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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-2003-50418: Public Notice of Permit Application, Residential Home PP-87-C1A, Summit County, UT

Regulatory Division
Published July 1, 2021
Expiration date: 8/1/2021

Comment Period: July 2, 2021 – August 1, 2021

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge dredged or fill material in approximately 0.49 acre of waters of the United States to construct the Residential Home PP-87-C1A project. 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: Mr. Michael Carroll, 5809 York Road, Richmond, VA, 23226

LOCATION: The approximately 1.25-acre project site is located on the west side of 300 West, Latitude 40.7031°, Longitude -111.516°, Park City, Summit County, Utah, and can be seen on the Park City West USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The project area consists of two legally designated residential parcels which are located along the western side of 300 West. Each parcel is approximately 1.25 acres in size. The applicant is proposing to construct a 0.49-acre building pad for a single-family home and garage on the northern parcel. The project can be accessed from 300 West. Based on the available information, the overall project purpose is to provide a dwelling for the applicant. The applicant believes there is a need to place fill within designated wetlands in order to construct the building pad and utilities for the residential structure. According to the applicant, the living quarters provided by the residential building is significantly smaller than neighboring structures, which range in size from 0.8 acre to 1.6 acres. The attached drawings provide additional project details.


Environmental Setting. The 1.25-acre project site is located within the Snyderville Basin, which is characterized by numerous palustrine emergent wetlands. The entire 1.25-acre site consists of fen wetlands, of which 0.49 acre would be impacted by the placement of fill material. The wetlands on site are vegetated mainly with Baltic rush (Juncus balticus), western Jacob’s ladder (Polemonium occidentale), Nebraska sedge (Carex nebrascensis), and Canada thistle (Cirsium arvense). The soils on the wetland portion of the site exhibit an upper layer composed of organic materials. These soils, in conjunction with a high water table, are indicative of fen-type wetlands, which are difficult-to-replace aquatic resources. The overall hydrology of the site appears to be a result of seasonal flooding and saturation from groundwater, with most of the wetland areas draining into Kimball Creek, a perennial stream located east of 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 proposed to permanently preserve on-site and off-site wetlands to offset the proposed impacts.

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 not indicated they have applied for certification.

HISTORIC PROPERTIES: Based on the available information (including applicant's report titled “A Cultural Resources Inventory of the Snyderville Parcel Project, Summit County, Utah”), 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 and/or the National Marine Fisheries 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. The Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Magnuson-Stevens Fishery Conservation and Management Act, as appropriate.

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-2003-50418 must be submitted to the office listed below on or before August 1, 2021.

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 ext. 8315,

Attachments: 4 drawings