CESPK-RD-U
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the U.S. Highway 6 (US-6) Mileposts (MPs) 201 to 203 Phase (Skyview to Tucker) Project, which would result in permanent impacts to approximately 0.674-acre of waters of the United States, including wetlands, in or adjacent to Soldier Creek. This Public Notice addresses only the section of US-6 improvements project from MP 201 to 203. The proposed action is part of a larger US-6 improvements corridor extending from Interstate 15 (I-15) in Spanish Fork to Interstate 70 (I-70) in Green River. This notice is to inform interested parties of the currently proposed activity and to solicit comments.
AUTHORITY: This application is being evaluated by the Corps under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States and by the State of Utah for Section 401 water quality certification.
APPLICANT: Terry Johnson
Utah Department of Transportation
4501 South 2700 West
Salt Lake City, Utah 84114
LOCATION: The 2-mile site is located along U.S. Highway 6 from MPs 201 to 203 (also known as the Skyview to Tucker stretch) in Section 14, Township 10 South, Range 6 East, Salt Lake Meridian, Latitude 39.709°, Longitude -110.866°, Carbon County, Utah, and can be seen on the UT-TUCKER USGS Topographic Quadrangle and as indicated in attached Figure 1-Project Location Map.
PROJECT DESCRIPTION: U.S. Highway 6 is part of the national highway system and is a major east-west highway that serves an important statewide transportation function through Utah by linking two major interstates, Interstate 15 (I-15) and Interstate 70 (I-70). US-6 is also an important link between the rural communities of central and southeastern Utah and the populous Wasatch Front. Parts of US-6 were constructed over 60 years ago and the highway does not meet current safety design standards. According to the applicant, the increased travel demand on US-6 from population growth along the Wasatch Front has resulted in a decreased level of service (LOS) that does not meet American Association of State Highway and Transportation Officials (AASHTO) guidance for a highway of this type. The highway design along with the increased travel demand have resulted in higher-than-expected accident rates for a roadway of this type along portions of the highway.
The applicant is proposing to widen and improve this two-mile section of US-6 from a two lane highway to a four lane highway with tapering to a three lane or two lane highway in areas of significant wetland resources. The proposed project includes shoulder widening and construction of new turn lanes into the Tie Fork Rest Area, and replacement of the narrow bridge over Soldier Creek with a structure that would allow for wildlife passage beneath. To allow for the crossing of wildlife, the bridge had to be designed with an additional seven foot clearance higher than the existing bridge. This increased height contributes to the overall impact acreage of wetlands.
This project is part of a larger US-6 improvement project involving previous road-work up canyon and down canyon of the current project location. Impacts to aquatic resources in this stretch of the highway improvement project involve filling 0.444-acres of wetlands and 409-linear feet (0.159-acre) of stream re-alignment. There would be indirect impacts to 191-linear feet (0.071-acre) of stream that would be hydrologically cut off from the functioning Soldier Creek but would not be filled.
Three sections of the US-6 highway improvement corridor up canyon and down canyon of the current project were completed under Department of the Army individual permit (SPK-2002-50387) issued in May 2006. A total of 1.875-acres of aquatic resources were impacted as a result of the work under this now expired original permit. These impacts were a reduction in acreage of impacts from the anticipated 2.1-acres as identified in the September 2005 US-6 Final Environmental Impact Statement (FEIS) for the 127-mile stretch of Highway 6 from I-15 in Spanish Fork to I-70 in Green River. The Corps was a cooperating agency to the National Environmental Policy Act (NEPA) process for the US-6 improvements project. As such, the FHWA consulted with the Corps at that time to ensure that the project purpose, alternatives analysis, and preferred alternative were compatible with Clean Water Act Section 404 regulations.
Based on the available information, the overall project purpose is to upgrade the highway to meet national safety standards. The applicant believes there is a need to improve the highway because US-6 does not currently meet national highway safety standards; there is a high fatality rate and congestion issues; and the highway is an important arterial connection for providing recreational, economic, and interurban and intraurban service for central and southeastern Utah. The basic project purpose is highway improvement.
The attached drawings identified as “U.S.-6; MP 201 to 203; Skyview to Tucker; Sheets W-4 and W-5, Drawings C-1017, Sheets 1-2, and Sheet CS-1” provide additional project details for the current action
ADDITIONAL INFORMATION:
Environmental Setting. The September 2005 FEIS provides a thorough description of the Affected Environment in Chapter 3 of the document. In summary, the US-6 Highway corridor extends from I-15 in Spanish Fork to I-70 near Green River, Utah. This area covers two distinct geographic regions. The area under current analysis (MPs 201-203) exists in mountainous terrain and reaches an elevation of 7,477 feet at Soldier Summit. This segment is paralleled by a major railroad and various natural creeks and rivers within the confines of winding canyons.
The area was surveyed for waters of the U.S. as outlined within Maps 001-104 in the FEIS. Table A-2 in the FEIS outlines, by reach, the acreage and linear footage delineated of each type of water of the U.S. within the surveyed area. The attached Map 016 demonstrates the location and boundaries of the delineated waters of the U.S. within the current project area.
For a description of wetland function by reach and wetland type, please reference Table 3.11-1 on page 3-60 of the FEIS.
Alternatives. The applicant has provided information concerning project alternatives evaluated in the FEIS. Additional information concerning project alternatives may be available from the applicant or their agent. Other alternatives for the currently proposed action 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.
FHWA carried forward three alternatives for detailed analysis within the FEIS. Those three alternatives are the No Action alternative, the Passing Lane Alternative, and the Four Lane Alternative. Under the Four Lane alternative, UDOT would continue to improve US-6 to a mostly four-lane highway between I-15 and I-70. The exception occurs in wetland areas. The four-lane section varies from an open-median-divided cross-section in most of the eastern part of the project corridor (Wellington to I-70) to a barrier-divided cross-section in most of the western part of the project corridor (Spanish Fork to Wellington). The eastern and western typical sections vary at specific locations depending on topography and existing development. Median treatments would include a combination of cable barrier, beam guardrail, and concrete barrier.
For the current two mile stretch of highway under review, the highway was designed as a two lane roadway with turning lanes to access the rest area. Sections of guard rail and barrier will be incorporated into the project to accommodate the use of steeper fill slopes.
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 is proposing to offset impacts to aquatic resources as a result of the current project by deducting credits from advance mitigation areas created as a result of the construction of the earlier phases of the overall US-6 roadway improvement project addressed in the September 2005 FEIS.
To compensate for impacts to water resources UDOT is proposing to use excess credits from the Tie Fork mitigation site that was constructed in 2009 with the previous project to mitigate wetland impacts along this section of US-6. The FEIS identified the Tucker/Tie Fork area as a potential wetland mitigation site for projects in this section of the canyon. The Tie Fork mitigation site, which is immediately adjacent to this project, is progressing well and is on schedule to meet the success criteria established for the wetland. To ensure the realignment to Soldier Creek is carried out in the most appropriate manner, UDOT will consult with the aquatics specialist from the Division of Wildlife Resources. UDOT will be incorporating measures to help repair the incised nature of this stream section and provide opportunities for better fish habitat. In abandoned sections of the creek, UDOT proposes to make minor grading modifications to retain these areas as wetlands and create backwater fish habitat.
OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the State of Utah Division of Water Quality is required for this project. The Utah Division of Water Quality intends to issue 401 certification provided that the proposed work will not violate applicable water quality standards. Projects are usually certified where the project may create diffuse sources (non-point sources) of wastes which will occur only during the actual construction activity and where best management practices would be employed to minimize pollution effects. Written comments on water quality certification should be submitted to Mr. Bill Damery, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or email wdamery@utah.gov on or before July 5, 2012.
HISTORIC PROPERTIES: As lead agency, FHWA conducted cultural, historic, and paleontological resources inventories and surveys to comply with federal and state guidelines. Before performing field surveys, qualified specialists conducted a literature review to identify known cultural resources, historic architectural properties, archaeological sites, paleontological resources, and traditional cultural properties in the study area. The locations of all properties (historic and non-historic) documented in the study area are shown in Appendix G, Cultural Resources in Volume II of the FEIS. The adverse effects were considered and FHWA agreed to mitigation measures documented within a Memorandum of Agreement (MOA). The MOA, executed in consultation with the State Historic Preservation office, the federal Advisory Council on Historic Preservation, affected agencies, and consulting parties identified under Section 106, be referenced in Appendix G of Volume II of the FEIS.
No historic or cultural resources will be affected by construction of the currently proposed project between MP 201 and 203.
ENDANGERED SPECIES: As lead agency, FHWA consulted with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the Endangered Species Act. In order to determine whether Threatened and Endangered species (TES) exist within the project area, FHWA contracted with SWCA Environmental Consultants to conduct surveys within the US-6 corridor between I-15 and I-70. The TES study area varies by species or species group. The surveys were conducted in the spring and summer of 2003. TES fish species were not surveyed but were assumed to be present in the TES study area in waters within their range of historic occurrence.
The USFWS concurred in the determination that the build alternatives "may affect, but are not likely to adversely affect" clay phacelia (Phacelia argillacea), Ute ladies'-tresses (Spiranthes diluvialis) , bonytail chub (Gila elegans), Colorado pikeminnow (Ptychocheilus lucius), humpback chub (Gila cypha), and razorback sucker (Xyrauchen texanus). It also concurred in the determination that the build alternatives would have "no effect" on the June sucker (Chasmistes liorus), bald eagle (Haliaeetus leucocephalus), western yellow-billed cuckoo (Coccyzus americanus), and black-footed ferret (Mustela nigripes).
The USFWS and FHWA agreed to conduct additional surveys of known and suitable habitat for Ute ladies'-tresses and clay phacelia during the appropriate floristic season prior to construction. In addition, UDOT would implement Best Management Practices during construction to mitigate for surface water impacts.
The above determinations are based on information provided by the applicant and our preliminary review.
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-2002-50387 must be submitted to the office listed below on or before June 29, 2012.
John Derinzy, Project Manager
US Army Corps of Engineers, Sacramento District
Nevada-Utah Branch Office
533 West 2600 South, Suite 150
Bountiful, Utah 84010
Email: John.W.Derinzy@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 John Derinzy, 801-295-8380 extension 13, or email John.W.Derinzy@usace.army.mil.
Attachments: 7 drawings
- Figure 1-Project Location Map
- US-6; MP 201 to 203; Skyview to Tucker:
- Sheets W-4 and W-5
- Drawings C-1017, Sheets 1-2
- Sheet CS-1
- Map 016: US 6 EIS Wetlands Delineation (SWCA)