation Area #2.

THREATENED AND ENDANGERED SPECIES: Preliminary indications are that no known threatened and/or endangered species or their critical habitat will be affected by the proposed work.

ESSENTIAL FISH HABITAT: This notice initiates the Essential Fish Habitat consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action would not have a substantial adverse impact on Essential Fish Habitat or federally managed fisheries in the Gulf of Mexico. 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.

PUBLIC INTEREST REVIEW FACTORS: This application will be reviewed in accordance with 33 CFR 320-330, the Regulatory Programs of the Corps, and other pertinent laws, regulations and executive orders. The decision whether to issue a permit will be based on an evaluation of the probable impacts, 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: among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs and, in general, the needs and welfare of the people.

SOLICITATION OF 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 decision, comments are used to assess impacts on 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 Impact 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. This public notice is being distributed to all known interested persons in order to assist in developing facts upon which a decision by the Corps may be based. For accuracy and completeness of the record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding of the reasons for support or opposition.

PUBLIC HEARING: Prior to the close of the comment period any person may make a written request for a public hearing setting forth the particular reasons for the request. The District Engineer will determine whether the issues are substantial and should be considered in the permit decision. If a public hearing is warranted, all known interested persons will be notified of the time, date, and location.

CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before 3 November 2005. Extensions of the comment period may be granted for valid reasons provided a written request is received by the limiting date. If no comments are received by that date, it will be considered that there are no objections. Comments and requests for additional information should be submitted to:

T. Cheryl Jaynes
Regulatory Branch, CESWG-PE-RE
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229
409-766-3804 Phone
409-766-6301 Fax
DISTRICT ENGINEER GALVESTON DISTRICT CORPS OF ENGINEERS