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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-2023-00089, Public Notice of Proposed Alder Farms Mitigation Bank, Cache County, Utah

REGULATORY DIVISION
Published July 19, 2023
Expiration date: 8/21/2023

Comment Period: July 21, 2023 – August 21, 2023

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a proposal to establish the Alder Farms Mitigation, which would result in the establishment of approximately 20.03 acres, and enhancement of approximately 18.67 acres of waters of the United States, including wetlands, in or adjacent to the Lower Bear watershed. This notice is to inform interested parties of the proposed activity and to solicit comments. This notice may also be viewed at the Corps web site at www.spk.usace.army.mil/Media/RegulatoryPublicNotices.aspx. A copy of the June 5, 2023, Mitigation Bank Prospectus Alder Farms Mitigation Bank prospectus, prepared by Envirocentric Planning and Design, LLC., is available online at the following location: https://ribits.ops.usace.army.mil/ords/f?p=107:278::::RP,278:P278_BANK_ID:6574.  

AUTHORITY: This prospectus is being evaluated under 33 Code of Federal Regulations (CFR) Part 332.8.

SPONSOR:         Mitigation and Conservation Alliance, LLC
                              Attn: Mr. Alex Bearnson
                              399 North Main Street
                              Logan, Utah 84321
                              blackriverdevco@gmail.com

LOCATION: The approximately 37.86-acre bank property is located adjacent to 600 South, Latitude 41.71964°, Longitude -111.90373°, in Cache County, Utah (Figure 1).

PROJECT DESCRIPTION: The prospective Sponsor proposes to establish an approximately 37.86-acre mitigation bank. The project would result in the establishment of approximately 20.03 acres, and enhancement of 18.67 acres of waters of the United States, including wetlands, in or adjacent to the Lower Bear watershed. The mitigation bank proposes to offer 20.03 wet meadow creation credits at a1:1 ratio, 6.59 wet meadow enhancement credits at a 1:2 ratio, and 2.74 emergent marsh enhancement credits at a 1:2 ratio (Figure 2).

The Service Area is proposed to encompass the Lower Bear Watershed (HUC 160102) in Utah including all of the Little Bear-Logan (HUC 16010203) where the bank property is located, , as well as the adjoining Lower Bear-Malad (HUC 16010204), Middle Bear (HUC 16010202), and Bear Lake (HUC 16010201) 8-digit HUC Sub-Basins. The attached drawing provides additional details (Figure 3).

ADDITIONAL INFORMATION:

Environmental Setting. There are approximately 13.19 acres of wet meadow and 5.48 acres of emergent marsh, as well as 0.07 acre of agricultural ditches and canal within the project area. The site is situated between the Logan and Little Bear Rivers and is characterized by agricultural uses. The site is currently used strictly for cattle grazing. Vegetation at the site consists of herbaceous species typical of agricultural fields with wetland species occurring in low lying areas. No tree or shrub species are located within the site. Land uses in the surrounding area consist of agricultural and residential uses.

A Department of the Army permit may be required for restoration activities.

OTHER GOVERNMENTAL AUTHORIZATIONS: The Interagency Review Team responsible for the review and approval of the proposed mitigation bank includes representatives from the Corps, the US Environmental Protection Agency (USEPA), the U.S. Fish and Wildlife Service, the Utah Division of Wildlife Resources, and the Utah Division of Water Quality.

HISTORIC PROPERTIES: A cultural resource inventory and report is being prepared and will be available when the draft Bank Enabling Instrument (BEI) is submitted. 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 proposed Bank may affect federally-listed endangered or threatened species or their critical habitat. 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 Bank will 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 Sponsor and our preliminary review.

EVALUATION FACTORS: 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 Bank. Any comments received will be considered by the Corps to assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors. Comments are used in the evaluation of the proposed Bank per 33 CFR Part 332.8 and in the preparation of an Environmental Assessment pursuant to the National Environmental Policy Act.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2023-00089 must be submitted via email to the office listed below on or before August 21, 2023.

Nicole D. Fresard
Senior Regulatory Project Manager
Utah Regulatory Section
US Army Corps of Engineers, Sacramento District
Email: Nicole.D.Fresard@usace.army.mil
Telephone: (801) 295-8380 ext. 8321

Attachments:

Figure 1: Location Map
Figure 2: Conceptual Design Map
Figure 3: Mitigation Bank Service Area