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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-2020-00944, Public Notice of Permit Application, Godfrey West, Salt Lake County, UT.

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

Comment Period: July 2, 2021 to 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 1.58 acres of waters of the United States to construct the Godfrey West 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: Godfrey West Investors, LLC, Attn: Mr. John Brown, 120 South Central, Suite 500, St. Louis, MO, 63105.

LOCATION: The approximately 27.2-acre project site is located at 6000 West 2540 South, Latitude 40.716673°, Longitude -112.033733°, West Valley City, Salt Lake County, Utah, and can be seen on the Magna USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to discharge dredged or fill material into 1.53 acres of wetlands for the construction a 289,100 square foot commercial building with two access points, and support facilities including 200 parking stalls, 60 truck docks, and 78 trailer stalls (Enclosure 2). Based on the available information, the overall project purpose is to provide commercial infrastructure. The applicant believes there is a need for a hub for shipping and logistics in the Salt Lake City Metro Area and specifically in California Avenue and West Valley City due to a great demand for industrial and commercial markets in these locations.


Environmental Setting. There are approximately 1.53 acres of palustrine emergent saline wet meadow wetlands that fall under the Corps’ jurisdiction within the 27.2-acre project area. The project site consists of undeveloped semi-arid land. The area has been managed for irrigated pasture and livestock grazing. A farm road, a horse stable, several abandoned irrigation ditches, remnants of bermed impoundments, and capped artesian wells are present within the site. The wells used to be free flowing but have been capped and are no longer operational.

Land use in the surrounding area is predominantly industrial and transportation with some livestock grazing in open lands. The project area is surrounded by undeveloped land in the immediate vicinity; however, the Mountanview Corridor and a commercial development are within approximately 0.2 miles east and west of the project area respectively; the Rocky Mountain Raceway track is located on the north, and the Riter Canal runs outside of the project area approximately 0.2 miles south.

Alternatives. The applicant has provided information concerning project alternatives (Enclosure 3). Additional information concerning project alternatives may be available from the applicant or their agent.

The no action alternative was not considered in the applicant’s permit application.

The applicant has provided information concerning twelve project alternatives, including the preferred alternative (current proposal), development of alternate locations that present minimal or no impacts to aquatic resources, and alternate on-site configurations. The applicant states the only practicable alternative is the preferred alternative as the applicant has indicated this alternative is reasonable considering cost and logistics, the site provides sufficient space to support efficient development, and the area is compatible with local land use plans. The applicant has indicated that the offsite alternatives are not available for sale which makes these alternatives not available, and thus not practicable.

Two on-site alternatives were presented that included development modifications to include total avoidance or a partial reduction to impacts to the on-site wetlands. The applicant has indicated these alternatives are not feasible due to a negative minimum internal rate of return.

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 compensate all unavoidable impacts through the purchase of mitigation credits from the Machine Lake Mitigation Bank.

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. The applicant has indicated they have applied for certification.

HISTORIC PROPERTIES: Based on the available information (including applicant's report titled 6000 West 2540 South, West Valley City), 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.

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 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-2020-00944 must be submitted to the office listed below on or before August 1, 2021.

Nicole Fresard, 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 Nicole Fresard, (801) 295-8380 ext. 8321,

Attachments: 3 Enclosures