Subject: Public Notice of Permit Application
Action ID: SPK-2003-50266
Comments Period: December 22, 2017– January 22, 2018
The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Utah Department of Transportation (UDOT) Mountain View Corridor project, which would result in impacts to approximately 15.9 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. This notice may also be viewed at the Corps web site at www.spk.usace.army.mil/Media/RegulatoryPublicNotices.aspx.
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.
Utah Department of Transportation
Attn: Mr. Joe Kammerer
2110 South 2760 West
Salt Lake City, Utah 84104-4592
The approximately 4 mile long project site is located between 4100 South and California Avenue at approximately 5800 West, Latitude 40.72256°, Longitude -112.03198°, West Valley City and Salt Lake City, Salt Lake County, Utah., and can be seen on the Lehi USGS Topographic Quadrangle.
The applicant is proposing to construct a 4-mile long section of the Mountain View Corridor (MVC) between 4100 South and California Avenue. There were two previously authorized phases of MVC that begin at Interstate 15 (I-15) and 2100 North in Lehi in Utah County, running west and eventually north to 4100 North in West Valley City. Some sections of these two phases of road are still under construction, including the section near 4100 North. The proposed road would be approximately 202 feet wide with six 12-foot wide lanes, three in each direction, and two 10-foot shoulders. Fill slopes would be 2:1 with a 6:1 clear zone. A few wetland crossings have been designed with a retaining wall to minimize fills. This project would also include future system and service ramps at the proposed State Route 201 (SR-201) intersection. Also, included in this project would be a shared use recreational path; installation of highway pavement and reconstruction of adjacent local streets to tie into MVC; stormwater basins, drainage, lighting, and signalized intersection improvements; roadway safety features, such as barriers, signage and stripping; and utility relocation and installation. The proposed project would permanently impact 7.38 acres of saline wet meadow, 0.06 acre of marsh, 0.8 acre of mudflat, and 2,145 linear feet of canals/ditches. Temporary impacts would be 1.57 acres saline wet meadow, 0.02 acre marsh, 0.28 acre mudflat and 520 linear feet canal/ditches. Based on the available information, the overall project purpose is to improve regional mobility by reducing roadway congestion and supporting increased transit availability. The applicant believes there is a need to address travel demands in western Salt Lake County and northern Utah County. The attached drawings provide additional project details.
The 4-mile long project corridor contains approximately 26.48 acres of saline wet meadow, 3.47 acres of marsh, 3.91 acres of mudflat and 10,490 linear feet of canal/ditches. The proposed project is located in a relatively arid region adjacent to existing residential areas, commercial facilities and the Lee Kay Public Shooting Center. The saline wet meadow is dominated by iodine bush (Allenrolfea occidentalis), seaside barley (Hordeum murinum), and fivehook bassia (Bassia hyssopifolia), and the emergent marsh is dominated common reed (Phragmites australis). The surrounding uplands have been disturbed from land uses, such as agriculture, and are dominated by cheatgrass (Bromus tectorum), clasping pepperweed (Lepidium pefoliatum), tall wheatgrass (Agropyron elongatum), and rubber rabbitbrush (Chrysothamnus nauseosus).
The applicant has provided detailed information concerning project alternatives. Prior to submittal of the 404 application, seven alternatives were analyzed during the Environmental Impact Statement (EIS) process before the proposed alignment was selected as the preferred alternative. During the EIS process, the Corps of Engineers, the U.S. Fish and Wildlife Service (FWS) and the U.S. Environmental Protection Agency (EPA) worked closely with Utah Department of Transportation (UDOT) and the Federal Highway Administration (FHWA) as a cooperating agencies for several years and commented on pre-scoping, scoping and draft and final versions of the EIS document. The Mountain View corridor EIS addressed the separate needs for Salt Lake County (north-south travel demand) and Utah County (east-west and north-south travel demand). Therefore, the Applicant’s Preferred Alternative includes a roadway alignment for each county that connect at the county line to provide a complete transportation solution. The EPA has concurred that the preferred alternative represents the Least Environmentally Damaging Practicable Alternative (LEDPA) and avoids more than 350 acres of primary and secondary wetlands over other alternatives. Additional information concerning project alternatives is available at the UDOT website at https://www.udot.utah.gov/mountainview/feis.php. 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 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 credits from the Machine Lake 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 indicated 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. A person who wishes to challenge such certification may only raise an issue or argument during an adjudicatory proceeding that is raised during the public comment period and is 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. Written comments specific to the Section 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 firstname.lastname@example.org on or before January 22, 2018.
UDOT acting on behalf of the Federal Highways Administration is lead federal agency responsible for compliance with Section 106 of the National Historic Preservation Act. The Corps will act as cooperating agency and adopt determinations, as appropriate.
UDOT acting on behalf of the Federal Highways Administration is lead federal agency responsible for compliance with Section 7 of the Endangered Species Act. The Corps will act as cooperating agency and adopt determinations, as appropriate. UDOT has indicated the project would 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 would not adversely affect Essential Fish Habitat (EFH) as defined in the Magnuson-Stevens Fishery Conservation and Management Act. The Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.
The above determinations are based on information provided by the applicant and our preliminary review.
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.
Written comments, referencing Public Notice SPK-2003-50266 must be submitted to the office listed below on or before January 22, 2018.
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, (801) 295-8380, ext. 8318, Hollis.G.Jencks@usace.army.mil.
Attachments: 15 drawings