Action ID: SPK-2002-50464
Comments Period: November 16, 2015 – December 4, 2015
SUBJECT: The District Engineer, Sacramento District, U.S. Army Corps of Engineers (Corps), initially issued General Permit (GP) 40 on November 2, 1987. This programmatic general permit for the State of Utah has been renewed every 5 years, with minor changes, following public review. The District Engineer is in the process of revising the procedures, terms and conditions set forth in PGP 40. The proposed revised permit is included in this Public Notice and is being circulated to the public and resource agencies for comment before a final decision is made concerning any PGP 40 revisions. The Corps of Engineers, Sacramento District is soliciting comments on the proposed reissuance of PGP 40. The PGP 40 expiration date was previously extended to January 3, 2016. Projects authorized prior to the expiration of the current PGP have a completion date not to exceed 1 year from the date of that authorization. The text of the proposed PGP 40 is attached. This Public Notice may also be viewed at the Sacramento Corps web site at: http://www.spk.usace.army.mil/regulatory.html.
AUTHORITY: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters of the United States and Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. This general permit is also being evaluated by the State of Utah for Section 401 water quality certification.
LOCATION: PGP 40 applies to all waters in the State of Utah that are part of a surface tributary system and over which the State Engineer has regulatory authority under the state’s stream alteration program (Section 73-3-29, Utah Code Annotated). This general permit does not apply to springs, lakes, fens, wetlands or other waters to which the stream alteration program does not apply. This general permit does not apply to activities undertaken on Tribal lands.
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 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, 288 North 1460 West, P.O. Box 144870,
Salt Lake City, Utah 84114-4870, on or before December 4, 2015.
EVALUATION FACTORS: The decision whether to re-issue the PGP 40 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-2002-50464, must be submitted to the office listed below on or before December 4, 2015.
Michael Pectol, Project Manager
US Army Corps of Engineers, Sacramento District
533 West 2600 South, Suite 150
Bountiful, Utah 847010
Written comments on water quality certification should be submitted to the office listed below on or before December 4, 2015.
Mr. William Damery
Utah Division of Water Quality
195 North 1950 West
Salt Lake City, Utah 84116
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, Michael Pectol, 801-295-8380, extension 15, Michael.A.Pectol@usace.army.mil.
Attachments: Draft PGP 40