Comments Period: May 2, 2017 – June 1, 2017
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the northern segment of the Provo Lakeview Parkway project, which would result in direct impacts to approximately 3.84 acres of waters of the United States, including wetlands, near the Provo River. 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.
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: Provo City
Mr. Shane Winters
1377 South 350 East
Provo, Utah 84606
LOCATION: The approximately 195-acre project site is located between the Provo Airport and 1010 North, west of Lakeshore Drive, Latitude 40.2521°, Longitude -111.7175°, Provo, Utah County, Utah.
PROJECT DESCRIPTION: The applicant is proposing to construct a new 1.8-mile roadway consisting of two through lanes and one bike lane in each direction, including a median or center turn lane dividing opposite flows and an east-west arterial connecting the new roadway to 620 North. Based on the available information, the overall project purpose is to construct an additional north-south roadway to connect the southern project area in the vicinity of the Provo Airport to the northern project area near the newly constructed Provo High School. The applicant believes there is a need for an additional transportation corridor parallel to Interstate 15 that will alleviate anticipated pressure on Lakeshore Drive due to future development and to improve access to the airport from the north. The attached drawings provide additional project details. The project would result in permanent direct impacts to approximately 2.56 acres of palustrine emergent wetlands and 1.28 acres (3,324 linear feet) of irrigation and drainage channel. New roadway projects can also cause indirect adverse impacts to nearby wetlands. While many indirect impacts can be difficult to quantify, it is reasonable to expect occurrence of indirect impacts to wetlands located within 300 feet of the proposed right-of-way, resulting from construction and operation of the road. The new road may also have the effect of inducing growth in previously undisturbed areas. No information has been provided by the applicant concerning these secondary and indirect impacts; however, the Corps will evaluate the potential for these impacts during the permitting process.
ADDITIONAL INFORMATION:
Environmental Setting. There are approximately 30.41 acres of palustrine emergent wetlands, 1.64 acres of fen wetlands, 0.17 acre of forested wetlands and 12,076 linear feet (7.52 acres) of channel within, and adjacent to, the proposed project alignment. The site is bisected by the Provo River and is characterized by a mix of agricultural land and wooded open space to the west, with commercial development and residential areas to the east. The project area ranges in elevation from 4,497 to 4,539 feet and is adjacent to the eastern shore of Utah Lake.
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.
The applicant has proposed 5 alternatives, including the no action alternative, as shown on the attached Alternatives Analysis Map. All build alternatives have the same cross-section. The direct impacts to waters of the United States for these alternatives are outlined in the table below.
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Wetland Type
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Direct Wetland Impacts (Acres)
|
|
Parkway with 620 North (preferred)
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Parkway without 620 North
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Red Alignment
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Tan Alignment
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No Action
|
|
Emergent Marsh
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2.63 ac
|
2.41 ac
|
1.29 ac
|
1.29 ac
|
0
|
|
Forested
|
0
|
0
|
0
|
0
|
0
|
|
Fen
|
0
|
0
|
0.57 ac
|
0.57 ac
|
0
|
|
Ditch/ Stream
|
1.21 ac
|
1.21 ac
|
0.24 ac
|
1.06 ac
|
0
|
|
Total
|
3.84 ac
|
3.62 ac
|
2.1 ac
|
2.92 ac
|
0
|
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 utilize wetland credits at the Provo City Despain Property Advanced Wetland Mitigation Site. This site is adjacent to the west side of the project area and contains emergent marsh, wet meadow, forested and fen wetland habitats.
OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Utah State Division of Water Quality, is required for this project. The applicant has not indicated whether or not they have applied for certification. Projects are usually certified where the project may create diffuse sources (non-point sources) of wastes which will occur only during the actual construction activity and where best management practices would be employed to minimize pollution effects. Written comments on water quality certification should be submitted to Mr. Bill Damery, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or email wdamery@utah.gov on or before June 1, 2017.
HISTORIC PROPERTIES: The applicant has provided information regarding cultural resources. There are cultural resources that would be affected within the proposed alignment or the identified alternatives. 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. Two species, Ute ladies’-tresses (Spiranthes diluvialis) and June sucker (Chasmistes liorus) occur within the proposed alignment or the identified alternatives. The Corps will initiate consultation with the U.S. Fish and Wildlife 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 Code of Federal Regulations 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-2011-00107 must be submitted to the office listed below on or before June 1, 2017:
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, Michael.A.Pectol@usace.army.mil.
Attachments: 6 drawings