Comment Period: April 12 – May 12, 2023
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge of fill material in approximately 5.376 acres of waters of the United States to construct the Logan Biosolids 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: Logan City Environmental, 153 North 1400 West, Logan, UT 84321
LOCATION: The approximately 48.4-acre project site is located 1.5 miles west of 1000 West, between SR-30 and the Logan sewer lagoons, Latitude 41.7381°, Longitude -111.8901°, Logan, Cache County Utah, and can be seen on the Wellsville USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The proposed project is Phase II of Logan City’s new compost facility. The applicant is proposing to construct a new biosolids treatment and composting facility adjacent to the existing wastewater treatment plant. This would include 10 additional acres of compost area to allow for the relocation of the entire green waste program to this site. Wetland impacts would occur from grading the site and constructing two new surface areas, one of gravel and one of hot mix asphalt pavement. Associated impacts to wetlands and canal would result from construction of storm water control measures, detention pond, and new UDOT-approved access road. These activities would result in the permanent loss of 5.34 acres of wetlands and permanent impacts to 45 linear feet (0.03 acre) of canal. The applicant has identified the project purpose is to construct a facility to expand the existing green waste processing area, in conjunction with biosolids to be produced and processed with the green waste, once the new wastewater treatment plant is functional. The attached drawings provide additional project details.
ADDITIONAL INFORMATION:
Environmental Setting: There are approximately 9.02 acres of wet meadow wetlands, 0.91 acre of emergent marsh wetlands, and 1,741 linear feet (0.56 acre) of perennial channel within the project area. The site is located directly south of the existing sewer lagoons constructed in 1983 and directly east of the newly constructed wastewater treatment plant. The relatively flat site has historically been used for agricultural activities, such as livestock grazing. The primary source of hydrology on site is high water table, though evidence of irrigation also exists on site. Surface flows within the site flow generally to the south and west. The vegetation within the 9.02 acres of wetland is mainly comprised of Meadow foxtail (Alopecurus pratensis), Nebraska sedge (Carex nebraskensis), Baltic rush (Juncus baliticus), Three-square bulrush (Shoenoplectus americanus), Spikerush (Eleocharis palustris), Saltgrass (Distichlis spicata), Hop clover (Medicago lupulina), and cattail (Typha latifolia). Uplands within the site are mainly vegetated with Cheatgrass (Bromus tectorum), Reed canary grass (Phalaris arundinacea), Timothy (Phleum pretense), Kentucky bluegrass (Poa pratensis), and Quackgrass (Elymus repens), Meadow fescue (Lolium pratense).
Alternatives: The applicant has provided general information concerning off-site and on-site project alternatives, including several other waste management methods and several other city-owned locations. 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 offset the 5.34 acres of permanent wetland impact by establishing 8.1 acres of wetland at a Logan City mitigation site approximately 0.5 mile south of the project area. The proposed site abuts the west side of existing wetland establishment areas.
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 “Class III Cultural Resource Inventory for the Logan Biosolids Project, Logan, Cache County, Utah”), potentially eligible cultural resources may be affected by the proposed project. 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 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 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-2012-01298 must be submitted to the office listed below on or before May 12, 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: 8 drawings