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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.

Public Notices published by the Sacramento District under the Regulatory Program are posted on this page. Once a public notice is available on-line, an email notification is sent to individuals on the appropriate mailing list.

Comments are due by the expiration date of the public notice.  Only comments submitted by email or in hard copy format through a delivery service, such as the U.S. Postal Service, can be accepted.   Comments must be submitted to the address listed in the public notice.

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SPK-2022-00521, Public Notice of Permit Application, Bear Lake Marina Expansion, Rich County, UT

REGULATORY DIVISION
Published March 13, 2023
Expiration date: 5/9/2023

Comment Period:  March 13, 2023April 13, 2023

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 42.47 acres of waters of the United States to construct the Bear Lake Marina Expansion project.  This notice is to inform interested parties of the proposed activity and to solicit comments.

AUTHORITY:  This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters of the United States and/or Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

APPLICANT:  Utah State Parks, Attn: Ms. Susan Zarekarizi, 1594 West North Temple, Salt Lake City, UT, 84116.

LOCATION:  The approximately 48-acre project site is located on the western shore of Bear Lake immediately north of the existing marina, near 940 North Bear Lake Boulevard, Latitude 41.9654°, Longitude -111.3975°, Garden City, Rich County, Utah, and can be seen on the Garden City USGS Topographic Quadrangle.

PROJECT DESCRIPTION:  The applicant is proposing to expand the existing public marina on the north side of Bear Lake State Park.  Activities, including the placement of fill, are proposed in 42.47 acres of open water and wetlands to widen the existing northern dike and create new parking and boat launch areas, associated facilities, and new dike on the northern side of the proposed marina.  Structural fill would be placed throughout the project area to build up the site to the needed elevation and rip rap would be added along the dike edges for stabilization.  Roadways and parking areas would have an additional 12 inches of base course, 8 inches of untreated base material, and 3 inches of asphalt.  Concrete sidewalks and flatwork would be installed throughout the fill area for pedestrian access.  Additional fill would be placed in wetland areas along the west side of US-89 to expand an existing multi-use trail which would connect to the marina expansion.  Appropriately sized rock would be installed along the dikes for enhanced fish habitat.

Erosion control materials, silt fence, and track-out pads would be placed and maintained during all construction activities.  An earthen dike would be developed to allow for dewatering of the construction area.  Dewatering would be performed with pumps and trench systems before excavation and fill activities begin.

These activities would result in the permanent loss of 24.92 acres of open water and 1.05 acres of wetlands, permanent impacts to 14.56 acres of open water within the proposed dikes, and 1.89 acres of temporary impacts to open water and 0.07 acre of wetlands.  The applicant has identified the overall project purpose is to accommodate the recent substantial increase in visitor demand at Bear Lake State Park.  The applicant believes there is a need to increase capacity, improve lake access, address safety concerns, and protect water resources.  The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

Environmental Setting.  The project area is located along the western shore of a large freshwater lake on the Utah-Idaho border at an elevation of approximately 5,930 feet.  There are approximately 41.37 acres of open water and 1.06 acres of wetlands within the north marina expansion project area.  The existing marina immediately adjacent to the south side of the project area draws visitors from other states and many parts of the world.  The project area is situated primarily on the bed of Bear Lake, which is considered sovereign lands owned and managed by the Utah Division of Forestry, Fire and State Lands.  US-89 runs along the western project area boundary.  The majority of the project site consists of either open water or dry lake shore area with little or no vegetation, depending on the fluctuating lake level.  Typical wetland vegetation on site includes narrowleaf willow (Salix exigua), rayless alkalai aster (Symphyotrichum ciliatum), mountain rush (Juncus arcticus), and hardstem bullrush (Schoenoplectus acutus).  Typical upland vegetation includes orchard grass (Dactylis glomerata), tall tumblemustard (Sisymbrium altissimum), and Indian rice grass (Achnatherum hymenoides).

Alternatives.  The applicant has provided information concerning off-site project alternatives, including construction of a new marina at Rainbow Cove, construction of a new marina at Randezvous Beach, and expansion of the existing marina to the south.  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 spawning and foraging habitat for endemic fish species within Bear Lake by placing rock along the proposed dike edges.

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.

HISTORIC PROPERTIES:  Based on the available information (including applicant's report titled “A Cultural Resource Assessment for Proposed Marina Expansion at Bear Lake, Rich 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 likely 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 (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-2022-00521 must be submitted to the office listed below on or before April 9, 2023.

Michael Pectol, Project Manager

US Army Corps of Engineers, Sacramento District

Bountiful Regulatory Office

533 West 2600 South, Suite 150

Bountiful, Utah 84010

Email: Michael.A.Pectol@usace.army.mil

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, Michael.A.Pectol@usace.army.mil.

Attachments: 11 drawings