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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.

Public Notices published by the Sacramento District under the Regulatory Program are posted on this page. Once a public notice is available on-line, an email notification is sent to individuals on the appropriate mailing list.

Comments are due by the expiration date of the public notice.  Only comments submitted by email or in hard copy format through a delivery service, such as the U.S. Postal Service, can be accepted.   Comments must be submitted to the address listed in the public notice.

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SPK-2013-00734, Kane County, UT

Published Nov. 14, 2013
Expiration date: 12/13/2013


SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Long Valley Sewer Improvement District Wastewater Improvement Project, which would result in impacts to approximately 1.96 acres of waters of the United States, in an unnamed tributary of the East Fork of the Virgin 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 Utah Division of Water Quality for Section 401 certification.

APPLICANT: Mr. Roger Chamberlain
     Long Valley Sewer Improvement District
     90 East Center Street
     P.O. Box 220
     Glendale, Utah 84729

LOCATION: The 30-acre site is located on the west side of State Route 89 (SR-89) between Mt. Carmel Junction and the town of Glendale, in Section 19, Township 41 South, Range 7 West, Salt Lake Meridian, Latitude 37.23125°, Longitude -112.67712°, Orderville, Kane County, Utah, and can be seen on the UT-ORDERVILLE USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to rehabilitate two of the existing wastewater lagoons with the addition of two new lagoons totaling approximately 11.5 acres in size. The project would require the relocation of Spring Hollow Wash to the south around the proposed lagoons and then east to merge back with the East Fork of the Virgin River through culverts under SR-89. The channel would be excavated to provide an 8 foot bottom with 1.5:1 to 2:1 side slopes. Material excavated from the channel and site would be used as compacted embankment. Rip rap would be used to armor the inside bank of the channel to prevent failure of the lagoon banks due to erosion. The channel would be designed to withstand the 100-year storm event. An 8-foot diameter, 80-foot pipe culvert would be installed where the channel crosses the existing access road. Based on the available information, the overall project purpose is to upgrade and expand the existing sewer system. The applicant believes there is a need to upgrade the existing system because the current lagoons are nearly at capacity. The attached drawings provide additional project details.


    Environmental Setting. There are no wetlands located within the proposed project area.  The site contains one large wash that flows out of Spring Hollow and connects with another wash that flows from the south, northward to connect just outside of the proposed project area with Spring Hollow.  The area is dominated by upland species typical of the high desert regions of southern Utah.

    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 relocate the ephemeral wash.

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 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, at the Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, email, on or before December 16, 2013.

HISTORIC PROPERTIES: 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 Corps will initiate consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act, as appropriate.

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-2013-00734-SG must be submitted to the office listed below on or before December 13, 2013.

Patricia McQueary, Project Manager
US Army Corps of Engineers, Sacramento District
U.S. Army Corps of Engineers
St. George Field Office
196 East Tabernacle Street Room 30
St. George, Utah 84770

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 Patricia McQueary, 435-986-3979,

Attachments: 4 drawings