Attachment 5-Dept of Army Verification-2021.07.16-NWP-Verify-202100364.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT

1325 J STREET

SACRAMENTO CA 95814-2922

July 16, 2021

Regulatory Division (SPK-2021-00364)

Uinta-Wasatch-Cache National Forest Attn: Ms. Bekee Hotze 6944 South 3000 East Salt Lake City, Utah 84121 rebecca.hotze@usda.gov

Dear Ms. Hotze

We are responding to your April 29, 2021 pre-construction notification for a Department of the Army (DA) permit for the Silver Lake Boardwalk project. The approximately 25-acre project site is located at approximately 8045 South Brighton Loop Road, Latitude 40.603996°, Longitude -111.585450°, Big Cottonwood Canyon, Salt Lake County, Utah (enclosure 1).

Based on the information you provided to this office, the project involves the discharge of dredged and/or fill material into waters of the United States, subject to Section 404 of the Clean Water Act. The specific activities that require DA authorization are the replacement of the boardwalk within the general existing footprint at Silver Lake and adjacent wetlands. The width of the new boardwalk will be extended from six to eight feet. Two of the existing fishing piers and over-water platforms will be replaced and an additional pier will be installed. These activities will result in permanent impacts to approximately 160 square feet of Silver Lake and the permanent loss of approximately 411 square feet of wetlands. The proposed activities would be conducted in accordance with the Silver Lake Boardwalk Replacement plans dated September 15, 2015 (enclosure 2).

We have determined that activities in waters of the U.S. associated with the project are authorized by Nationwide Permit Number (NWP) 42 for Recreational Facilities. You must comply with all terms and conditions of the NWP and applicable regional conditions. Enclosed is information about the NWP terms and conditions (enclosure 3) and Sacramento District regional conditions for Utah (enclosure 4). In addition, your work must comply with the following special conditions:

1. You shall comply with all terms and conditions of the December 8, 2020, State of

Utah, Section 401 Water Quality Certification (enclosure 5).

Within 30 days after completion of the authorized work, you must sign the enclosed

Compliance Certification and return it to this office via electronic mail at SPKRegulatoryMailbox@usace.army.mil (enclosure 6).

mailto:rebecca.hotze@usda.gov mailto:SPKRegulatoryMailbox@usace.army.mil

-2-

This verification is valid until March 14, 2026, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date the NWP is modified, reissued, or revoked, you will have 12 months from the date of the modification, reissuance or revocation to complete the activity under the present terms and conditions. Failure to comply with the general and regional conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization.

We would appreciate your feedback on this permit action including your interaction with our staff and processes. For more information about our program or to complete our Regulatory Program national customer service survey, visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx.

Please refer to identification number SPK-2021-00364 in any correspondence concerning this project. If you have any questions, please contact Nicole Fresard at 533 West 2600 South, Suite 150, Bountiful, Utah 84010, by email at Nicole.D.Fresard@usace.army.mil, or telephone at (801) 295-8380 ext. 8321.

Sincerely, Nicole Fresard Senior Project Manager Nevada-Utah Regulatory Section

Enclosures cc: Mr. Charles Condrat, USDA Forest Service (Charles.Condrat@usda.gov) mailto:Nicole.D.Fresard@usace.army.mil mailto:Charles.Condrat@usda.gov