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Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

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SPK-2017-00110, Keller Landscaping - Rice Farms Estates, Lot 513 project, Farmington, Davis County

Posted: 9/5/2017

Expiration date: 9/20/2017


Comments Period: September 5, 2017 – September 20, 2017

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Keller Landscaping - Rice Farms Estates, Lot 513 project, which would result in impacts to approximately 0.05 acre of waters of the United States, including wetlands, in or adjacent to Davis Creek. This notice is to inform interested parties of the proposed activity and to solicit comments.

AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

APPLICANT: Mr. Jeffery Keller, 789 Eliza Ct., Farmington, Utah 84025

LOCATION: The approximately 0.1-acre project site is located at 789 Eliza Court, Latitude 40.9680°, Longitude -111.8871°, Farmington, Davis County, Utah, and can be seen on the Farmington USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to construct a landscaping project, which would clear vegetation, level the ground, and install grass, flower beds, and fencing. Based on the available information, the overall project purpose is to convert a wetland area into a backyard. The applicant believes there is a need to beautify the property, make it more functional and usable to humans, and create a barrier to weeds. The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

    Environmental Setting. There are approximately 0.05 acre of palustrine emergent wetlands within the project area. These wetlands are part of a wetland preserve, establishment of which is required pursuant to the standard individual permit (SPK-2007-00751) that authorized wetland impacts needed to construct the surrounding subdivision, including the subject lot. The site is characterized by herbaceous wetland vegetation.

    Alternatives. The applicant has not provided information concerning project alternatives. Additional information concerning project alternatives may be available from the applicant or their agent. Other alternatives may develop during the review process for this permit application. All reasonable project alternatives, in particular those which may be less damaging to the aquatic environment, will be considered.

    Mitigation. The Corps requires that applicants consider and use all reasonable and practical measures to avoid and minimize impacts to aquatic resources. If the applicant is unable to avoid or minimize all impacts, the Corps may require compensatory mitigation. The applicant has proposed to mitigate for project impacts by purchasing mitigation bank credits from an approved mitigation bank.

OTHER GOVERNMENTAL AUTHORIZATIONS:  Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Utah Department of Environmental Quality is required for this project.  The applicant has indicated they have applied for certification.  Projects are usually certified where the project may create diffuse sources (non-point sources) of wastes which will occur only during the actual construction activity and where best management practices would be employed to minimize pollution effects.  Written comments on water quality certification should be submitted to Mr. Bill Damery, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or  email wdamery@utah.gov on or before September 20, 2017.

HISTORIC PROPERTIES: Based on the available information, the project is of such limited nature and scope that there is little likelihood of impinging upon a historic property even if such properties were to be present within the affected area. Therefore, the project does not have potential to affect historic properties.

ENDANGERED SPECIES: The project would not affect any Federally-listed threatened or endangered species or their critical habitat that are protected by the Endangered Species Act.

ESSENTIAL FISH HABITAT: The proposed project would not adversely affect Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act.

The above determinations are based on information provided by the applicant and our preliminary review.

EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described 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 described activity, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230).

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 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 proposed activity.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2017-00110-UO must be submitted to the office listed below on or before September 20, 2017.

Matt Wilson, Senior Project Manager
US Army Corps of Engineers, Sacramento District
Bountiful Regulatory Office
533 West 2600 South, Suite 150
Bountiful, Utah 84010-7744
Email: Matthew.S.Wilson@usace.army.mil

The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. Anyone may request, in writing, that a public hearing be held to consider this application. Requests shall specifically state, with particularity, the reason(s) for holding a public hearing. If the Corps determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location. Please note that all comment letters received are subject to release to the public through the Freedom of Information Act. If you have questions or need additional information please contact the applicant or the Corps' project manager Matt Wilson, (801) 295-8380 X 11, Matthew.S.Wilson@usace.army.mil.

Attachments: 3 drawings