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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-2005-50593 Salt Lake County, UT

Published Nov. 9, 2016
Expiration date: 12/9/2016
Comments Period: November 9, 2016 –December 9, 2016 

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the DK Trust Commercial Development, which would result in impacts to approximately 6.02 acres of waters of the United States, including wetlands, in or adjacent to Lee 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: DK Trust, LLC, Attn: Mr. Jeffrey Poore, P.O. Box 9490, Salt Lake City, UT  84109-0490

LOCATION: The approximately 38.79-acre project site is located at approximately 6051 West 2100 South, Section 23, Township 1 South, Range 2 West, Latitude 40.72195°, Longitude -112.03410°, Salt Lake City, Salt Lake County, Utah, and can be seen on the UT-MAGNA USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to construct a commercial development. The development would be comprised of large warehouse/manufacturing (300,000 square feet), office/warehouse (57,440 square feet), parking (468 parking stalls), and detention basin (2.7 acres). The project would also include driveways for ingress/egress, parking for all types of vehicles, warehousing, vehicle maintenance shops, offices, landscaping, sidewalks, curb and gutter, stormwater retention basins, and associated utilities. Based on the available information, the overall project purpose is to construct a commercial development. Based on the applicant’s market analysis and support from West Valley City, the applicant believes there is a need to meet the demand for industrial warehouse and office space along the State Route 201 (SR-201) corridor. The proposed project would fill approximately 6.25 acres of palustrine emergent wetland. The attached drawings provide additional project details. 


Environmental Setting. The project area has been heavily disturbed from receiving free fill dirt from nearby projects and grading of the site. The project area is surrounded by a trucking company, industrial businesses, salvage yards, the Lee Kay Public Shooting Center, SR-201, and 5600 West. The project area includes approximately 6.25 acres of palustrine emergent wetlands dominated by common reed (Phargmites australis), saltgrass (Distichlis spicata), and low arrowgrass (Triglochin concinna). These wetlands flow to the north under SR-201 into Lee Creek and flow into the Great Salt Lake, approximately 6.5 miles northwest.

Alternatives. The applicant has not 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 proposed to purchase 6.35 acres of credits from a mitigation bank.

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 not indicated they have applied for certification. Written comments on water quality certification should be submitted to Mr. William Damery, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or email, on or before December 7, 2016.

HISTORIC PROPERTIES: Based on the available information (including applicant's report titled “A Cultural Resource Inventory of the DK and Godfrey Property in Salt Lake County, Utah”), 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 pursuant to Section 7 of the Endangered Species 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-2005-50593-UO must be submitted to the office listed below on or before December 9, 2016.

Hollis Jencks, Project Manager
US Army Corps of Engineers, Sacramento District
Bountiful Regulatory Office
533 West 2600 South, Suite 150
Bountiful, Utah 84010

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 at 801-295-8380 ext. 18, or

Attachments: 2 drawings