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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-2016-00527, Public Notice of Proposed In-Lieu Fee Program, Northern Utah In-Lieu Fee Program, Box Elder, Weber, Cache, Rich, Morgan, Summit, and Davis Counties, UT

REGULATORY DIVISION
Published June 12, 2020
Expiration date: 7/12/2020

 

Comment Period:  06/12/2020 – 07/12/2020

The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a proposal by The Nature Conservancy-Utah to establish the Northern Utah In-Lieu Fee Program (ILF Program), which would result in the establishment, re-establishment, rehabilitation, enhancement, and/or preservation of waters of the United States, including wetlands, in Box Elder, Weber, Cache, Rich, Morgan, and Summit Counties, as well as part of Davis County, in northern Utah.  This notice is to inform interested parties of the proposed activity and to solicit comments.  This notice may also be viewed at the Corps web site at www.spk.usace.army.mil/Media/RegulatoryPublicNotices.aspx.  A copy of the Sponsor’s February 2020, Nature Conservancy Northern Utah ILF Program prospectus is available online at the following location: https://ribits.ops.usace.army.mil/ords/f?p=107:378:4879709649233::NO::P378_PROGRAM_ID:2857.  

AUTHORITY:  The proposed ILF Program prospectus is being evaluated under 33 Code of Federal Regulations (CFR) Part 332.8.

SPONSOR:         The Nature Conservancy-Utah
                              559 East South Temple
                              Salt Lake City, Utah 84102
                              ann.neville@tnc.org  

LOCATION:  The proposed ILF Program would operate as a standalone program to provide compensatory mitigation for activities authorized by DA permits within the following watersheds: Upper Bear (16010101), Bear Lake (16010201), Middle Bear (16010202), Little Bear-Logan (16010203), Lower Bear-Malad (16010204), Upper Weber (16020101) Lower Web (16020102), Northern Great Salt Lake Dessert (16020308), and Curlew Valley (16020309).  No specific ILF project sites have been identified at this time.

PROJECT DESCRIPTION:  The prospective Sponsor proposes to establish an ILF Program to provide compensatory mitigation for activities authorized by DA permits, including the discharge of fill material into waters of the United States pursuant to Section 404 of the Clean Water Act and for authorized structures and/or work in, under, or over navigable waters pursuant to Section 10 of the Rivers and Harbors Act. The ILF Program proposes to provide compensatory mitigation for impacts to aquatic resources; including rivers, streams, and wetlands, authorized by DA permits.  The Sponsor is proposing two ILF Program Service Areas; the Northern Mountain Service Area, and the West Desert Service Area. The ILF Program Service Areas are described in more detail in Exhibit A.1 of the prospectus. 

The Sponsor has identified the following objectives for the ILF Program:

  1.  To provide compensatory mitigation options for impacts to rivers, streams, and wetlands by designing and implementing high-quality, sustainable mitigation projects with a high likelihood of success.
  2. To provide ecologically significant river, stream, and wetland mitigation projects that are consistent with a watershed-based mitigation approach.
  3. To provide benefits to the natural environment in Utah that maximize the conservation objectives and The Nature Conservancy-Utah and its partners in conservation.

Detailed information, including ILF Program establishment, operation, and draft Compensation Planning Framework can be found in the Sponsor’s proposed ILF Program Prospectus located here: RIBITS link.

ADDITIONAL INFORMATION: The ILF Program Area includes the Upper Bear (16010101), Bear Lake (16010201), Middle Bear (16010202), Little Bear-Logan (16010203), Lower Bear-Malad (16010204), Upper Weber (16020101) Lower Web (16020102), Northern Great Salt Lake Dessert (16020308), and Curlew Valley (16020309) in Box Elder, Weber, Cache, Rich, Morgan, and Summit County, as well as part of Davis County, in northern Utah.

Environmental Setting.  The ILF Program would operate over two regional watershed based Service Areas.

A DA permit may be required for any subsequent restoration activities under the proposed ILF Program if those activities would result in a regulated discharge of dredged and/or fill material into waters of the U.S. or structures and/or work in, under, or over navigable waters subject to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.

OTHER GOVERNMENTAL AUTHORIZATIONS:  The Interagency Review Team responsible for the review and approval of the proposed ILF Program include representatives from the Corps, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Utah Division of Water Quality, and Utah Division of Wildlife Resources.

HISTORIC PROPERTIES:  The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.  The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act for any subsequent ILF Program project site approvals, as appropriate.

ENDANGERED SPECIES:  The proposed ILF Program will 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, pursuant to Section 7 of the Endangered Species Act for any subsequent ILF Program site approvals, as appropriate.

ESSENTIAL FISH HABITAT:  The proposed ILF Program will 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 prospective Sponsor and our preliminary review.

EVALUATION FACTORS:  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 ILF Program.  Any comments received will be considered by the Corps to assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors.  Comments are used in the evaluation of the proposed ILF Program per 33 CFR Part 332.8 and in the preparation of an Environmental Assessment pursuant to the National Environmental Policy Act.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2016-00527 must be submitted to the office listed below on or before July 12, 2020.

            Laura Shively, Mitigation Bank Specialist
            US Army Corps of Engineers, Sacramento District
            1325 J Street, Room 1350
            Sacramento, California 95814-2922
            Email:  Laura.B.Shively@usace.army.mil

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 Laura Shively, (916) 557-5258, Laura.B.Shively@usace.army.mil.

 

Attachments:  1 drawings
Attachment 1-Proposed Northern Utah ILF Program Area Map