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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
2
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.
3
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.
4
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
5
STORYROCK
Northeast Corner of 128th Street and Pinnacle Peak Road
City of Scottsdale, Maricopa County, Arizona
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U.S. Highway
State Route
I
County Boundaries
k
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Project Location
0
25
50
100
Miles
Figure 1. State Map
128th St
Ranch Gate Rd
Project Limits (481 AC)
Excluded from Project Limits
Pinnacle Peak Rd
²
0
250 500
1,000
Feet
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
E
E
Control Point
-111.806636
33.702032
PJD 7B
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Pinnacle Peak Road Alignment
²
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Control Point
-111.806642
33.697189
SHEET 4
SHEET 1
SHEET 2
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PJD 12
SHEET 3
0
50
100
200
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SCALE(H):1"= 200'
SCALE(V): N/A
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
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²
E
Control Point
-111.791030
33.697186
0
50
100
200
Feet
SCALE(H):1"= 200'
SCALE(V): N/A
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
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P,2015
Correspondi
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33.707340
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Control Point
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33.702449
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SHEET 5
SHEET 6
SHEET 3
SHEET 4
SHEET 1
SHEET 2
0
50
100
200
Fe e t
SCALE(H):1"= 200'
SCALE(V): N/A
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
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²
Control Point
-111.790951
33.702482
E
0
50
100
SCALE(H):1"= 200'
SCALE(V): N/A
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
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Correspondi
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Feet
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-111.806651
33.712493
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VT)
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Control Point
-111.806628
33.707757
128th St
PJD 5A
PJD 5B
PJD 7
²
SHEET 7
SHEET 8
SHEET 5
SHEET 6
SHEET 3
SHEET 4
SHEET 1
SHEET 2
0
50
100
SCALE(H):1"= 200'
SCALE(V): N/A
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
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P,2015
Corre sponding 7.
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Fe e t
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33.712442
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!
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!
!
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PJD 6B
PJD 5C
!
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PJD 6C
!
PJD 6D
!
!
!
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!
!
!
!
SHEET 7
SHEET 8
SHEET 5
SHEET 6
SHEET 3
SHEET 4
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SHEET 2
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!
!
!
!
!
!
!
!
Control Point
-111.790900
33.707695
E
!
!
!
!
!
!
!
!
!
!
!
E
0
50
100
200
Fe e t
SCALE(H):1"= 200'
SCALE(V): N/A
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'
Qua dra ng le :Mc
Dowe llP e a k,
AZ
E
Control Point
-111.806587
33.717861
FI
GURE3.
I
MPACTSTO WATERS
OFTHEU.
S.(
SHEET7)
Proje c
t Bounda ry(
~481AC)
Not I
nclude d
!
!
!
Re route dCha nne l
Gra ding Lim its
Pe rm a ne nt I
m pa c
ts to
Wa te rs of the U.
S.(
2.
39AC)
T
e m pora ryI
m pa c
ts to
Wa te rs of the U.
S.(
0.
20AC)
J
urisdic
tiona lWa te rs
of the U.
S.(
10.
02AC)
(
Corps File No.201500527L
VT)
PJD 1A
PJD 2A
PJD 1B
128thStre e t 2la ne a cce ss
roa dwa ywithout curb
128th St
Loca l2La ne
Roa dwa y(
ty
p.
)
SHEET 7
SHEET 8
SHEET 5
SHEET 6
SHEET 3
SHEET 4
SHEET 1
SHEET 2
PJD 2B
Lot line (
typ.
)
PJD 3A
PJD 3B
E
Control Point
-111.806607
33.713006
²
0
50
100
200
Fe e t
SCALE(H):1"= 200'
SCALE(V): N/A
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
E
FI
GURE3.
I
MPACTSTO WATERS
OFTHEU.
S.(
SHEET8)
Control Point
-111.791057
33.717703
Projec tBou nda ry(
~481AC)
NotI
nc lu ded
!
!
!
Rerou tedCh a nnel
Gra di
ng Li
mi
ts
Perm a nentI
m pa c ts to
Wa ters of th eU.
S.(
2.
39AC)
T
em pora ryI
m pa c ts to
Wa ters of th eU.
S.(
0.
20AC)
J
u ri
sdi
c ti
ona lWa ters
of th eU.
S.(
10.
02AC)
(
Corps Fi
leNo.201500527L
VT)
Cu lvertou tfa lls to downstrea m WOUSto
a voi
da ddi
ti
ona li
m pa c tto WOUS
PJD 2A
PJD 2B
Loc a l2La ne
Roa dwa y(
ty
p.
)
!
!
!
!
!
!
SHEET 7
SHEET 8
SHEET 5
SHEET 6
SHEET 3
SHEET 4
SHEET 1
SHEET 2
!
!
!
!
!
!
!
PJD 3A
!
!
!
!
!
!
!
PJD 3B
PJD 3C
Lotli
ne(
typ.
)
²
PJD 4A
E
Control Point
-111.791035
33.713015
0
50
100
200
Feet
SCALE(H):1"= 200'
SCALE(V): N/A
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