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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-2019-00295, Public Notice of Permit Application, Sevier County, Utah

regulatory division
Published Aug. 12, 2019
Expiration date: 9/12/2019


Comments Period:  August 12, 2019 September 12, 2019

SUBJECT:  The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the Lakeside Marina Expansion project, which would result in impacts to approximately 1.96 acres of waters of the United States, in or adjacent to Fish 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.

Utah Division of Wildlife Resources
Attn:  Mr. Stan Beckstrom
1470 North Airport Road
Cedar City, Utah  84721-0606

LOCATION:  The approximately 8-acre project site is located adjacent to SR-25 on the southwest shore of Fish Lake, approximately 8.25 miles northwest of Fremont, Latitude 38.5344°, Longitude -111.7365°, Sevier County, Utah, and can be seen on the Fish Lake USGS Topographic Quadrangle.

PROJECT DESCRIPTION:  The applicant is proposing to expand the existing marina facilities, including the reconstruction of existing eroded dikes, construction of new dikes to expand the marina area and increase boat slip capacity, dredging of the marina to a depth of 5 feet, improvement and expansion of the existing gravel parking area, drainage improvements, and relocation of the boat ramp.  Based on the available information, the overall project purpose is to increase recreational capacity at Fish Lake.  The applicant believes there is a need to provide additional parking at boat slips to accommodate the increasing recreational use of the Lakeside Marina facilities.  The attached drawings provide additional project details.

Based on the information provided in the application, the project would result in permanent impacts to approximately 1.92 acres of open water, consisting of 1.26 acres for construction of new dikes, 0.62 acre for re-construction of existing dikes, and 0.02 acre for construction of a boat ramp.  The project would also result in temporary impacts to 0.04 acre of open water for placement of the temporary coffer dam during dike construction and dredging activity.  Approximately 1.29 acres of open water would be enclosed within the dikes of the proposed new marina.  This area will be evaluated for potential indirect impacts (degradation, reduced functions) resulting from the project.  The proposed dredging methods involve clean excavation and disposal of the material in an upland site, which is not a regulated activity.   


Environmental Setting.  There are approximately 3.64 acres of open water within the project area.  The site is located on the shore of a high-altitude freshwater lake, approximately 8,850 feet above sea level.  No wetlands were identified on site and the open water within the proposed impact area ranges in depth from 0 to 5 feet.  Though generally surrounded by open space and wilderness, the immediate project site and adjacent areas have been disturbed from many decades of human uses associated with recreation, including fishing, boating, swimming, and camping.  The lake holds many fish species and is a popular destination for anglers.

Alternatives.  The applicant has provided conceptual information concerning one project alternative, which consists of a different on-site configuration with higher user capacity and higher impacts to open water than the proposed activity.  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 to create wetland fringe habitat along the shoreline of Widgeon Bay on the north side of Fish 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, Division of Water Quality is required for this project.  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 where best management practices would be employed to minimize pollution effects.  Written comments on water quality certification should be submitted to Ms. Leanna Littler, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or by email at within 30 days of the beginning of this public notice period.  The applicant has not indicated whether they have applied for certification.

HISTORIC PROPERTIES:  Based on the available information (including applicant's report titled Cultural Resources Inventory of the Fish Lake Marina Construction Project), no cultural resources were identified within the project's area of potential effect.

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.

ESSENTIAL FISH HABITAT:  The proposed project would not adversely affect Essential Fish Habitat (EFH) as defined in 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-2019-00295 must be submitted to the office listed below on or before September 12, 2019.

Michael Pectol, 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 Michael Pectol, (801) 295-8380 X 8315,

Attachments:  3 drawings
SPK-2019-00295 PN Attachments