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Extension of Public Notice Comment Period for Phase 1 Villages at Vigneto to December 4, 2017
PUBLIC NOTICE
_________________________________________________________________________________________
U.S. ARMY CORPS OF ENGINEERS
LOS ANGELES DISTRICT
BUILDING STRONG®
EXTENSION OF PUBLIC NOTICE COMMENT PERIOD
RE-EVALUATION OF PERMIT
Phase 1 Villages at Vigneto
Public Notice/Permit No.: SPL-2003-00826-KAT
Project: Phase 1 Villages at Vigneto
Initial Comment Period: October 6, 2017 to November 4, 2017
EXTENDED COMMENT PERIOD: November 4, 2017 to December 4, 2017
Project Manager: Kathleen Tucker; (602) 230-6956; Kathleen.A.Tucker@usace.army.mil
Applicant
Contact
Michael T. Reinbold
Jim Tress
El Dorado Benson, LLC
Westland Resources Inc.
8501 N. Scottsdale Rd, Suite 120
4001 E. Paradise Falls Dr.
Scottsdale, AZ 85253
Tucson, Arizona 85712
Location
Phase 1 of Villages at Vigneto (formerly known as Whetstone Ranch) (Project) is located on
private land south of U.S. Interstate 10 and east of Arizona State Route 90 in the City of Benson,
Cochise County, Arizona, within Township 17 South, Range 20 East, Sections 32-33, E½ Section 31
and Township 18 South, Range 20 East, Sections 3-5, 8-10, 15-17, E ½ Sections 6, 7, and 18.
Activity
The Department of Army permit was issued effective June 21, 2006 for a term of 20 years. The
permit authorizes the discharge of dredged and/or fill material into 51 acres of waters of the United
States associated with the construction of an 8,212-acre master planned community, including pad
fills, golf course, and road and utility crossings. Please see attached drawings. For more information
see Additional Information section below.
On October 6, 2017, the U.S. Army Corps of Engineers issued a public notice (SPL-2003-00826) for
the Villages at Vigneto development.
Interested parties are hereby notified that numerous requests for extension of the public notice
comment period have been received. Therefore, the Corps is extending the public notice
comment period through December 4, 2017. Interested parties are invited to provide their views
on the proposed work prior to the close of the extended comment period. Comments received by
December 4, 2017 will become a part of the record and will be considered in the decision. This
permit application will be issued or denied under Section 404 of the Clean Water Act (33 U.S.C.
1344). Comments can be mailed to:
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS
REGULATORY DIVISION
ATTN: Kathleen Tucker
3636 N CENTRAL AVENUE, SUITE 900
PHOENIX, ARIZONA 85012-1939
Alternatively, comments can be sent electronically to: Kathleen.A.Tucker@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.
The Department of Army permit authorizing discharge of dredged or fill material was issued
effective June 21, 2006. On July 20, 2016, the Corps issued a Notice of Permit Suspension having
determined that it was in the public interest to suspend the permit while consultation with the United
States Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act and the Corps'
permit re-evaluation are pending.
During the permit re-evaluation process, the Corps considers the views of other Federal, state and
local agencies, interest groups, and the general public; the extent of the permittee's compliance with
the terms and conditions of the permit; whether or not circumstances relating to the authorized activity
have changed since the permit was issued or extended, and the continuing adequacy of or need for
the permit conditions; any significant objections to the authorized activity which were not earlier
considered; revisions to applicable statutory and/or regulatory authorities; and the extent to which
modification, suspension, or other action would adversely affect plans, investments and actions the
permittee has reasonably made or taken in reliance on the permit.
Evaluation Factors
The decision whether to reinstate, modify, or revoke the permit will be based on an evaluation of
the probable impact including cumulative impacts of the permitted project 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, because the permit
2
authorizes discharges dredged or fill material into waters of the United States, the re-evaluation of the
activity will include reconsideration of compliance with the EPA Guidelines (40 CFR Part 230) as
required by Section 404 (b)(1) of the Clean Water Act.
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
permitted project. Any comments received will be considered by the Corps to determine whether to
reinstate, modify, or revoke the permit. 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 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 activity.
Preliminary Review of Selected Factors
EIS Determination- A preliminary determination has been made that an environmental impact
statement is not required for permit re-evaluation.
Water Quality- The permittee has obtained a water quality certification, under Section 401 of the
Clean Water Act, from the Arizona Department of Environmental Quality (ADEQ).
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 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- The Corps has initiated consultation under Section 7 of the Endangered
Species Act with United States Fish and Wildlife Service.
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 permit. Requests for public hearing shall state
with particularity the reasons for holding a public hearing.
Activity for Which a Permit is Required
Basic Project Purpose- The basic project purpose comprises the fundamental, essential, or
irreducible purpose of the 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 master planned
community, 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' Clean
Water Act Section 404(b)(1) alternatives analysis and is determined by further defining the basic
3
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 identified
in the original permit decision is to develop a master-planned community consisting of residential,
commercial, and recreational facilities, including all appurtenant features such as building pads, roads
and utilities, in the Benson, Arizona area that is proximate to local, regional and national
transportation facilities.
Additional Project Information
Baseline information- In 2006, the Corps issued a 20-year Department of the Army permit
pursuant to Section 404 of the Clean Water Act authorizing discharges of dredged or fill material into
waters of the United States associated with the 8,212 acre master-planned community within
Whetstone Ranch near Benson in Cochise County, Arizona. Whetstone Ranch was a 15,550-acre
project annexed into the City of Benson in 1993. Whetstone Partners L.L.P., in conjunction with Pulte
Homes, proposed development of the 8,212-acre master planned community within the boundaries of
the larger project area. In May 2014, El Dorado Benson L.L.C. purchased all undeveloped land
(totaling 12,339 acres) within the larger project area, including the 8,212-acre master-planned
community, and renamed the larger project area Villages at Vigneto. The entire property would be
developed in phases; Phase I of the project involves the development of Planning Units 1 through 9
on 8,212 acres of the property, which includes residential, employment centers, a town center,
shopping centers, schools, and parks. As part of this transaction, Whetstone Partners L.L.P. also
transferred its 2006 section 404 permit to El Dorado Benson L.L.C. Since acquisition of the project, El
Dorado Benson L.L.C. has moved forward with the development process and secured updated local
approvals. Project components and planned land uses, and anticipated discharge of fill to 51 acres of
waters of the United States have not changed from what was authorized by the Corps in 2006. The
compensatory mitigation plan approved by the Corps in 2006 has not changed. No discharge of
dredged or fill material has occurred.
Project description- Build out of the Phase I development is projected to take 15 years. The
Phase I project area contains 475 acres of waters of the United States, all of which are ephemeral
streams. Phase I involves the filling of 51 acres of waters of the United States for construction of
roadway crossings, utility crossings, trails, bank protection, and building pads, and preserving 1,624
acres of natural open space (424 acres of unfilled jurisdictional washes, 385 acres of buffer
established through preserving the upland area within 25 feet of the ordinary high water mark on both
sides of preserved washes [the "primary buffer"], and 815 acres of additional upland open space
which would include pedestrian and equestrian trails [the "secondary buffer"]). In addition, Phase I
involves habitat improvements at a 144-acre offsite compensatory mitigation area located between
Benson and St. David, Cochise County, Arizona. The Department of the Army permit relates only to
the first phase of the project (i.e., Planning Units 1 through 9). There are an additional 4,000 acres of
land owned by El Dorado Benson, L.L.C. within the Community Master Plan (CMP) that are beyond
the boundaries of the Project. El Dorado has not submitted a permit application for any future phases
of the project. The timing and nature of the development for the remainder of the CMP is uncertain at
this time. Further, on June 1, 2016, the City of Benson passed Resolution 16-2016, authorizing
execution of a new Development Agreement between the City of Benson and EI Dorado Benson,
L.L.C. The new Development Agreement allows for the Villages at Vigneto to expand by another
2,433 acres. Similar to the 4,000 acres of additional lands included in the CMP, any development of
this 2,433 acres would occur many years from now and has not yet been planned at a level to
determine whether Department of the Army permits under Section 404 of the Clean Water Act are
necessary
4
Mitigation The mitigation required pursuant to the permit may change as a result of comments
received in response to this public notice, the permittee'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
mitigation sequence (avoidance/minimization/compensation), as applied to the Project in the original
permit decision is summarized below:
Avoidance: This project would avoid 424 acres of waters of the United States, which will in turn be
preserved within natural corridors including buffers of at least 25 feet on either side of the ordinary
high water mark of the waters of the United States. Impact avoidance for waters of the U.S. was
accomplished through an alternatives analysis conducted pursuant to the 404(b)(1) Guidelines.
Minimization: The arterial road system has been designed to minimize impacts by being
constructed in the uplands and parallel to the drainages. The number of roads crossing the waters of
the United States will be minimized. Construction activities are subject to the conditions of the Clean
Water Act Section 401 water quality certification issued by ADEQ, which are designed to ensure that
discharges to waters of the United States from the Project will meet applicable surface water quality
standards. In addition, the Project must comply with the requirements of the construction general
permit (CGP) issued by the ADEQ under the Arizona Pollution Discharge Elimination System
program. The basic terms of that permit require implementation of a stormwater pollution prevention
plan, which is designed to limit the discharge of pollutants including sediment from disturbed
construction sites to waters of the United States. The Project will be subject to the most recent CGP
applicable at the time of construction.
Compensation: Preservation within the Project's primary and secondary buffers. The
compensatory mitigation proposal also includes habitat improvements at a 144-acre offsite
compensatory mitigation area located between Benson and St. David, Cochise County, Arizona.
These habitat improvements will include fencing the area to exclude herbivores, planting of native
riparian vegetation and repairing areas that have erosional headcutting.
Permit Special Conditions
The Corps' re-evaluation process may result in changes to the special conditions of the original
permit.
For additional information please call Kathleen Tucker of my staff at (602) 230-6956 or via e-mail
at Kathleen.A.Tucker@usace.army.mil. 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 AVENUE, SUITE 900
PHOENIX, ARIZONA 85012-1939
WWW.SPL.USACE.ARMY.MIL/MISSIONS/REGULATORY
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Path: M:\Jobs\400's\460.93\ENV\CorpsPublicNotice\MXD\Figures\Figure1.mxd
Date: 10/2/2017
ARIZONA
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contributors, and the GIS User Community
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PHASE I
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Clean Water Act
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