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Application for Permit Storyrock Residential Development

PUBLIC NOTICE _________________________________________________________________________________________

U.S. ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT

BUILDING STRONG®

APPLICATION FOR PERMIT Storyrock Residential Development Public Notice/Application No.: SPL-2015-00527-LVT Project: Storyrock Residential Development Comment Period: October 18, 2017 through November 17, 2017 Project Manager: Leanne Van Tuyl; (602) 230-6991; Leanne.VanTuyl@usace.army.mil Applicant Keith Miller Cav-Ranch, LLC 14555 N. Scottsdale Rd., #330 Scottsdale, AZ 85254 keith@finalplat.com 480-368-5205

Contact Leanne Van Tuyl U.S. Army Corps of Engineers 3636 N Central Ave, Suite 900 Phoenix, AZ 85012 Leanne.VanTuyl@usace.army.mil 602-230-6991

Location The proposed project is located at the northeast corner of the Pinnacle Peak Road alignment and 128th Street in Scottsdale, Maricopa County, Arizona (33.707887/-111.797278) within Township 4 North, Range 5 East, Sections 1, 2, 11 and 12. Activity To permanently discharge fill into approximately 2.39 acres of non-wetland Waters of the U.S. in association with construction of the Storyrock residential development (see attached drawings). The proposed project would develop 481 acres and would support 443 residential units. For more information see Additional Project Information section, below.

Interested parties are hereby notified an application has been received for a Department of the Army permit for the activity described herein and shown on the attached drawing(s). We invite you to review today's public notice and provide views on the proposed work. By providing substantive, sitespecific comments to the Corps Regulatory Division, you provide information that supports the Corps' decision-making process. All comments received during the comment period become part of the record and will be considered in the decision. This permit will be issued, issued with special conditions, or denied under Section 404 of the Clean Water Act. Comments should be mailed to: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION ATTN: Leanne Van Tuyl 3636 N CENTRAL AVE, SUITE 900 PHOENIX, ARIZONA 85012-1939

Alternatively, comments can be sent electronically to: Leanne.VanTuyl@usace.army.mil The mission of the U.S. Army Corps of Engineers Regulatory Program is to protect the Nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands. The Regulatory Program in the Los Angeles District is executed to protect aquatic resources by developing and implementing short- and long-term initiatives to improve regulatory products, processes, program transparency, and customer feedback considering current staffing levels and historical funding trends. Corps permits are necessary for any work, including construction and dredging, in the Nation's navigable water and their tributary waters. The Corps balances the reasonably foreseeable benefits and detriments of proposed projects, and makes permit decisions that recognize the essential values of the Nation's aquatic ecosystems to the general public, as well as the property rights of private citizens who want to use their land. The Corps strives to make its permit decisions in a timely manner that minimizes impacts to the regulated public. During the permit process, the Corps considers the views of other Federal, state and local agencies, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States. The permit review process serves to first avoid and then minimize adverse effects of projects on aquatic resources to the maximum practicable extent. Any remaining unavoidable adverse impacts to the aquatic environment are offset by compensatory mitigation requirements, which may include restoration, enhancement, establishment, and/or preservation of aquatic ecosystem system functions and services. Evaluation Factors 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 benefit, 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 the cumulative effects thereof. Factors that will be considered include conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFR Part 230) as required by Section 404 (b)(1) of the Clean Water Act. The Corps of Engineers 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 of Engineers 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 Assessment and/or an Environmental Impact

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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.

Preliminary Review of Selected Factors EIS Determination- A preliminary determination has been made that an environmental impact statement is not required for the proposed work. Water Quality- The applicant is required to obtain water quality certification, under Section 401 of the Clean Water Act, from the Arizona Department of Environmental Quality. Section 401 requires any applicant for an individual Section 404 permit provide proof of water quality certification to the Corps of Engineers prior to permit issuance Coastal Zone Management- Not applicable within the State of Arizona. Essential Fish Habitat- No Essential Fish Habitat (EFH), as defined by the Magnuson-Stevens Fishery Conservation and Management Act, occurs within the project area and no EFH is affected by the proposed project. Cultural Resources- The Corps has initiated consultation pursuant to Section 106 of the National Historic Preservation Act with the State Historic Preservation Office, Arizona State Museum, Advisory Council on Historic Preservation, and tribes. Endangered Species- Preliminary determinations indicate the proposed activity would not affect federally-listed endangered or threatened species, or their critical habitat. Therefore, formal consultation under Section 7 of the Endangered Species Act does not appear to be required at this time. Public Hearing- Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Proposed Activity for Which a Permit is Required Basic Project Purpose- The basic project purpose comprises the fundamental, essential, or irreducible purpose of the proposed project, and is used by the Corps to determine whether the applicant's project is water dependent (i.e., requires access or proximity to or siting within the special aquatic site to fulfill its basic purpose). The basic project purpose for the Project is to construct a housing, which is not water dependent. The EPA Guidelines at 40 C.F.R. § 230.10(a)(3) set forth two rebuttable presumptions when the activity associated with a discharge is proposed in a special aquatic site, as defined at 40 C.F.R. Part 230, subpart E. Because the Project does not discharge dredged or fill material into a special aquatic site, these rebuttable presumptions do not apply. Overall Project Purpose- The overall project purpose serves as the basis for the Corps' 404(b)(1) alternatives analysis and is determined by further defining the basic project purpose in a manner that more specifically describes the applicant's goals for the project, and which allows a reasonable range of alternatives to be analyzed. The overall project purpose for the proposed project is to construct a single-family residential development.

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Additional Project Information Baseline information-The project area is bound by the Pinnacle Peak Road alignment on the south, 134th Street alignment on the east, 128th Street on the west and an irregular north boundary north of Ranch Gate Road. The site is bordered by the McDowell Sonoran Preserve on the north, south, and east. With the exception of the 128th Street right-of-way, which is owned by the City of Scottsdale, the project area is privately-owned. The project area lies between approximately 2,780 feet above mean sea level (MSL) in the southwest corner of the project area and 2,540 feet above MSL in the northeast corner of the project area. The project area slopes/drains to the northeast. The project area is located within the Arizona Upland subdivision within the Sonoran Desertscrub biotic community. A Preliminary Jurisdictional Delineation for this project was approved on June 7, 2016. Project description- Storyrock will consist of 443 single-family detached housing units. Roadways within the project will be a combination of public and private streets. Primary access for the site will occur along the Ranch Gate Road alignment east through 128th Street and at the Alameda Road alignment off 128th Street. Private developments with limited access gates will be located internal to these entry locations and public access will be maintained along Alameda Road into the development. 128th Street, south of Ranch Gate Road, will provide a median and outside roll curb. Proposed Mitigation­ The proposed mitigation may change as a result of comments received in response to this public notice, the applicant's response to those comments, and/or the need for the project to comply with the 404(b)(1) Guidelines. In consideration of the above, the proposed mitigation sequence (avoidance/minimization/compensation), as applied to the proposed project is summarized below: Avoidance: The site plan includes modified lot lines, construction envelopes, product sizes, and overall disturbance limits to avoid Waters of the U.S. (WOUS) and preserve as much of the existing vegetation, washes, and boulder outcrops on the property as practicable. The site plan establishes development areas along ridgelines between washes and wherever practicable. The site plan maintains more substantial washes in their natural state to avoid engineered conveyance channels with excessive rip-rap or flood structures. Roadway improvements, lot locations and orientation for each single-family detached housing unit have been strategically placed to avoid impacts to WOUS. A total of 9 lots were removed from the site plan in order to avoid/minimize impacts to significant washes on the property. Additionally, a significant amount of the construction envelopes are reduced in size and restrict product type in order to preserve avoid specific washes and maintain additional open space adjacent to development. Minimization: In addition to the site plan adjustments and strategic orientation of the development envelopes discussed above, the applicant has worked with the City of Scottsdale at length to implement detention facilities that minimize impacts to existing washes and provide for less disturbance at roadway culvert crossings throughout the development. A reduction in grading limits at roadway crossings maintains more washes and open space areas in their natural state. The drainage approach was approved by the City and has been implemented in other projects within Environmentally Sensitive Lands Ordinance (ESLO) areas in Scottsdale. The result minimizes impacts to natural area open space and WOUS on the project. Proposed impacts to unnamed wash "PJD 2B" include only minor roadway access by adjusting the lot construction envelopes and minimizing depths adjacent to the wash. Minimizing construction envelopes and lot sizes in this area will result in a reduced value and product restriction for the applicant, but establishes a wash corridor that decreases overall impacts to WOUS Lots adjacent to unnamed wash "PJD 3B" were oriented to avoid impacts to Waters of the U.S. with the exception of the required roadway or driveway crossings.

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Compensation: The applicant is proposing to purchase 2.39 credits (1:1 mitigation ratio) at the Arizona Game and Fish Department Arlington in-lieu fee program, to compensate for the loss of functions and values. Proposed Special Conditions To be developed. For additional information please call Leanne Van Tuyl of my staff at (602) 230-6991 or via e-mail at Leanne.VanTuyl@usace.army.mil. Please refer to file SPL-2015-00527 in your correspondence. This public notice is issued by the Chief, Regulatory Division.

Regulatory Program Goals: · To provide strong protection of the nation's aquatic environment, including wetlands. · To ensure the Corps provides the regulated public with fair and reasonable decisions. · To enhance the efficiency of the Corps' administration of its regulatory program.

__________________________________________________________ DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 3636 N CENTRAL AVE, SUITE 900 PHOENIX, ARIZONA 85012-1939

WWW.SPL.USACE.ARMY.MIL/MISSIONS/REGULATORY

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STORYROCK Northeast Corner of 128th Street and Pinnacle Peak Road City of Scottsdale, Maricopa County, Arizona

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7.5 Minute USGS Quadrangle Map (McDowell Peak, AZ) 7740 N. 16th Street, Suite 300 Phoenix, Arizona 85020 Phone: (602) 944-5500 Fax: (602) 906-1128

STORYROCK Northeast Corner of 128th Street and Pinnacle Peak Road City of Scottsdale, Maricopa County, Arizona

Project No. 191069021

Figure 2

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DESIGNED BY: KIMLEY-HORN AND ASSOCIATES, INC., JENNIFER TREMAYNE DRAWN BY: KIMLEY-HORN AND ASSOCIATES, INC., JASON GETZ CHECKED BY: KIMLEY-HORN AND ASSOCIATES, INC., JENNIFER TREMAYNE Ae ria lSourc e :USDANAI P,2015 Corre sponding 7. 5' Q ua dra ng le :Mc Dowe llPe a k, AZ

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DESIGNED BY: KIMLEY-HORN AND ASSOCIATES, INC., JENNIFER TREMAYNE DRAWN BY: KIMLEY-HORN AND ASSOCIATES, INC., JASON GETZ CHECKED BY: KIMLEY-HORN AND ASSOCIATES, INC., JENNIFER TREMAYNE Aeri a lSou rc e:USDANAI P,2015 Correspondi ng 7. 5' Q u a dra ng le:Mc DowellPea k, AZ

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DESIGNED BY: KIMLEY-HORN AND ASSOCIATES, INC., JENNIFER TREMAYNE DRAWN BY: KIMLEY-HORN AND ASSOCIATES, INC., JASON GETZ CHECKED BY: KIMLEY-HORN AND ASSOCIATES, INC., JENNIFER TREMAYNE Ae ria lSourc e :USDANAI P,2015 Corre sponding 7. 5' Q ua dra ng le :Mc Dowe llPe a k, AZ

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DESIGNED BY: KIMLEY-HORN AND ASSOCIATES, INC., JENNIFER TREMAYNE DRAWN BY: KIMLEY-HORN AND ASSOCIATES, INC., JASON GETZ CHECKED BY: KIMLEY-HORN AND ASSOCIATES, INC., JENNIFER TREMAYNE Aeri a lSou rc e:USDANAI P,2015 Correspondi ng 7. 5' Q u a dra ng le:Mc DowellPea k, AZ

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