Comment Period: December 13, 2024 – January 12, 2025
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 4.95 acres of waters of the United States to construct a 17.32-acre residential development. 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: Wasatch Residential Group, LLC, Attn: Mr. Eric Winters, 620 State Street, Salt Lake City, Utah, 84150-0001
LOCATION: The approximately 17-acre project site is located near 1400 West Burke Lane, Latitude 40.992507°, Longitude -111.918831°, Farmington, Davis County, Utah, and can be seen on the Farmington USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to discharge fill material into 4.95 acres of wetlands for the construction of a 463-unit multifamily residential development. This development would include 857 parking stalls, access roads, and other appurtenant features and would encompass the entire 17.32-acre project site. The applicant has identified the purpose is to provide additional housing. The applicant believes there is a need to relieve the region’s housing supply shortage. The attached drawings provide additional project details.
ADDITIONAL INFORMATION:
Environmental Setting. The project area is located between the Wasatch Mountains and the Great Salt Lake at an elevation of approximately 4,250 feet. The proposed project would result in the development of the entire 17.32-acre project site, which contains approximately 4.95 acres of wet meadow wetlands. Typical wetland vegetation onsite includes broadleaf pepperweed (Lepidium latifolium), curly dock (Rumex crispus), annual rabbit’s-foot grass (Polypogon monspeliensis), Russian olive, (Elaeagnus angustifolia) Baltic Rush (Juncus balticus), common spike-rush (Eleocharis palustris), and Nebraska sedge (Carex nebrascensis).
Alternatives. The applicant has not 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 a conceptual compensatory mitigation plan for the purchase of mitigation credits from 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, may be required for this project. The applicant has not indicated that they have applied for certification.
HISTORIC PROPERTIES: Based on the available information, 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 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.
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-2022-00300 must be submitted to the office listed below on or before January 12, 2025
Connor Jones, Project Manager
US Army Corps of Engineers, Sacramento District
Utah Regulatory Field Office
533 West 2600 South, Suite 150
Bountiful, Utah 84010-7744
Email: connor.d.jones@usace.army.mil or spkregulatorymailbox@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 Connor Jones, 801-295-8380 ext. 8317, connor.d.jones@usace.army.mil.
Attachments: 3 drawings