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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.

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SPK-2005-50428, Proposed Mitigation Bank Instrument Modification, Machine Lake Mitigation Bank, UT

Published April 4, 2018
Expiration date: 5/4/2018

Comments Period: April 4, 2018 – May 4, 2018

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a proposal for a modification to the Bank Enabling Instrument (BEI) for the Machine Lake Mitigation Bank (MLMB). The proposed BEI modification would modify the bank’s mitigation service area to include two previously-excluded areas located within the existing service area boundary. The existing service area boundary around the perimeter of the Great Salt Lake would remain unchanged.

This notice is to inform interested parties of the proposed activity and to solicit comments. A copy of the Sponsor’s draft BEI Amendment is available online at the following location

AUTHORITY: This modification request is being evaluated under 33 CFR Part 332.8.

APPLICANT: R&P Wetlands and Waterfowl, LLC; Attn: Mr. Kim Rolfe; 426 East 6865 South; Midvale, Utah 84047

LOCATION: The approximately 1,077-acre project site is located west of Brigham City and north of the Bear River National Wildlife Refuge, Latitude 41.4838°, Longitude -112.1027°, , Box Elder County, Utah, and can be seen on the Brigham City USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The Sponsor is proposing to modify the BEI for its approximately 1,077-acre mitigation bank. The proposed BEI modification would modify the bank’s mitigation service area to include two areas that are located within the existing service area boundary, but were excluded from the service area during the original development of the MLMB. The two areas now proposed to be included in the MLMB service are known as the Tooele County and Salt Lake County Special Area Management Plan (SAMP) exclusion areas. These two areas were originally excluded from the bank’s service area, because at the time the bank was established it was expected that SAMPs would be established in these areas. However, the SAMPs were not established, as expected, and no SAMP proposals are anticipated in the foreseeable future. The existing service area boundary around the perimeter of the Great Salt Lake would remain unchanged. The drawings attached to the amendment request linked above provide additional project details.


     Environmental Setting. The MLMB consists of approximately 1,077 acres, including approximately 1,039 acres of preserved, restored, and/or enhanced aquatic resources, including approximately 29 acres of open water, 256 acres of emergent marsh, 398 acres of wet meadow, and 356 acres of playa. The BEI for the MLMB is available in the Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) at the following location:

Department of the Army permits were previously issued to authorize the restoration activities at the bank.

OTHER GOVERNMENTAL AUTHORIZATIONS: The Inter-agency Review Team responsible for the review and approval of the proposed mitigation bank include representatives from the Corps, U.S. Environmental Protection Agency (USEPA), U.S. Fish and Wildlife Service (USFWS), the Utah Division of Wildlife Resources (UDWR), and the Utah Department of Environmental Quality, Division of Water Quality (UDWQ).

HISTORIC PROPERTIES: Based on the available information, this proposed instrument amendment does not have potential to affect any historic properties. Consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act is not required for this modification.

ENDANGERED SPECIES: The project will not affect any Federally-listed threatened or endangered species or their critical habitat that are protected by the Endangered Species Act. Consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act is not required for this modification.

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. Consultation with the National Marine Fisheries Service, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act is not required for this modification.

The above determinations are based on information provided by the applicant and our preliminary review.

EVALUATION FACTORS: 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 assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2005-50428 must be submitted to the office listed below on or before May 4, 2018.

Matt Wilson, Senior Project Manager
US Army Corps of Engineers, Sacramento District
Bountiful Regulatory Office
533 West 2600 South, Suite 150
Bountiful, Utah 84010-7744

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 Matt Wilson, (801) 295-8380 X 8311,