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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-2018-00256, Construct the Rose Creek Relocation Project, Salt Lake County, Utah

Published April 6, 2018
Expiration date: 5/4/2018

Comments Period: April 6, 2018 – May 4, 2018

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Rose Creek Relocation project, which would result in the realignment of approximately 1,600 linear feet of Rose Creek, a tributary of the Great Salt Lake. 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: Riverton City; Attn: Mr. Trace Robinson; 12830 South Redwood Road; Riverton, Utah 84065-6661

LOCATION: The approximately 96-acre project site is located southeast of the intersection of 13400 South and the Mountain View Corridor, Latitude 40.50619°, Longitude -111.99842°, Salt Lake County, Utah., and can be seen on the Midvale USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to realign 1,600 linear feet of Rose Creek to provide better flood flow conveyance and maximize the site for development. This would be accomplished through the relocation of a section of Rose Creek to the south, as identified on the attached Figure 3 Impacts drawing. Approximately 1,600 linear feet of existing channel would be filled and 1,650 linear feet of channel would be reconstructed south of its current location. The realignment would relocate the floodplain outside of the existing homes and a daycare and the proposed developments along the south side of 134000 South. Included in the proposed project would be lining an additional 1,680 linear feet of the existing channel, identified as IA1 and IA3, with riprap upstream and downstream of the realigned segment.

Additionally, the entire length of the channel within the project area would be reshaped to a trapezoidal configuration and the channel dimensions would be 38 feet wide at top of bank, with a 4-foot wide bed, and would be 7 feet deep. Slopes would be 2.5:1 and riprap-lined with riparian plantings at the top of bank. A temporary irrigation system would be installed to insure plantings success.

Further, this project proposes a road crossing of Rose Creek for a high school to be located to the south of the project and a crossing of the Welby Jacobs Canal along the eastern project boundary. Both of these crossings would utilize a box culvert with 30 feet of grouted riprap on the upstream section of each culvert. The applicant believes there is a need to minimize flood hazards for existing homes, 13400 South Road and the proposed development along 13400 South. The attached drawings provide additional project details.


    Environmental Setting. There is approximately 1,600 linear feet of Rose Creek within the 96-acre project site. Overall the site is characterized by Rose Creek bisecting a large alfalfa field that is irrigated by a pivot. The Mountain View Corridor is located to the west and 13400 South to the north. A few homes are located north of the channel and south of 134000 South. Rose Creek flows west to east and is ephemeral, it flows after storm events and snow melt. Due to large storm events, flooding and highly erodible soils, the creek is channelized (8-10 feet deep), with steep and eroding banks. No riparian corridor exists due to the lack of hydrology. No wetlands were identified onsite.

    Alternatives. The applicant has provided information concerning project alternatives. Alternative C on the attached maps is their proposed project. 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 that the proposed project is self-mitigating, since it has been designed to be an enhanced in comparison to the current alignment.

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: 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 on or before May 4, 2018.

HISTORIC PROPERTIES: Based on the available information (including applicant's report titled, “ A Cultural Resource Assessment for the Rose Creek Realignment, Riverton, Salt Lake County, Utah”), potentially eligible cultural resources may be affected by the proposed project. 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.

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. There is no essential fish habitat in the Sacramento District’s area of responsibility in Utah.

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-2018-00256-IN must be submitted to the office listed below on or before May 4, 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,

Attachments: 9 drawings