Comment Period: January 21, 2025 – February 21, 2025
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application for the discharge of dredged or fill material and/or work in approximately 4.05 acres of waters of the United States to construct the West Valley City Beagley Road Industrial Development 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: VTRE Development, LLC
Attn: Mr. Dave Denley
136 South Main Street, Suite 400
Salt Lake City, UT, 84101
LOCATION: The 41-acre project site is located at approximately 5902 West Beagley Road, Latitude 40.714804°, Longitude -112.031988°, West Valley City, Salt Lake County, Utah, and can be seen on the Magna USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to construct an industrial development comprised of four separate warehouses (Warehouse 1-3: 137,240 square feet and Warehouse 4: 88,600 square feet), including access roads, parking
(803 spaces), and utilities. The project would involve the filling of 1.95 acres saline wet meadow, 0.24 acre of playa, 0.74 acre of phragmites fringe wetland, 0.15 acre of pond, piping of 657 linear feet of flood channel, and the realignment of a 2,035 linear foot section of the Riter Canal to the north. The realigned canal would be similar to the existing canal, earthen with 2:1 slopes and banks reseeded with native species. Based on the available information, the overall project purpose and need is to provide warehouse space for regional distribution of goods or local operations for businesses. The attached drawings provide additional project details.
ADDITIONAL INFORMATION:
Environmental Setting. There are approximately 1.95 acres of saline wet meadow, 0.24 acre of playa, 0.74 acre of phragmites fringe wetland, 0.15 acre of pond, 657 linear feet of flood channel, and 2,035 linear feet of Riter Canal within the project area. The majority of the wetlands and flood channel are fed by a spring system located south of the site. The site is primarily undeveloped land, roughly half of which is used as an open range for various stock animals. The Mountain View Corridor is adjacent to the east, and Beagley Road borders the property to the north. Commercial warehouses have recently been constructed north of Beagley Road, and a few residences and a school are present along the southern edge of the property. The northern side is comprised of open, mildly sloping hills, with a significant depression from the historic alignment of a drainage of Lee Creek, which has since been diverted and is no longer active. Currently, a livestock pen is located on the southeastern side of the property and
free-range livestock is present on the southwestern side of the site.
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 purchase credits from Machine Lake Mitigation Bank for aquatic resource losses.
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 30, 2024.
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 project would not affect any Federally listed threatened or endangered species or their critical habitat that are protected by the Endangered Species 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 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: Comments on the proposed action must be submitted by February 21, 2025. Comments should be submitted through the Corps’ Regulatory Request System at https://rrs.usace.army.mil/rrs/public-notices. Written comments, referencing Public Notice SPK-2013-00515, may also be submitted to the following point of contact:
Hollis Jencks, Project Manager
US Army Corps of Engineers, Sacramento District
533 West 2600 South, Suite 150
Bountiful, Utah 84010
Email: Hollis.G.Jencks@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 Hollis Jencks, (801) 295-8380 ext. 8318, Hollis.G.Jencks@usace.army.mil.
Attachments: 5 drawings