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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-2012-00179, Sandy City, Salt Lake County, UT

Published Oct. 23, 2015
Expiration date: 11/23/2015

Sacramento District

Comments Period: October 22, 2015 – November 23, 2015

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Sandy City Dry Creek project, which would result in permanent impacts to 0.12 acres of riparian wetland, 0.74 acres of emergent wetland and 750 linear feet of stream, and temporary impacts to 0.02 acres of riparian habitat in or adjacent to Dry Creek. This notice is to inform interested parties of the proposed activity and to solicit comments.

AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States.

APPLICANT: Sandy City Corporation, Attn: Mr. Scott Bond, 10000 Centennial Parkway, Sandy, Utah 84070

LOCATION: The approximately 7.6-acre site is located along and adjacent to Centennial Parkway within Section 13, Township 3 South, Range 1 West, Salt Lake Meridian, Latitude 40.56°, Longitude -111.89°, Sandy City, Salt Lake County, Utah (enclosure 1).

PROJECT DESCRIPTION: The applicant is proposing to extend South Monroe Street and relocate the 0.74 acre Promenade wetland mitigation site for future development. Included in this project is the realignment of approximately 750 linear feet of Dry Creek to meet FEMA 100 year floodplain standards. In 2005, the Promenade Development was required to enhance 1.6 acres of palustrine emergent wetland for the loss of 0.06 acres of wetland. The applicant has not disclosed what type of development would impact the Promenade wetland mitigation site. The proposed road would be two lanes with sidewalks and curb and gutter. The Dry Creek crossing would have a 135-foot-long 16-foot-wide 3-sided bottomless concrete culvert. The realignment of Dry Creek has been design to convey 100 year flows. The creek would be realigned south of the existing alignment and would include the planting of 146 tree/shrubs and reseeding of embankments with native herbaceous hydrophytic species. Typical channel cross section would be a 10-foot bed with 12-foot 2:1 banks and an 8-foot concrete path located on the north end. Based on the available information, the overall project purpose is to extend South Monroe Street and provide development space. The applicant believes there is a need to realign to meet the requirements of 100 year floodplain for FEMA and relocate the Promenade Mitigation Site to provide future development. The attached drawings provide additional project details.


    Environmental Setting. There are approximately 1.5 acres of riparian wetland adjacent to approximately 1,000 linear feet of Dry Creek and 0.8 acres of emergent wetland within the project area. The site is surrounded by the Sandy City Mall and the Promenade Development. The emergent wetland is dominated by cattail (Typha latifolia) and hardstem bulrush (Schoenoplectus acutus). The riparian emergent wetland is dominated by mature cottonwoods (Populous fremontii), coyote willow (Salix exigua) and reed canary grass (Phalaris arundinacea). The remainder of the site is dominated by Kentucky bluegrass (Poa pratensis) and noxious weeds such as Whitetop (Cardaria Draba).

    Alternatives. The applicant has not provided information concerning project alternatives. 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 5.75 acres of wetlands adjacent to the Jordan River. The mitigation site would be located along the Jordan River, 1.4 miles northwest of the project site.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act from the Utah Department of Water Quality is required for this project. The applicant is in the process of applying for 401 certification.

Any comments related to water quality certification should be addressed to William Damery at the Utah Department of Water Quality, Post Office Box 144870, Salt Lake City UT 84114-4870, or email

HISTORIC PROPERTIES: Based on the available information (including applicant's report titled A Cultural Resource Inventory for the Proposed Dry Creek Wetland Delineation Project north of the South Towne Center), potentially eligible cultural resources may be affected by the proposed project . 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 would 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 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-2012-00179-UO must be submitted to the office listed below on or before November 23, 2015.

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 ext 18,

Attachments: 4 drawings