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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-2019-00074, Public Notice of Permit Application, Washington County, UT

Regulatory Division
Published Oct. 9, 2019
Expiration date: 11/8/2019

Comments Period:  October 8, 2019 November 8, 2019

SUBJECT:  The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Gap Wash Improvement, Washington County project, which would result in impacts to approximately 0.97 acre / 2,100 linear feet of waters of the United States.  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:      Sunscape Farms, LLC
                             Attn: Mr. Jacob Smoot
                             1007 Parkway Drive
                             North Salt Lake City, Utah 84054

LOCATION:  The approximately 12-acre project site is located along Gap Wash between 1,900 feet and 4,100 feet upstream of the Gap Wash and Santa Clara Confluence, Latitude 37.08188°, Longitude -113.61027°, Washington County, Utah, and can be seen on the St. George USGS Topographic Quadrangle.

PROJECT DESCRIPTION:  The applicant is proposing to realign and reconstruct an approximate 2,100 foot section of Gap Wash to accommodate and protect a proposed multifamily residential development.  The proposed development would be affordable housing that would service the St George area.  This development would be comprised of apartment buildings, clubhouse, pool, pickleball court, trail, playground, a dog park and associated utilities.   Also included in this project would be the extension of the Plantations Drive, which would service this development and provide connectivity between Southgate and Las Palmas communities in the future. 

The proposed Gap Wash channel would be approximately 2,100 feet long, 7.5 feet deep, with 2:1 side slopes and a 57-foot top width.  The channel would be lined with 18 inch rip-rap placed 3 feet thick and would include rock grade control structures at 250 foot intervals.  At the top of the channel two drop structures would be installed to maintain channel stability from the existing wash to the newly constructed section. 

Based on the available information, the overall project purpose is to provide affordable housing to the St George area. The applicant believes there is a need to provide additional multifamily housing.  The attached drawings provide additional project details.


Environmental Setting.  There is approximately 2,100 linear feet of Gap Wash within the 12-acre project area.  This section of Gap Wash ranges between approximately 5 feet to 27 feet wide and the near vertical banks are range between 2 feet to 5 feet deep.  The wash downstream of the site has been channelized and rip-rapped up to the box culvert under Dixie Drive.  The site and surrounding area is comprised of a fine silt soil supporting a creosote (Larrea tridentate) dominated community. The western half of the site also has patches of four-winged saltbush (Atriplex canescens) and desert almond (Prunus fasciculata). Within the wash, there are four large trees, two tamarisk (Tamarix chinensis) and two mesquite (Prosopis velutina). Upstream of the project site, the wash is less incised and the vegetation within the wash is tamarisk and arrow weed (Pluchea sericea). Two active horse and cattle corrals were just off the project area to the north and evidence of grazing was identified with the project site.

Alternatives.  The applicant has not 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.

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 not proposed mitigation.

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 Leanna Littler, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or on or before November 8, 2018.

HISTORIC PROPERTIES:  Based on the available information (including applicant's report titled, A Cultural Resource Inventory of the Gap Wash Enhancement Project), no cultural resources were identified within the project's area of potential effect.  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 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-2019-00074 must be submitted to the office listed below on or before November 8, 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:  4 drawings