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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-2013-00590, Salt Lake County, UT

Posted: 2/5/2014

Expiration date: 3/7/2014


Sacramento District

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Natomas Meadows 5600 West Industrial Warehousing project, which would result in impacts to approximately 4.2 acres of waters of the United States, including wetlands. 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 and by the State of Utah for Section 401 water quality certification.

APPLICANT: Brad Ross
    Natomas Meadows, LLC
    1505 South Redwood Road
    Salt Lake City, Utah 84104

LOCATION: The 73-acre site is located approximately 5 miles southwest of the Salt Lake International Airport on the north side of State Route 201, near 5600 West and 1730 South, in the center of Section 14, Township 1 South, Range 2 West, Salt Lake Meridian, Latitude 40.734°, Longitude -112.026°, Salt Lake County, Utah, and can be seen on the UT-MAGNA USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to construct 3 large-scale industrial warehouse facilities with associated office space, parking, loading docks and tractor trailer stalls for product distribution. The project area consists of two property parcels separated by land owned by the Utah Department of Transportation. The north parcel (Parcel 1) is approximately 49.08 acres in size. The south parcel (Parcel 2) is approximately 24.35 acres in size. Based on the available information, the overall project purpose is to construct industrial warehouse facilities that are 450,000-plus square feet in size. Building A would be constructed on the south parcel and would be approximately 451,086 square feet in size. Buildings B and C would be constructed on the north parcel and each building would be approximately 473,663 square feet in size. The project area can only be accessed from 5600 West (SR-172) and 1730 South. Based on their updated market analysis, the applicant believes there is a need to meet the under-served market demand for large-scale (450,000-plus square feet) industrial warehouse and office space in the intermodal zone of the Northwest Quadrant of Salt Lake City. According to the applicant, the project area meets the minimum requirements for buildings of the size range and is the only parcel available in the Northwest Quadrant. In order to complete this project, the applicant has proposed to impact 4.2 acres of palustrine emergent wetlands. The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

    Environmental Setting. There are approximately 5.2 acres of palustrine emergent wetlands within the 73-acre project area. The wetland areas on site are vegetated mainly with arctic rush (Juncus arcticus), common reed (Phragmites australis), foxtail barley (Hordeum jubatum), red saltwort (Salicornia rubra) and saltgrass (Distichlis spicata). Vegetation in upland areas consists mainly of whitetop (Cardaria draba), bulbous bluegrass (Poa bulbosa), cheatgrass (Bromus tectorum) and satlgrass (Distichlis spicata). Soils throughout the site are saline fine textured silt and clays. The majority of the project area is dry upland. The site is situated in a highly modified landscape and the project area has been used as a source of borrow material and for recreational target shooting. The site is relatively flat with a grade less than 1%. The unnamed ditch in the southern portion of the property flows northwest into Lee Kay Ponds. Hydrology from wetlands in the northern portion of the property also flows west into Lee Kay Ponds. The site is surrounded by mostly open space and a few industrial buildings. The future Mountain View Corridor alignment will border the site to the west, while California Avenue, 5600 West and SR-201 border the site on the north, east and south, respectively.

    Alternatives. The applicant has explored several alternatives, some of which were eliminated due to project purpose and need not being met or because of greater impacts to aquatic resources. Alternatives considered during the development process included complete avoidance of impacts, reducing the size of one or more buildings, rearrangement of building locations and full build out. 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. According to 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 to develop three 450,000-plus square foot warehouse facilities. The project has been designed to avoid and preserve 1.06 acres of wetlands within the project area boundaries. If the applicant is unable to avoid or minimize all impacts, the Corps may require compensatory mitigation. The applicant has proposed to purchase credits from a Corps-approved mitigation bank to compensate the proposed impacts to 4.20 acres of wetlands.

OTHER GOVERNMENTAL AUTHORIZATIONS: A 401 Water Quality Certification 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. A person who wishes to challenge a Permit Order may only raise an issue or argument during an adjudicatory proceeding that was raised during the public comment period and was 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. Any comments specific to 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 March 7, 2014.

HISTORIC PROPERTIES: Based on the available information (including applicant's report entitled “A Cultural Resources Inventory of the Natomas/Sitla Project, Approximately 73.4 Acre Site, In Salt Lake City, Salt Lake County, Utah”), no cultural resources were identified within the project's area of potential effect. The Corps will coordinate with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

ENDANGERED SPECIES: Based on the available information, the project will 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 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 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-2013-00590 must be submitted to the office listed below on or before March 7, 2014.

Michael Pectol, Project Manager
US Army Corps of Engineers, Utah 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 x15, Michael.A.Pectol@usace.army.mil.

Attachments: 8 drawings