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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-2003-50418, the Carroll Property Project, Park City, Summit County, Utah

Posted: 10/3/2017

Expiration date: 11/1/2017


Comments Period: October 3, 2017 – November 1, 2017

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Carroll Property project, which would result in impacts to approximately 0.38 acre of waters of the United States, including wetlands, in or adjacent to Kimball 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. Michael Carroll,  2800 Patterson Avenue, Richmond, Virginia 23221

LOCATION: The approximately 2.5-acre project site is located within the Salt Lake Base and Meridian, Section 29, Township 1 South, Range 4 East, Latitude 40.7029°, Longitude -111.5157°, in Park City, Summit County, Utah, and can be seen on the Park City West USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The project area consists of two legally designated residential parcels which are located along the western side of 300 West. Each parcel is approximately 1.25 acres in size. The applicant is proposing to construct a 0.29 acre building pad for a single family home and garage on the northern parcel, and an additional 0.29 acre building pad for an associated guesthouse with a garage on the southern parcel. The project can be accessed from 300 West. Based on the available information, the overall project purpose is to provide a dwelling for the applicant and their family that visit for extended periods. The applicant believes there is a need to place fill within designated wetlands in order to construct the building pads and utilities for the two residential structures. According to the applicant, the living quarters provided by the two residential buildings are significantly smaller than neighboring structures, which range in size from 0.8 acre to 1.6 acres. The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

     Environmental Setting. The 2.5 acre project site is located within the Snyderville Basin, which is characterized by numerous palustrine emergent wetlands. Approximately 2.3 acres of fen wetlands exist within the project area, of which, 0.38 acres will be impacted by the placement of fill material. The wetland areas on site are vegetated mainly with Baltic rush (Juncus balticus), western Jacob’s ladder (Polemonium occidentale), Nebraska sedge (Carex nebrascensis), and Canada thistle (Cirsium arvense). The upland area consists mainly of smooth brome (Bromus inermis), nodding thistle (Carduus nutans), and prickly lettuce (Lactuca serriola). The soils on the wetland portion of the site exhibit an upper layer composed of organic materials. These soils, in conjunction with a high water table, are indicative of fen-type wetlands, which are difficult-to-replace aquatic resources. The upland portion of the site exhibits clay soils that are dry and rocky in appearance. The overall hydrology of the site appears to be a result of seasonal flooding and saturation from groundwater, with most of the wetland areas draining into Kimball Creek, an intermittent stream located east of the project site.

     Alternatives. The applicant has not provided information concerning project alternatives. Additional information concerning project alternatives may be available from the applicant or their agent. 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. According to information supplied by the applicant, the project has been designed to have the least amount of wetland impacts in consideration of logistical constraints and project costs, while still meeting the project’s purpose and need. The project will utilize the entirety of the existing uplands within the two parcels. In order to compensate for any unavoidable impacts, the applicant has proposed to preserve the state of the fen wetlands remaining within the project area, and to enhance a riparian area existing within the same watershed.

OTHER GOVERNMENTAL AUTHORIZATIONS: A Section 401 Water Quality Certification or a waiver from the Utah Division of Water Quality is required for Corps issuance of a standard individual permit for the proposed project. This requirement comes from the authority of Section 401 of the Federal Clean Water Act, (33 U.S.C. Subsection 1341) and is consistent with the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Ann. 1953, as amended and Utah Administrative Code R317-15. The applicant has indicated they intend to apply for this 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. A person who wishes to challenge such certification may only raise an issue or argument during an adjudicatory proceeding that is raised during the public comment period and is supported with sufficient information or documentation to enable the Director to fully consider the substance and significance of the issue. Utah Code Ann. 19-1-301.5 can be viewed at the following URL: http://le.utah.gov/~code/TITLE19/htm/19_01_030105.htm. Written comments specific to the Section 401 Water Quality Certification relative to this public notice should be submitted to Mr. Bill Damery, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or wdamery@utah.gov by November 1, 2017.

HISTORIC PROPERTIES: Based on the available information, no cultural resources were identified within the project's area of potential effect. The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

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. The Corps will initiate consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.

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 Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.

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-2003-50418 must be submitted to the office listed below on or before November 1, 2017.

Ashley Kraetsch, Project Manager
US Army Corps of Engineers, Sacramento District
Bountiful Regulatory Office
533 West 2600 South, Suite 150
Bountiful, Utah 84010
Email: Ashley.M.Kraetsch@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 Ashley Kraetsch, at 801-295-8380 extension 13, or via email at Ashley.M.Kraetsch@usace.army.mil.

Attachments: 6 drawings