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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.

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SPK-2013-00337, Davis County, Utah,

Published May 9, 2014
Expiration date: 6/10/2014

Sacramento District

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Davis County - Holly Energy Stormwater Channel project, which would result in permanent impacts to approximately 0.71-acre of waters of the United States, including wetlands, in or adjacent to Mill Creek. 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: Mr. Kirk Schmalz, Davis County Public Works, 1500 East 650 North, Fruit Heights, Utah 84037

LOCATION: The project site is located west of Interstate 15 (I-15) in Section 23, Township 2 North, Range 1 West, Salt Lake Meridian, Latitude 40.88°, Longitude -111.90°, West Bountiful, Davis County, Utah, and can be seen on the UT-FARMINGTON USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to fill an existing concrete-lined sediment basin located in the Utah Department of Transportation right-of-way near 500 South and to construct a new sediment basin along Mill Creek west of 1100 West Street. The existing sediment basin will be abandoned and back-filled. Some of the existing concrete will be removed and new PVC pipeline and culverts will be installed to connect to existing culverts and pipelines so flows resume in Mill Creek. At the new basin site, an existing check wall and wing walls will be removed. Concrete and rip-rap will be installed to create the new basin and transition it into the existing channel. An access bridge will also be constructed. Based on the available information, the overall project purpose is to improve stormwater management and sediment retention along Mill Creek. The applicant believes there is a need to increase the current system’s capacity to retain sediment from runoff before it is discharged into the existing open channel west of 1100 West Street. According to the applicant, the existing basin only removes about half the runoff sediment generated from upstream water. The attached drawings provide additional project details.


    Environmental Setting.  Approximately 0.18-acre of palustrine emergent wetland and 1.18-acre of a pond and drainage channel are located within the project area.  The existing basin, located between a gas station parking lot and an I-15 on ramp, is surrounded by weeds and enclosed by a chain link fence. The section of Mill Creek proposed for the new on-channel sediment basin is an earthen bottom creek with emergent wetlands along its edges.  This fenced and gated site is a previously tilled and cleared parcel owned by Davis County (the applicant).  The Holly Oil refinery property is located across the street to the east. The general project area is characterized by industrial and residential development.

    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 the mitigate for permanent impacts by purchasing credits at the Machine Lake Wetlands Mitigation Bank at a ratio of one to one (1:1).

OTHER GOVERNMENTAL AUTHORIZATIONS: Section 401 Water Quality Certification from the Utah Division of Water Quality is required for Corps issuance of a standard individual permit for the proposed project. This requirement comes from the authority of Section 401 of the Federal Clean Water Act, (33 U.S.C. Subsection 1341) and is consistent with the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Ann. 1953, as amended, and Utah Administrative Code R317-15. A person who wishes to challenge a Permit Order may only raise an issue or argument during an adjudicatory proceeding that was raised during the public comment period and was supported with sufficient information or documentation to enable the Director of the Division of Water Quality to fully consider the substance and significance of the issue. Utah Code Ann. 19-1-301.5 can be viewed at the following URL: Any comments specific to 401 Water Quality Certification relative to this public notice should be submitted to Mr. Bill Damery, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or by June 10, 2014.

HISTORIC PROPERTIES: Based on the available information (including applicant's report entitled A Cultural Resource Inventory for the Bowen Collins & Associates Millcreek Expansion Project in Woods Cross, Davis County, Utah), no cultural resources were identified within the project's area of potential effect. 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, 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-2013-00337-UO must be submitted to the office listed below on or before June 10, 2014.

John Urbanic, Senior Project Manager
US Army Corps of Engineers
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 John Urbanic, 801-295-8380, extension 11,

Attachments: 9 drawings