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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-2009-01357, Salem, Utah County, Utah

Published Jan. 15, 2016
Expiration date: 2/3/2016

Sacramento District

Comments Period: January 15, 2016 – February 15, 2016

SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct a 3-lane, 3.25-mile road between 8000 South and SR-198 identified as Salem Parkway, which would result in impacts to approximately 6.95 acres of wetlands and 1,727 linear feet of waters of the United States, in or adjacent to Beer 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 and by the State of Utah for Section 401 water quality certification.

APPLICANT: Utah County Government Public Works Dept., Mr. Richard Nielson, 2855 South State Street, Provo, Utah 84606

LOCATION: The approximately 1,000-acre project site is located between Elk Ridge Drive and Interstate15, northwest of Salem in Sections 2, 3, 10, 11, 34, and 35, Township 8 South and 9 South, Range 2 East, Salt Lake Meridian, Latitude 40.0666°, Longitude -111.6857°, Salem, Utah County, Utah (enclosure 1) and can be seen on the UT-SPANISH FORK USGS Topographic Quadrangle.

PROJECT DESCRIPTION: The applicant is proposing to construct a new 3-lane, 3.25-mile road from State Route 198 (SR-198) at Elk Ridge Drive northward to 8000 South (SR-164). The project would result in permanent impacts to approximately 6.38 acres of wet meadow wetlands, 0.57 acre of emergent marsh wetlands and 1,727 linear feet of man-made and natural stream channel. The population of Salem is projected to increase to at least five times the 2010 population. Additionally, the average daily traffic on SR-198 in Salem is a projected to increase from 15,000 to 26,000 by the year 2040, resulting in a Level of Service (LOS) F. Based on the available information, the overall project purpose is to construct a roadway. The applicant believes there is a need to improve mobility and alleviate current and future traffic delays on Spanish Fork Main Street and reduce congestion in the Elk Ridge and Salem areas.

The proposed project area would consist of a 106-foot-wide corridor, including 12-foot traffic lanes, 14-foot center auxiliary lane, 6-foot bike lanes, 3-foot shoulders, 2-foot soft shoulders and 23 feet on both sides for a ditch. The roadway will be designed for a 55 miles-per-hour speed limit and traffic lights will be installed at major intersections. The attached Proposed Alternative B map set (enclosure 2) and Typical Section drawings (enclosure 3) provide additional project details.


    Environmental Setting. There are approximately 155.9 acres of wet meadow wetlands, 37.25 acres of emergent marsh wetlands, 3.37 acres of playa wetlands, 1.5 acres of open water and 35,662 linear feet of perennial channel present within the 1,000-acre project area. The site is characterized by low lying wet meadow and agricultural fields used for grazing. Beer Creek, the major drainage collector for this area, flows through the project site.

    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.

The applicant has proposed 5 alternatives, including a no action alternative, as shown on the attached Alternatives A, B, C and D: Salem Parkway Alignment drawing (enclosure 4). The impacts to waters of the United States for these alternatives are outlined in the table below.





Wetland Type

Wetland Impacts (Acres)

Alternative A

Alternative B

Alternative C

Alternative D

No Action

Emergent Marsh

3.13 ac

0.57 ac

3.58 ac

3.63 ac


Wet Meadow

3.86 ac

6.38 ac

9.33 ac

12.66 ac



0.54 ac





Ditch/ Stream

15,455 lf

1,727 lf

1,962 lf

1,867 lf



7.53 ac

15,455 lf

6.95 ac

1,727 lf

12.91 ac

1,962 lf

16.29 ac

1,867 lf



     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 an onsite wetland preserve area, including 7 acres of created wetland and preservation of 11.61 acres of wet meadow wetland, 0.12 acre of open water and 17.83 acres of emergent marsh wetland.

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 applicant has not indicated they have applied for certification. 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, Utah Division of Water Quality, P.O. Box 144870, Salt Lake City, Utah 84114-4870, or email on or before February 13, 2016.

HISTORIC PROPERTIES: Based on the available information, including applicant's report titled “An Archaeological Resource Investigation of the Salem Parkway Project, Salem City, Utah County, Utah,” 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. However, the project may affect potential suitable habitat for listed species. The Corps will initiate consultation with the U.S. Fish and Wildlife, 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-2009-01357 must be submitted to the office listed below on or before February 15, 2016.

Michael Pectol, Project Manager
US Army Corps of Engineers, Sacramento District
533 West 2600 South, Suite 150
Bountiful, UT 884010


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 x15,

Attachments: 4 drawings