CESPK-RD-U
COMMENT PERIOD ENDS: July 9, 2012
SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Spanish Fork Spring Collection System, which would result in impacts to approximately 2.11-acres of waters of the United States, including springs, wetlands and open water adjacent to the Spanish Fork River. This notice is to inform interested parties of the 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: Chris Thompson
Spanish Fork City
175 East 2160 North
Spanish Fork, Utah 84660
AGENT: Tom Hopkins
IHI Environmental
640 East Wilmington Ave.
Salt Lake City, Utah 84106
LOCATION: The approximately 4.3-acre site is located adjacent U.S. Highway 6 (US-6) in Spanish Fork Canyon, approximately 8 miles east of the city of Spanish Fork, on the northeast side of the highway, in Section 12, Township 9 South, Range 3 East, Salt Lake Meridian, Latitude 40.049°, Longitude -111.547°, Spanish Fork, Utah County, Utah, and can be seen on the UT-SPANISH FORK PEAK USGS Topographic Quadrangle.
PROJECT DESCRIPTION: The applicant is proposing to permanently impact approximately 2.11 acres of waters of the United States to improve the collection system at Cold Spring for Spanish Fork City’s water supply and bring the water supply into compliance with the Safe Drinking Water regulations and State of Utah’s Water Quality standards. Cold Spring supplies a large portion of the City’s water supply when it is in operation. This project is a continuance of an improvement plan to resolve ongoing concerns with contamination in the Cold Spring water collection area. Previous authorizations under Section 404 of the Clean Water Act were issued (July 30, 2010 and November 8, 2010) to the City to address immediate concerns of public health and the drinking water supply. The previous authorized work included removal of the existing spring collection pipe and replacing it with a new spring system collection pipe, gravel rock, clay and geosynthetic membrane liner, and construction of a small access road. The previous authorized work resulted in 0.127-acre of temporary impacts and 0.026-acre of permanent impacts to aquatic resources.
The currently proposed project involves removing approximately 23,000 cubic yards of pond bottom soils for deposition at an offsite upland location. The excavated area would then be backfilled with 23,000 cubic yards of clean gravel with 24-inch PVC perforated drain lines inserted the length of the area approximately 6 inches above the floor of the excavation. These lines would serve as collection lines for the water from the spring, which would then be transported down canyon to the City for potable use. The gravel would be covered with 12 inches of compacted clay and then a 40 millimeter PVC liner would be placed on top of the clay to enwrap the excavated area to prevent water and other contaminants from entering the gravel collection system. An additional 24 inches of compacted clay would be placed on top of the PVC liner. The final cap layer would include a foot of top soil and vegetation with a drainage ditch placed in the middle of the cap. This drainage ditch will collect precipitation and surface water in order to prevent it from contaminating the ground water sources and then transport it to an existing culvert which will discharge into the Spanish Fork River.
The current discharge rate of the springs equals approximately 5,000 gallons per minute (gpm) and the City currently has the capability to collect that 5,000 gpm. The City indicates the improvements of the collection system would not increase or improve the flows of the springs. The gravel would function to collect spring water with the pipes functioning as the conveyance system. No collection box or other device would be installed in the spring sources to facilitate increasing the flow or any other method employed that would increase the lifespan of the springs.
Construction of the project is anticipated to begin approximately in September 2012 with completion in November.
Based on the available information, the overall project purpose is to provide sufficient water supply for the City of Spanish Fork that meets the State Rules requirement of 6,716 gpm of source capacity for the Drinking Water System to meet peak demands. The applicant believes there is a need to improve the collection system at Cold Spring in order to meet these peak demands and State Rules, as well as comply with a June 7, 2011 order from the Utah Division of Water Quality to implement immediate action to mitigate the influence of untreated water entering the system from Cold Spring. The applicant believes that the most practicable way to comply with the State’s order would be to capture the groundwater before it could be influenced at the surface, by allowing the gravel and perforated drain lines to capture as much of the spring water as possible, while also minimizing the transport of contaminants that are likely present in the existing pond bottom soils. The attached drawings provide additional project details. The basic project purpose is improvement of a spring water collection system to meet State Rule and water quality requirements.
ADDITIONAL INFORMATION:
Environmental Setting. The project area is a depression that serves as a catch basin for spring water surfacing in the area. A series of springs and seeps within the project area continues to add water to the basin. Before the City conducted the previously authorized work, the subject area was over 90% inundated. The area of inundation has subsequently been reduced in size. The project area is located approximately 195 feet east of the Spanish Fork River, which is slightly lower in elevation to the project site. The pond overflow consists of a pipe that discharges excess water to the river.
The project area includes approximately 1.05-acres of open water and 1.16-acres of emergent marsh wetlands. The site is characterized by a mix of emergent marsh and open water with hillside slopes to the north, east and south of the wetlands. The site is bordered on the west by US-6. Predominant species in the project area are Scirpus acutus (Hardstem bulrush), Typha latifolia (common cattail), and Juncus balticus (baltic rush). The hillside slopes are dominated by Salix exigua (Sandbar willow), Cardaria draba (Heart podded whitetop), Galium aparine (Catchweed bedstraw), Acer negundo (Box elder), and Poa pratensis (Kentucky bluegrass).
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 to provide compensatory mitigation at an offsite location owned by the City just north of the municipal green composting operation on 1100 East Street in Spanish Fork. The applicant believes that avoidance or minimization measures are not practicable for the project impacts due to the urgent need to maintain the capacity of their drinking water system. Under the proposed approach, Cold Spring would meet the capacity demand and comply with State Rules, however, it would be necessary to completely fill and cover the wetlands, thereby making any avoidance and minimization impossible. The City proposed a mitigation ratio of 2:1 to offset impacts to waters of the U.S.
OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Utah Division of Water Quality is required for this project. The Utah Division of Water Quality intends to issue Section 401 certification provided 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 only occur during the initial 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 w.damery@utah.gov on or before July 16, 2012.
The City will also be required to obtain an Operating Permit from the Utah Division of Drinking Water to ensure the system meets the state standards and is safe for public use.
HISTORIC PROPERTIES: The applicant has not provided any documentation that the project would comply with the National Historic Preservation Act. It is unknown if there are currently any cultural or historic sites within the project area that would qualify for listing on the National Register of Historic Places and/or if such resources would be impacted as a result of the proposed project. The applicant will be required to have a cultural inventory and survey conducted of the project area. 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 will not affect any Federally-listed threatened or endangered species or their critical habitat that are protected by the Endangered Species Act. 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 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 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-2010-00589-UO must be submitted to the office listed below on or before July 9, 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 John.W.Derinzy@usace.army.mil.
Attachments: 5 drawings
1) Location Map
2) Cold Spring Wetland Delineation Map
3) Sheet 1: Cold Springs Rehabilitation Plan View
4) Sheet 2: Cold Springs Rehabilitation Cross Sections
5) Sheet 3: Cold Springs Rehabilitation Details