Comment Period: June 28, 2021 – July 28, 2021
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge dredged or fill material and/or work in approximately 5.44 acres of waters of the United States to expand and reconfigure the Bowery Haven Marina. 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: Utah Divison of Wildlife Resources
Attn: Mr. Stan Beckstrom
470 North Airport Road
Cedar City, UT, 84721-0606
LOCATION: The approximately 7-acre project site is located on the northwest side of Fish Lake, Latitude 38.56191°, Longitude -111.70596°, Sevier County, Utah, and can be seen on the Fish Lake USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to expand and reconfigure the Bowery Haven Marina to meet current and future demands. The marina would be expanded from 110 to 160 boat slips. Construction at the Bowery Haven marina will consist of some existing dike removal and relocation, existing dike reconstruction, riprap armoring, new concrete boat ramp construction, new parking area construction that would also provide access to the new boat ramp, new concrete wall construction, new dike construction, and dredging to increase marina depth. Dredging would either be completed with a barge or by dewatering the marina prior to excavation. Dike construction methods would be determined by the contractor who has not been selected. Dike relocation and construction would either be completed by equipment on a barge, or by dewatering the marina. Riprap placement would be completed as part of construction of the dikes. Construction of the concrete boat ramp and wall would require dewatering of the marina in order to pour the concrete footings, walls, and flatwork. Dimensions and configuration of fill are included in the attached drawings. A turbidity curtain will be installed around the proposed marina area to retain sediments during these construction activities. The proposed project would result in the permanent loss of 0.09 acre of wetland habitat for parking lot expansion that would also provide access the proposed boat ramp and 0.04 acre of open water habitat within Fish Lake for the proposed boat ramp. The proposed project would also result in the permanent loss of 2.42 acres of open water habitat for dike construction, and temporary impacts to 2.85 acres of open water habitat for dredging of the marina.
Based on the available information, the overall project purpose is to expand the existing marina. The applicant believes there is a need to expand and reconfigure the existing marina to meet current and future demands and update the facility to meet current safety standards. The attached drawings provide additional project details.
Environmental Setting. Bowery Haven Marina is located on the northwest side of Fish Lake and surrounded by aspen forest, sagebrush and a few small wetland areas. Fish Lake is an alpine lake located at an elevation of 8,848 feet and is approximately six miles by one mile. The lake is known for recreation mainly trout, salmon, and perch fishing. Bowery Haven Marina is bordered by the Bowery Creek Campground to the west and north, and access to the marina is off UT-25. The project area is seven acres with approximately 0.1 acre of palustrine emergent and shrub/scrub wetland, and six acres of open water (Fish Lake). The project wetlands are dominated by golden currant (Ribes aureum), yellow willow (Salix lutea), reed canary grass (Phalaris arundinacea), and Nebraska sedge (Carex nebrascensis). Hydrology for these wetlands is a spring located west of the project area, high ground water table, and Fish Lake. These wetlands are saturated throughout most of the year.
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 proposed no mitigation to offset these impacts to aquatic resources.
OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification was issued on June 5, 2019 by the Utah Department of Water Quality, project number DWQ-2019-05001.
HISTORIC PROPERTIES: The United States Forest Service is the lead federal agency for compliance with Section 106 of the National Historic Preservation Act. Consultation was conducted with the Utah State Historic Preservation Office (SHPO) on July 9, 2018 recommending that the project would have a “no effect” on historic properties. SHPO concurred with the “no effect” determination on July 10, 2018.
ENDANGERED SPECIES: The United States Forest Service (USFS) is the lead federal agency for compliance with the Section 7 of the Endangered Species Act. USFS prepared a biological assessment and biological evaluation for the project and determined the project would have a “no effect” on listed species. Based on this information, the USFS will not coordinate with the United States Fish and Wildlife Service (FWS), due to the “no effect” determination. In addition, the USFS sent the FWS a scoping notice and no response was received.
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-1995-50647 must be submitted to the office listed below on or before July 28, 2021
Hollis Jencks, Project Manager
US Army Corps of Engineers, Sacramento District
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, Hollis.G.Jencks@usace.army.mil.
Attachments: 5 drawings