Comments Period: October 30, 2018 – November 29, 2018
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Utah Lakeshore Trail: Hotpots and Amanda Lane project, which would result in impacts to approximately 2.93 acres of waters of the United States, including wetlands, in or adjacent to Utah 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: City of Saratoga Springs,
Mr. Jeremy Lapin,
1307 North Commerce Drive, Suite 200,
Saratoga Springs, Utah 84045
LOCATION: The approximately 40.84-acre project site is located along the northwest shore of Utah Lake between 400 South and 2200 South, Latitude 40.336°, Longitude -111.901°, Saratoga Springs, Utah County, Utah, and can be seen on the Saratoga Springs USGS Topographic Quadrangle (Figure 1).
PROJECT DESCRIPTION: The applicant is proposing to construct two segments of multi-use public trail with a 10-foot wide paved surface and 2-foot shoulders. The northern segment would begin near the Hotpots (natural hot springs) and would continue 4,500 feet to the south. The southern segment would begin near Eagle Park and continue 3,600 feet to the south, generally parallel to Amanda Lane.
Based on the available information, the overall project purpose is regional recreation and improved maintenance on State Lands. The applicant believes there is a need to increase local and regional recreation opportunities by completing two segments of trail that would connect existing trail segments around the perimeter of northwestern Utah Lake. The applicant also believes that by constructing these segments of trail, the access, protection and maintenance of sovereign lands owned and managed by the State of Utah Division of Forestry, Fire and State Lands would be improved by shifting the property boundaries to the west and removing a linear wetland canal feature that is separated from Utah Lake by a large berm. The attached drawings provide additional project details.
Based on the information provided in the application, the project would result in permanent impacts to approximately 2.86 acres of emergent marsh wetlands, 0.04 acre of scrub-shrub wetlands and 0.03 acre of open water.
ADDITIONAL INFORMATION:
Environmental Setting. There are approximately 23.45 acres of emergent wetlands, 1.75 acres of scrub-shrub wetlands, 0.14 acre of open water pond, and 611 linear feet (0.23 acre) of perennial channel within the project area. In addition, 0.32 acre of filled emergent marsh wetlands in the Home Owners Association (HOA) investigation area are also included within the project area. The linear project site is located along the toe of a topographical break adjacent to the shore and is characterized by areas of thick herbaceous and scrub-shrub vegetation typical of Utah Lake shoreline. Other than the northern most segment of trail parallel to Saratoga Road, the majority of the west project area boundary is bordered by residential development.
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 3 alternatives, including the no action alternative, the proposed alternative (Alternative A), and another trail alignment that would be built largely on the existing upland berm through the southern segment (Alternative B). These are shown on the attached “Inset 1-4 Wetland Impacts,” “Inset 5-8 Alternative A Wetland Impacts,” and the “Inset 5-8 Alternative B Wetland Impacts” drawings.
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Wetland Type
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Direct Impacts (Acres)
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Alternative A (applicant-preferred)
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Alternative B
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No Action
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Emergent Marsh
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2.86 ac
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2.17 ac
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0
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Scrub-Shrub
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0.04 ac
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0.09 ac
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0
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Open Water
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0.03 ac
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0.03 ac
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0
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Total
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2.93 ac
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2.29 ac
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0
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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 on-site compensatory mitigation by restoring 3.72 acres of previously existing wetlands and enhancing 11.95 acres of currently existing wetlands between the proposed trail alignment and Utah Lake.
OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Utah Department of Environmental Quality is required for this project. The applicant has not 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 Jodi Gardberg, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or jgardberg@utah.gov on or before November 29, 2018.
HISTORIC PROPERTIES: Based on the available information (including applicant's report titled “Cultural Resources Survey of the Utah Lakeshore Trail: Hotpots and Amanda Lane Project, Utah 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: Based on the application materials, 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 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 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-2018-00610 must be submitted to the office listed below on or before November 29, 2018.
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, ext. 8315, or email Michael.A.Pectol@usace.army.mil.
Attachments: 13 drawings