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July 1, 2007 TO: Marc Fugler, Project Manager Re: Public Notice 200300760 OVERVIEW We urge you to deny a permit for the impact of the 1546-acre development in the Lower Lagoon Valley, the subject of your file #200300760. We find this proposed development to be incompatible with the wetlands and wildlife of the Lower Lagoon Valley. There are significant wetlands and water quality impacts here; they have not been avoided or adequately mitigated. In addition, this project has a lot of other significant negative impacts that have not been mitigated and are detrimental to the environment and to the general welfare of the people. Project approval for this development is still being contested in the courts (California 1st District Court of Appeal #A113236, Friends of Lagoon Valley vs. City of Vacaville et al) Our lawsuit contends (1) that the proposed development is inconsistent with Vacaville’s General Plan, and (2) that it misapplies the California Density Bonus Statute (Gov’t Code #65915.) On December 31, 2005 the city of Vacaville experienced catastrophic flooding. A watershed study commissioned by the City of Vacaville after the flood is not yet complete and has not been made public. It would be folly to grant any wetlands or waterways permits within the Ulatis Creek watershed until such time as this major watershed study has been released. The Friends of Lagoon Valley need that information, the citizens of Vacaville need that information and the Army Corps of Engineers needs that information before any Lagoon Valley wetlands permit is granted. Section 1: Alternatives CONSTRAINTS Standard Pacific (hereafter "THE APPLICANT") has not provided information concerning project alternatives, as you point out in your Public Notice #200300760. Section 404(b)(1) of the Clean Water Act (CWA) and the National environmental Policy Act (NEPA) stipulate that you are required to determine the least environmentally damaging practicable alternative (hereafter "LEDPA") which meets the project purpose. Pursuant to Section 404(b)(1) of the CWA and related regulations, all reasonable project alternatives, in particular those which may be less damaging to the aquatic environment, must be considered. According to the rules governing the regulatory programs of the Corps of Engineers, "In accordance with Executive Order 11988, the district engineer should avoid authorizing floodplain developments whenever practicable alternatives exist outside the floodplain. If there are no such practicable alternatives, the district engineer shall consider, as a means of mitigation, alternatives within the floodplain which will lessen any significant adverse impact to the floodplain." 41226 Federal Register /Vol. 51, No. 219 / One of the reasons given for proposing such a high-density subdivision for Lagoon Valley has been the assumed need to amortize the enormous expense of running sewer pipes over or through the hills to the Easterly Waste Water Treatment Plant in Elmira. The digging of trenches, laying of sewer pipe and the pumping of sewage are, in themselves, a formidable environmental challenge posing special risks to the historic Peña Adobe, to nearby Indian burial grounds and other cultural/historical sites in Lagoon Valley, and to the wetlands themselves. The past few years have seen exciting developments in alternative wetlands-friendly, low-tech sewage treatment options. (see enclosed document, "A Natural System for Wastewater Reclamation and Resource Enhancement: Arcata, California") We urge serious consideration of this alternative to the planned sewer line. FOR CONSIDERATION We believe that Standard Pacific has not considered appropriate alternatives for this development. In the 3+ years since the Environmental Impact Report was certified, many things have changed in Vacaville. There has been a significant change in rainfall and flooding patterns, perhaps because of global warming and climate change. We seriously urge the Corps to insist on additional alternatives outside of the flood plain as recent experience with flooding reminds us all of the folly of paving over agricultural land in the floodplain. We urge the Corps to give serious consideration to the long-term cultural, recreational and environmental advantages of no development in the Lower Lagoon Valley – especially when wedded to the possibility of a true Regional Park District in Solano County. Such a Park District would include several sites of enormous importance to the navigable waters of the United States: Lake Solano, the Suisun March, Suisun and Montezuma Sloughs, Rockville Park in Fairfield, Sandy Beach Park in Rio Vista, Lynch Canyon in Cordelia and Green Valley Falls in Vallejo, and – of course – Lagoon Valley Regional Park in Vacaville. A well-funded and well-managed Lagoon Valley Regional Park might possibly even include a golf course, with active wetlands management for the entire Valley. The one thing it would not include is yet another subdivision. The Friends of Lagoon Valley would seriously consider supporting decreased
residential development in the Lower Lagoon Valley. We would be especially
interested in the possibility of low-density, large-parcel development around
the back rim of the Valley using modern septic systems or low-tech sewage pond
technology, thereby avoiding the need for the expensive and
environmentally-damaging sewer line. Section 2: Threatened/Endangered Species and Habitats. Constraints One of our FLV core members, Roberto Valdez, is a member of the Habitat Conservation Plan (HCP) of Solano County, knowledgeable about species and habitat issues. He is a long-time Vacaville resident who is concerned about the adverse environmental impacts that the Lower Lagoon Valley Residential Housing project will have on the judicial waters within the project area for the following endangered or threatened species and their habitats. He writes: 1. Canada Geese along Lagoon Valley Lake creek and waterways within project area re: Endangered Species and Mitigation:The Canadian Geese (Branta Candensis) are Federally–protected migratory birds that tend to nest for several months in Lagoon Valley lake along its lake shores and central island refuge within surrounding project area, consisting of 5-6 significant flocks. Consisting of 250-300 birds, these large waterfowls tend to avoid human contact in the western side of Lagoon Valley Lake along the adjacent Lagoon Valley creek within project area and judicial delineation. During their seasonal migration several large flocks conduct regularly flybys, crisscrossing the project area and judicial delineation in Lower Lagoon Valley. The LSA reports do not address at all the environmental impacts that the development will have on these federal-protected species. 2. Elderberry Longhorn Plant Beetles (VELB) in the northern (CA-SOL 30H & 324) historic sites and in the Tri-Villages project area re: Endangered Species:These Beetles (Desmocerus Californicus Dimorphus) are listed as Federally- Threatened Species as of August 8, 1980 (45FR52803). These insects tend to fly between their elderberry plant habitats. LSA has pin-pointed at least 8 significant elderberry bushes in the northern sides of the project area and one in the northeastern corner of the agricultural parcel within the Villages No. 3. LSA does not foresee any environmental impact to the Elderberry Longhorn Plant Beetles and their habitat, mitigating for only one VELB within Village No. 3. 3. Contra Costa Goldenfield Plants in the southern upland hillsides within the tri-village project area re: Endangered Species and Mitigation.The Contra Costa Goldfields (Lasthenia Congugens) are Federally-endangered plant species as of June 18, 1997 (62 FR 33029) and are a CNPS List 1B species. They tend to grow in seasonal wetlands and are associated with vernal pools, ponds, and swallow waterways. They are very resilient in alkaline soils which are found prominently in Lagoon Valley. These annual plants occur mostly during April. They also tend to be pollinated by native bees along upland hillsides in Solano County. LSA claims that they were not able to find any CCGPs within the project areas/judicial delineation during their monitoring surveys, encompassing the vernal pools within the central Tri-Village project area and west side of Lagoon Valley creek. 4. Vernal pools in the Westside of the Lagoon Valley Lake and central areas within the Tri-Villages project areas re: Mitigation.These small-to-large seasonal pools occur currently around Lagoon Valley Lake within the project area. They are the main habitat for Contra Costa Goldfield Plants, the California Fairy Shrimp, the Vernal Pool Tadpole Shrimp, California Red-Legged Frogs and a host of other endangered aquatic species. LSA is in denial that these species exist in Lagoon Valley and intends to isolate further the vernal pool corridors within the project area and judicial delineation. 5. California Tiger Salamander along vernal pools in around Lagoon Valley Lake and ponds within Tri-Villages area re: Endangered Species and Mitigation.The California Tiger Salamander (CTS) was designated as a threatened species on July 26, 2004 under both federal and State Law. They are found in rodent burrows and other crevices during dry season until winter time migrating during the night. They tend to laid their eggs on vegetation near vernal pools and ponds. LSA is in denial that CTS exist in within project area, but, nevertheless, they are mitigating their possible presence in Lower Lagoon Valley within Tri-Village project. They are found in Alamo Creek which feed into Laguna creek and the bypass channel along Westside of Lagoon Valley Lake within project area. LSA is in denial on existence of CTS within project area, indicating contradictory information in the Mitigation Plan and Biological Assessment. 6. Other Endangered/Threatened Species within Project Area and Judicial Delineation re: Mitigation and Biological Assessment.LSA is in complete denial that both burrowing owls and Swainson’s Hawks have been sighted in Lower Lagoon Valley by Audubon birders. LSA also deny the possible existences of Vernal Pool Fairy Shrimps (VPFS), California Red-Legged Frogs (CRLF), Vernal Pool Tadpool Shrimps (VPTS), and Contra Costa Goldfields Plants (CCPS) within project area and judicial delineation. Worse, LSA states that the project area will not have any effect on these associated species. 7. Natural ponds (A,C,D,E) within judicial delineation and 1 pond (B) in Village no. 3 within project area re: Mitigation and Monitoring Plan.LSA has not mitigated on possible endangered/threatened species (please cited species in no. 6) within these waterway ponds. For Consideration In addition, we are also concerned about the adverse impacts to the Western Pond Turtles (re: Mitigation) (Clemonysmormorata), Federal Species of Concern and a California Species of Special Concern, and their habitat found along Lagoon Valley Lake creek and other riparian creeks within the project area. They tend to flow on the surface waters along the Lagoon Valley creeks and sun-bask within the project areas. Also, a Special species of concern occurrence was documented by the FWS in the U.S. Geographic Survey map (c.1951) within the northern tip in the project area near Lagoon Valley Lake. They co-exist often with federally-endangered Red-Legged frogs, Canada Geese and other riparian species within the project area throughout Lagoon Valley corridor. We also do not understand the environmental benefits that the artificial golf course will have on the natural wildlife and waterfowls as well as their habitats, considering that Lagoon Valley functions as one of two important central corridors within Pacific Coast flyway in Solano County. Therefore, we are requesting that the USACE either deny the housing permit request for this proposed development project or provide a necessary public hearing to expedite the evaluation factors related to this permit request in a fair matter and reasonable timeline for the following reasons: · We were not informed appropriately by any public notice from the Army Corps of Engineers, the City of Vacaville, or the current developer, being involved with this proposed project during the past 10 years. In fact, we only learned about this permit request coincidentally from a member of the Friends of Lagoon Valley.· We are certain that the general public was not informed about this permit request, because it was not posted in any of our local mass media such as our local newspapers until we brought it to the attention of our local Vacaville Reporter and Fairfield Daily Republic.· We also feel that it is very important that the general public have an opportunity to respond appropriately under the Federal Endangered Species Act and environmental laws on the evaluation factors related to this permit request that LSA Associates, the permit consultant, is proposing to implement in Lower Lagoon Valley. In fact, LSA Associates has been the main consultant for the current developer, the City of Vacaville, and the Habit Conservation Plan of Solano County, so that we do not comprehend in their denial that certain threatened/endangered species and their habitat continue to co-exist in Lower Lagoon Valley within project area and judicial delineation.· Mr. Valdez’s investigative observations on Lagoon Valley for the past 10 years lead us to suspect that the City of Vacaville, the present stewards of the land, have neglected and mismanaged the waterways in the Lower Lagoon Valley in order to attract the previous and current developer.· Friends of Lagoon Valley has filed an appeal to the pending litigation against the current developer and City of Vacaville in the First Appellate Court of California, Third Division, which will affect the current request for the housing permit of this proposed development project within the project area and judicial delineation.Section 3: Cultural & Historic Factors Constraints Lagoon Valley provides a tangible connection to its layered past. Its true significance lies in the cumulative aspects of the archeological, cultural, historic, and environmental treasures that lie within it. Unfortunately, the Cultural Resources Study for the Lower Lagoon Valley Policy Plan Implementation Project ("LSA report") prepared by LSA on June 7, 2006 does not fully examine the diverse cultural resources that deserve protection. For example, under the National Register of Historic Places Criteria the Ranchotel should be eligible for listing in the National Register under Criteria [A] and [C], yet no reference or examination is made. This unique business is over fifty (50) years old, still owned by its founder, and is indicative of classic 1950's Americana that developed from tourism as a result of the Lincoln Highway. The omission of the Ranchotel from consideration is unacceptable, as this historic structure is in immediate jeopardy from encroachment and flooding both from the proposed sewer line alignment and subsequent construction of the Mega-Church. Further, in a domino effect, the Peña Adobe (a property listed both on the National and State Historic Registers) will also be in the immediate path of potential destruction from flooding caused by the raised water table from the Mega-Church. The developer has attempted to circumvent the dangers posed by the Mega-Church by not including the project in the certified EIR. The justification for the exclusion is the project will be developed by others. Yet the construction of the Mega-Church is referenced in the LSA report and on the maps. This is deceptive as it gives the perception that the impact of the Mega-Church on the project has been fully considered; when in fact, it has not. The LSA report also fails to discuss several significant individuals who were influenced by Lagoon Valley. Willis Linn Jepson, the renowned botanist, observed many specimens in Lagoon Valley that served to become the foundation of his magnum opus, The Flora of California, a book considered by many to be the Bible of California flora. The flora and fauna of Lagoon Valley also served to inspire Charles Edwin Markham, the famous poet (and a contemporary of George Sterling and Jack London), who wrote poems about his observations of the valley. Fortunately, much of the unique flora and fauna that inspired Jepson and Markham can still be observed in the valley today. Section 4: General Environmental Factors CONSTRAINTS Aesthetics – The view driving thru the Valley is one of a park-like, semi-rural open space, candy to the eye and calming to the soul. Every day tens of thousands of people enjoy this respite from strip malls, subdivisions and urban sprawl. Our vision for Lagoon Valley, the western gateway to Vacaville, is to have a nearby, accessible, open, green, peaceful, urban getaway that everyone can enjoy. The valley will be restored, preserved and protected to serve as a natural interactive learning environment for Vacaville’s priceless heritage of natural, cultural, and prehistoric resources. Trails will be developed, scenic vistas preserved, and park areas set aside for enjoyment and healthful recreation. The valley will become a premier gathering place for people from all over the country, while continuing to provide a breathing space on the freeway, a refuge for wildlife -- and an inspiration for generations to come. Wetlands & floodplain values – According to the rules governing the regulatory programs of the Corps of Engineers,"Floodplains possess significant natural values and carry out numerous functions important to the public interest. These include:
(41226 Federal Register /Vol. 51, No. 219 /Thursday, November 13, 1986 /Rules and Regulations) We need not belabor the fact that the Lower Lagoon Valley is a natural wetland and a floodplain in all four aspects listed above. Therefore we ask the Army Corps of Engineers to deny a permit for turning it into a subdivision.Land use – There are at least sixteen (16) golf courses within a
25-mile radius of Lagoon Valley: Green Tree, Cypress Lakes, Rancho Solano,
Paradise Valley, Green Valley, Hiddenbrooke, Trilogy, El Macero, Wildhorse,
Davis Golf Course, Eagle Vines, Kennedy Park in Napa, Chardonnay, Silverado,
Blue Rock Springs, and Delta View. Another golf course is not needed! Building a
golf course there would be poor land use. Recreation – The best – and least environmentally damaging – use of this land would be parkland and open space, especially when wedded to the very real possibility of a Regional Park District in Solano County. Such a Park District would include several sites of enormous importance to the navigable waters of the United States: Lake Solano, the Suisun Marsh, Suisun and Montezuma Sloughs, Rockville Park in Fairfield, Sandy Beach Park in Rio Vista, Lynch Canyon and Green Valley Falls in Cordelia, and – of course – Lagoon Valley Regional Park in Vacaville. A well-managed Lagoon Valley Regional Park would have active wetlands management for the entire Valley. It could provide recreational opportunities as well as historical, cultural and educational sites of interest to many. The one thing it would not include is yet another subdivision. Water supply and conservation - Lack of any consideration of run-off of herbicides, pesticides and fertilizer applied to lawns and gardens of the 1000+ homes in the proposed subdivision, and absence of any data about the impact of both private and golf course swimming pools. Cultural & Historic Concerns – The Friends of Lagoon Valley are
concerned about the adverse impacts that the proposed sewage pipelines will have
on the native American historic sites (CA SOL 30H & CA SOL 324).
Following option No. 2 of the current city plans, the proposed sewage
pipeline system will disturb for a second time the Native American historic
gravesites in CA-SOL 30H & CA SOL 324 within the project area, splitting
these sacred Indian grounds. Interestingly, LSA only recommends only 1
(CA-SOL 324) out of 22 other cultural sites, which LSA archeologists indicate
that they have survived for thousands of years, within the project
area under the National Historic Registered Sites (NHRS). The needs and welfare of the people - The one problem mentioned more than
any other when it comes to subdivision development in the Lower Lagoon Valley is
TRAFFIC. The EIR for this project also showed traffic at a nearby intersection being
affected as well as the freeway itself. The only suggested mitigation measure
would be to have the Department of Transportation add more lanes to the freeway.
This would cost the tax payers more money which they seem to not want to spend
as several of Transportation taxes and bonds have recently failed to pass
including the last one measure "H". 1Travel
Behavior Issues in the 90's. U.S. Department of Transportation, Federal
Highway Administration. 2 Hobson, Jeff, Balanced Transportation: Achieving Congestion Relief and Meeting Transportation Needs inSolano County. Solano Orderly Growth Committee, Greenbelt Alliance, Transportation and Land Use Coalition, and Surface Transportation Policy Project. p.2.
FOR CONSIDERATION
Section 5: Flood Hazards & Safety Constraints Flood hazards: Historically, the Lower Lagoon Valley has been one big
seasonal wetland. On hard clay soil the natural lagoon filled during wet years,
often covering the entire Valley floor. Neither the 1970’s era
human-engineered lake nor the proposed 21st century golf course can
trump that reality. During major storms, the Valley has flooded, floods and will
flood. Floodwaters flow down the lake’s bypass channel into Laguna Creek and
thence into Alamo Creek where they flood South Vacaville. Flooding then spreads
out over Interstate 80 blocking east-west traffic. We do not believe this issue
has been resolved. (see attached photos) Safety: In addition to periodic flooding in Lagoon Valley, there is the
regular seasonal danger of wildfire. (see attached photos) The dry grassy hills
are extremely combustible during wildfire season; indeed, a fire scorched
several acres just last week after a car went off the road and ignited the dry
grass near Nelson Road. SUMMARY In closing, we respectfully request a public hearing on this matter because the watershed study commissioned by the City of Vacaville after the catastrophic flooding of New Year’s Eve 2005 is not yet complete and has not been made public. The study is being prepared by the Solano County Water Agency ("SCWA") and Mr. David Okita is the General Manager. It would be folly to grant any wetlands or waterways permits within the Ulatis Creek watershed until such time as this major watershed study has been released. The Friends of Lagoon Valley need that information, the citizens of Vacaville need that information and the Army Corps of Engineers needs that information before any Lagoon Valley wetlands permit is granted. Furthermore, we request that your office conduct a public hearing on this matter so that a full disclosure is out in the open for the people of Vacaville. In spite of the successful referendum conducted in 2004, community residents were never able to express their views on this proposed development. The City Council cancelled the special election after our successful referendum petitions by changing the specific plan and claiming that the new plan matches a previously approved one. We are challenging this issue in court. In our opinion the entire development of Lagoon Valley would have been put to a referendum at the first go around over 15 years ago, if not for illegal interference with the referendum process by the developer and their surrogates. Hence the development has been forced through by city councils (working at the behest of the developers) who have steadfastly refused and thwarted all attempts to put the development of the area up to a vote of the people. That is one reason that the plan is so bad, because public input has been ignored, nay, actively scorned, from the beginning. We also feel that it is very important that the general public have a chance to respond appropriately under federal laws on the evaluation factors related to this permit request that LSA Associates, the permit consultant, is proposing to implement in Lower Lagoon Valley. LSA Associates has been the main consultant for the current and the previous developer, the City of Vacaville, and the Habit Conservation Plan of Solano County, so that they are in denial that certain endangered species and their habitat exist in Lower Lagoon Valley. Worst, they do not recognize the historic value of some important Native American sites which stand to interfere with the proposed project areas. We request a public hearing on this matter because, as in most reports prepared for development projects, the LSA report compartmentalizes mitigating factors. The full scope of loss is not conveyed. Lagoon Valley is unique, special, priceless. In consideration of the archeological, cultural, historic, and environmental treasures within the valley, a creative approach would be to nominate the valley as a historic district. For several treasures referenced herein may be not qualify for protection or may be mitigated, but as a whole the valley is irreplaceable as it is. Finally, we respectfully request a public hearing on this matter because the Friends of Lagoon Valley is a "mosquito organization" (cf. Cesar Chavez) compared to Standard Pacific. We do not have hundreds of thousands of dollars to pay a consulting firm to research and report on wetlands issues in Lagoon Valley. We do, however, have valid and reality-based concerns about this proposed project; we ask you to hear our concerns and our voices in a public hearing. Thank you for your consideration of this important issue. Signed for the Friends of Lagoon Valley:
Flooding in South Vacaville, from "December 31, 2005 New
Year’s Eve Floods"
Lagoon Valley Grassfire from "June 30, 2005 Lagoon Valley
Fire"
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