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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-2020-00588, Public Notice of Permit Application, Willow Lakes Holdings, LLC, 1000 West 1100 South, Cache County, UT

REGULATORY DIVISION
Published March 17, 2022
Expiration date: 4/18/2022

Comment Period: March 17 – April 18, 2022

SUBJECT:  The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge dredged or fill material in approximately 5.47 acres of wetlands and 3,987 linear feet/1.95 acres of perennial stream channel to construct the Willow Lakes Residential Development project. 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:  Willow Lakes Holdings, LLC; Mr. Brett Jensen, 565 West 465 North, Suite 150, Providence, UT, 84332

LOCATION:  The approximately 187.3-acre project site is located adjacent to the Logan River and west of 1000 West, Latitude 41.7095°, Longitude -111.8692°, in Logan, Cache County, Utah, and can be seen on the Wellsville USGS Topographic Quadrangle.

PROJECT DESCRIPTION:  The applicant is proposing to discharge dredged and fill material into 5.47 acres of wetlands and 3,987 linear feet of perennial stream channel to construct a master-planned community featuring two water ski lakes, a clubhouse, and a mixture of multifamily units and single-family building lots.  The project would consist of 123 single-family building lots, approximately six apartment buildings (approximately 180 units), a clubhouse/event center, and two man-made lakes consisting of a slalom ski lake and big wake and tube lake.  There would be one boat dock on the big wake and tube lake and one boat dock on the slalom ski lake.  The project would also include new roads and utility, communication, and water lines typically associated with residential construction.  Although not part of the Project, an additional 47 acres along the Logan River has been purchased by the Applicant and placed into a conservation easement.  The applicant has identified the overall project purpose is to create affordable housing and public recreational opportunities in Cache County near Logan City.  The applicant believes there is a need to relieve an affordable housing shortage that exists in Cache County.  The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

Environmental Setting.  The project area is located in a large valley surrounded by mountains to the east, west, and south with numerous nearby aquatic resources, including wetlands, streams, rivers, and lakes.  There are approximately 26.96 acres of emergent marsh wetlands, 0.18 acre of fen wetlands, 1.18 acres of wet meadow wetlands, 3.34 acres of forested wetlands, 0.08 acre of scrub shrub wetlands, and 18,054 linear feet (11.42 acres) of perennial channel within the project area.  The project area is situated on private undeveloped agricultural land with nearby existing residential developments, a four-lane road (SR 252), industrial development, and other undeveloped agricultural land.  The Logan River runs south and southwest of the project area.  Clusters of trees and other vegetation line the river corridor near project area.  Agriculture is the most prominent land cover type in the project area, a large portion of which is currently used for livestock grazing.  There is one existing residential home in the project area that is being incorporated into the design of the project.  Typical wetland vegetation on site includes Nebraska sedge (Carex nebrascensis), Baltic rush (Juncus balticus), Spike rush (Eleocharis palustris), Broadleaf cattail (Typha latifolia), Reed canary grass (Phalaris arundinacea), and Threesquare bullrush (Schoenoplectus pungens).  Typical upland vegetation includes Common dandelion (Taraxacum officinale), White clover (Trifolium repens), Tall fescue (Festuca arundinacea), Smooth brome (Bromus inermis), and Timothy grass (Phleum pratense).  

Alternatives.  The applicant has provided information concerning on-site and off-site project alternatives.  Off-site alternatives included evaluation of potential sites at 3200 West 1000 South in Nibley, 200 West 3200 South in Nibley, 3070 West 5000 South in Wellsville, and 4200 West 2200 South in College Ward.  On-site alternatives included other design configurations with more residences and an additional lake.  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 a combination of on-site river restoration, wetland creation, and preservation through conservation easement.

OTHER GOVERNMENTAL AUTHORIZATIONS:  Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Utah Division of Water Quality is required for this project.  The applicant has indicated they have applied for certification.

HISTORIC PROPERTIES:  Based on the available information, including applicant's report titled “Class III Cultural Resource Inventory for the Willow Lake Project, Logan, Cache County, Utah”, no eligible 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 proposed activity may affect Federally listed endangered or threatened species or their critical habitat.  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 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-2020‑00588 must be submitted to the office listed below on or before April 17, 2022.

Michael Pectol, Project Manager
US Army Corps of Engineers, Sacramento District
Bountiful Regulatory Office
533 West 2600 South, Suite 150
Bountiful, Utah 84010
Email: Michael.A.Pectol@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 Michael Pectol, (801) 295-8380 ext. 8315, Michael.A.Pectol@usace.army.mil.

Attachments:  14 drawings