2-2021.02.04-AR-Apprvd JD Verify-201900547.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT

1325 J STREET

SACRAMENTO CA 95814-2922

February 4, 2021

Regulatory Division (SPK-2019-00547)

Summit County Engineering Attn: Mr. Brandon Brady Post Office Box 128 Coalville, Utah 84017 bbrady@summitcounty.org

Dear Mr. Brady:

We are responding to your September 30, 2020 request for an approved jurisdictional determination for the Hallam Road Extension site. The approximately 91.8-acre project site is located near 1300 West SR-248, between SR-248 and Lambert Lane, Latitude 40.6328°, Longitude -111.3023°, Kamas, Summit County, Utah (enclosure 1).

Based on available information, we concur with your aquatic resources delineation for the site as depicted on the enclosed October 8, 2019 “Wetland Map- Summit County Road Corridor” drawings, prepared by Wise Earth Concepts, Inc. (enclosure 2). Approximately 5.34 acres of wet meadow wetland and 4,248 linear feet of irrigation ditch/canal are present within the survey area. This letter verifies that the location and boundaries of wetlands were delineated consistent with the wetland definition at 33 CFR §328.3(c)(16), the 1987 Corps of Engineers Wetlands Delineation Manual (Wetlands Research Program Technical Report Y-87-1) and the applicable regional supplements, and the location and boundaries of non-tidal waters conform with the ordinary high water mark definition at 33 CFR §328.3(c)(7), Regulatory Guidance Letter 05-05, and any applicable regional guide.

Of these aquatic resources, we have determined that those features identified as

Wetlands A, B, C, D, H, J, and K, totaling 4.48 acres, and features identified as Ditch L and Canal M, totaling 1,792 linear feet, are waters of the United States pursuant to 33 CFR Part 328 and are regulated under Section 404 of the Clean Water Act.

We have also determined that those features identified as Wetlands E, F, G, and I, totaling 0.98 acre, and features identified as Ditches N, O, P, and Q, totaling 2,456 linear feet, are not waters of the U.S. regulated under Section 404 of the Clean Water Act or under Section 10 of the Rivers and Harbors Act.

We are enclosing a copy of the Approved Jurisdictional Determination Form for your site

(enclosure 3). This approved jurisdictional determination is valid for five years from the date of this letter unless new information warrants revision of the determination before the expiration date. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 Code of Federal Regulations (CFR) Part 331. A Notification of Appeal Process (NAP) and Request for Appeal (RFA) Form is enclosed (enclosure 4).

mailto:bbrady@summitcounty.org

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If you request to appeal this determination, you must submit a completed RFA form to the South Pacific Division Office at the following address: Administrative Appeal Review Officer, Army Corps of Engineers, South Pacific Division, CESPD-PDO, 1455 Market Street, 2052B, San Francisco, California 94103-1399, Telephone: 415-503-6574, FAX: 415-503-6646.

In order for an RFA to be accepted by the Corps, we must determine that the form is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that the form was received by the Division Office within 60 days of the date of the NAP. It is not necessary to submit an RFA form to the Division Office unless you object to the determination in this letter.

We recommend that you provide a copy of this letter and notice to all other affected parties, including any individual who has an identifiable and substantial legal interest in the property.

The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.

We appreciate feedback, especially about interaction with our staff and our processes.

For program information or to complete our Customer Survey, visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx.

Please refer to identification number SPK-2019-00547 in any correspondence concerning this project. If you have any questions, please contact Michael Pectol at the Bountiful Regulatory Office, 533 West 2600 South, Suite 150, Bountiful, Utah 84010, by email at Michael.A.Pectol@usace.army.mil, or telephone at (801) 295-8380 ext. 8315.

Sincerely, Jason Gipson Chief, Nevada-Utah Section Regulatory Division

Enclosures cc:

Harriet Natter, Wise Earth Concepts (wiseearth@msn.com) http://www.spk.usace.army.mil/Missions/Regulatory.aspx/ mailto:Michael.A.Pectol@usace.army.mil mailto:wiseearth@msn.com