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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.

Public Notices published by the Sacramento District under the Regulatory Program are posted on this page. Once a public notice is available on-line, an email notification is sent to individuals on the appropriate mailing list.

Comments are due by the expiration date of the public notice.  Only comments submitted by email or in hard copy format through a delivery service, such as the U.S. Postal Service, can be accepted.   Comments must be submitted to the address listed in the public notice.

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SPK-2023-00031, Public Notice of Permit Application, Promontory Harbor and Access Channel Dredging, Box Elder County, UT

REGULATORY DIVISION
Published March 3, 2023
Expiration date: 3/30/2023

Comment Period: March 1, 2023 – March 30, 2023

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge dredged material in approximately 55 acres of waters of the United States to dredge the Promontory Harbor and access channel. 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: Great Salt Lake Brine Shrimp Cooperative, Inc., Attn: Mr. Timothy Hawkes, 1750 West 2450 South, Ogden, UT, 84401

LOCATION: The approximately 93.5-acre project site is located on the south edge of Promontory Point along the Great Salt Lake, Latitude 41.19692°, Longitude -112.41886°, Box Elder County, Utah, and can be seen on the Promontory Point USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to annually dredge the existing Promontory Harbor and access channel for a period of five years.  Historically, the harbor and access channel were dredged using a suction dredge from a barge and the dredged material was pumped into a holding pond above the Ordinary High Water Mark (OHWM) of the Great Salt Lake.  Once the material dried, it was loaded into trucks and hauled to a disposal site.  This method of dredging was utilized since it did not require a permit from this office.  Due to a significant increase in cost to haul away dredged material, the applicant is proposing to use a barge to suction dredge and sidecast the dredged material with hydraulic placement. The activity that would require authorization from this office is the hydraulic placement of dredged material on the west end of the access channel.  Hydraulic placement would be within a 300 foot wide section of lakebed directly adjacent to the west of the access channel to a maximum depth of 1 foot. The 8,000 linear foot access channel and harbor would be dredge annually to a depth of approximately 7 feet. This is the needed depth for the brine shrimping boats, research vessels, and emergency vessels to utilize the facilities. The proposed project would not require additional water supply from the Great Salt Lake. Based on the available information, the overall project purpose is to maintain vessel access from Promontory Harbor. The applicant believes there is a need to dredge the access channel and harbor to access to the Great Salt Lake. The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

Environmental Setting. The entire project is located below the 4,200 foot OWHM of the Great Salt Lake. The Promontory Harbor is the main access point for Great Salt Lake Brine Shrimp Cooperative. This harbor is also utilized as access for Great Salt Lake research and monitoring by the Brine Shrimp Cooperative scientist, U.S. Geological Service, Utah Division of Wildlife Resources, and the Utah Division of Water Quality. The harbor and access channel have been previously disturbed from suction dredging and the dredged material was deposited within an upland settling pond. The proposed hydraulic displacement area of 55 acres is comprised of open water and sand/silt lakebed. The project area is located at least 1.5 miles east of any potential bioherms.     

Alternatives. The applicant has 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 not proposed compensatory mitigation since the dredging would not result in a loss of waters.

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 will apply for certification in March 2023.

HISTORIC PROPERTIES: 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 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-2023-00031 must be submitted to the office listed below on or before March 30, 2023

Hollis Jencks, Project Manager

US Army Corps of Engineers, Sacramento District

533 West 2600 South, Suite 150

Bountiful, Utah 84010

Email: Hollis.G.Jencks@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 Hollis Jencks, (801) 295-8380 ext. 8318, Hollis.G.Jencks@usace.army.mil.

Attachments: 6 drawings