Comment Period: December 28, 2023 – January 27, 2024
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 3.02 acres of waters of the United States to expand the wastewater treatment facility. The expansion would involve the construction of new treatment process buildings. 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: Timpanogos Special Service District,
Attn: Mr. Richard Mickelsen
6400 North 5050 West
American Fork, UT, 84003
LOCATION: The approximately 7.5-acre project site is located within the existing TSSD wastewater treatment facility on the northeast side of Utah Lake, 6400 North 5050 West Latitude 40.33933°, Longitude -111.7792°, American Fork, Utah County, Utah, and can be seen on the Pelican Point USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to expand the TSSD wastewater treatment facility to provide services to meet the future projected population growth. A series of new treatment process buildings would be constructed for the removal of phosphorus from the final effluent before discharging into Utah Lake. The project would include a new secondary effluent pump station, tertiary filtration and chemical building, an ultraviolet facility for disinfection prior to final discharge, and a wastewater discharge point into Utah Lake. The proposed project would impact approximately 3.02 acres of palustrine emergent wetland that were constructed as compensatory wetland mitigation for an expansion of the wastewater treatment facility in the mid 1990’s. Based on the available information, the overall project purpose is to meet future wastewater treatment demands. The applicant believes there is a need to expand the existing wastewater treatment facility. The attached drawings provide additional project details.
Environmental Setting: There are approximately 29 acres of palustrine emergent wetlands within the project area. The wetlands to be impacted were constructed as compensatory wetland mitigation in the mid 1990’s as the result of the expansion of the wastewater treatment plant. These wetlands are dominated by common reed (Phragmites australis), annual beard grass (Polypogon monspeliensis), burning bush (Bassia scoparia), southern cattail (Typha domingensis), hardstem bulrush (Scheonoplectus acutus), and five-stamen tamarisk (Tamarix chinensis) and foxtail barley (Hordeum jubatum). These wetlands are sustained by a combination of wastewater from the facility and high-water table. The wastewater treatment facility services the cities of Alpine, American Fork, Cedar Hills, Eagle Mountain, Highland, Lehi, Pleasant Grove, Saratoga Springs, Vineyard and part of Draper.
Alternatives: The applicant has 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 restore and enhance approximately 19.5 acres of existing wetland habitat located to the north of the project.
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, is required for this project. The applicant applied for certification on December 11, 2023.
HISTORIC PROPERTIES: 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 proposed activity 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 and/or the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species 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-2022-00724 must be submitted to the office listed below on or before January 27, 2024.
Hollis Jencks, Project Manager
US Army Corps of Engineers, Sacramento District
Utah 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 Hollis Jencks, (801) 295-8380 ext. 8318, Hollis.G.Jencks@usace.army.mil.
Attachments: 4 drawings