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Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

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SPK-2008-00528-UO Cache County, UT

Published Feb. 1, 2013
Expiration date: 2/27/2013


SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to improve State Route 252 (SR-252), which would result in the permanent impacts to approximately 2.6242-acres and temporary impacts to 0.6248-acres of waters of the United States, including wetlands adjacent to SR-252 that are part of a larger contiguous wetland system that connects to Cutler Reservoir.

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: Ryan Halverson, UDOT Region 1, 166 West Southwell Street, Ogden, Utah 84404-4194

LOCATION: The 4.3-mile-long Phase II project corridor is located along SR-252 running north and south between 200 North and 2500 North then east west along 2500 North to 600 West (approximate entrance to Logan Airport) within Sections 5, 8, and 17, of Township 11 North, Range 1 East, and Sections 17, 20, 29 and 32 of Township 12 North, Range 1 East, Logan, Cache County, Utah, and can be seen on the UT-LOGAN USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The proposed Phase II project would complete the planned improvements on the SR-252 corridor. SR-252 consists of 1000 West and 2500 North in Logan. The Phase I project was permitted in 2011 by the Corps office and was constructed in 2011-2012. Phase I was 7-miles long and extended from the SR-252 and US-89 intersection to the SR-252 and US-91 intersection. The applicant is proposing to improve an additional 4.3-mile section of SR-252 which would permanently impact 2.6242-acres and temporarily impact 0.6248-acres of wetlands. Phase II begins at State Route 30 (SR-30) (200 North) and proceeds north to 2500 North. This phase would expand the 4.3-mile-long corridor on 1000 West to a five-lane highway from SR-30 to 2500 North, with five-lanes continuing on 2500 North from 600 West to 900 West, with one lane being dropped at the entrance to the Logan Airport. The proposed roadway work consists of additional traffic lanes, improved paved shoulders, continuous curb and gutter, and appropriate signalization. Temporary impacts would consist mainly of equipment access areas and would be restored to original grade and revegetated and monitored to insure success. The road profile would consist of four 12-foot lanes, one 12-foot turn or center lane, two 10-foot shoulders, two 6-foot sidewalks with 2.5-foot curb and gutter, and 4:1 fill slopes. The State of Utah has taken ownership of the SR-252 corridor from the City of Logan and must update the highway to meet state safety and capacity requirements. The basic project purpose is a linear transportation project. Work would be performed using standard equipment for road building such as backhoes, dump trucks, graders, etc. The applicant believes there is a need to improve and expand the route in order to be within compliance of the state’s road design and operational standards, as determined through UDOT’s SR-252: 1000 West Corridor Improvement Project Final Traffic Engineering Report (Traffic Engineering Report) (UDOT 2008). The Traffic Engineering Report analyzed current and future conditions up to the year 2030. Specific deficiencies that require improvement include traffic flow capacity, safety, and roadway infrastructure. The attached drawings provide additional project details.


Environmental Setting. There are approximately 18.96 acres of wet meadow and emergent marsh wetlands within the overall project area which includes Phase I and II. Existing wetlands occur within the existing corridor right-of-way over most of the SR-252 corridor length. The site is characterized by mostly industrial and commercial areas with some residential in the southern portion of the project area. The wetlands within the project area consists of wet meadow habitat dominated by red top, scouring rush, Kentucky fescue, fox tail barley, Baltic rush, field mint, curly dock, and alkali cordgrass. The emergent marsh habitats within the project area are dominated by swamp milkweed, American sloughgrass, wooly sage, Nebraska Sedge, beaked sedge, spike rush, celery-leaf buttercup, hard stem bulrush, Olney’s bulrush and cattail. These areas are grazed, mowed, and/or hydrologically modified for agricultural practices. The uplands within the project area are dominated by quackgrass, tall wheatgrass, cheatgrass, prickly lettuce, Japanese brome, Canada thistle, Kentucky bluegrass and mullein. The overall hydrological gradient of the area is from east to west with flows under 1000 West and 2500 North via culverts and ditches. These flows ultimately reach either the Logan River to the south and west or Cutler Reservoir, an impoundment of the Bear River, to the north and west. The hydrology across the north and central portions of the project area appear to be predominantly fed by natural springs.

Alternatives. The applicant has provided information concerning project alternatives. A no-build alternative was proposed. However, according to the applicant, this alternative would not meet the project purpose. Under this alternative, only routine maintenance would continue, such as pavement repair, storm water drainage maintenance, and roadway signage and signalization maintenance and SR-252 would not be in compliance with state safety and capacity standards. Building the roadway in another location would also not be feasible, according to the applicant, because this alternative again would not bring the current road into compliance with state standards. A three-lane alternative was also analyzed that would have a 73-foot right-of-way with a 12-foot travel lane in each direction, a continuous 12-foot turning median and 10-foot paved shoulders. This alternative was also dismissed by the applicant because it would not accomplish the project goals of meeting the 2030 capacity demands of SR-252 and bringing the road up to state standards. UDOT reduced the standard 110-foot-wide right-of-way for 5-lane roadway from 110 feet to 99 feet for Phase I and II to avoid and minimize impacts to wetlands, thereby reducing permanent impacts by 2 acres. Additional information concerning project alternatives may be available from the applicant. 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 create wetlands offsite at the Bear River Land Conservancy Easement. This is the same location used for the Phase I project compensatory mitigation.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Utah State Division of Water Quality is required for this project. The Utah Division of Water Quality will review the project to determine if the proposed work will comply with applicable water quality standards. Projects are usually certified where the project may create diffuse sources (non-point sources) of waste which would 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. William Damery, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or email, on or before March 4, 2013.

HISTORIC PROPERTIES: Based on the available information (including applicant's report entitled “A Cultural Resources Survey of the Proposed 1000 West/SR-252 Project in Logan City, Cache County, Utah”), there are potentially eligible cultural resources that may be affected by the proposed project, as well as some potential adverse effects to historic properties. UDOT has previously consulted with the State Historic Preservation Officer (SHPO) and a Memorandum of Agreement between UDOT and the SHPO regarding the proposed project has been established under the Utah State Antiquities Act. The Corps will not initiate separate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act.

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.

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-2008-00528-UO must be submitted to the office listed below on or before February 27, 2013.

Hollis Jencks, Project Manager
US Army Corps of Engineers
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 extension 18, or email

Attachments: 15 drawings