Agenda Items Proposed for Action and Consideration (Pdf)
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Utah Reclamation Mitigation & Conservation Commission COMMISSIONERS 230 South 500 East Suite 230 Salt Lake City, UT 84102-2045 Brad T. Barber, Chair Phone: (801) 524-3146 – Fax: (801) 524-3148 Robert L. Morgan Gene Shawcroft MEETING AGENDA Monday, September 13, 2021 TIME: 9:30 a.m. LOCATION: Utah Reclamation Mitigation and Conservation Commission, 230 S. 500 East Suite 230, Salt Lake City, UT, 84102 Also available online through Microsoft Teams Click here to join the meeting or type the following into your internet browser: https://teams.microsoft.com/l/meetup- join/19%3ameeting_MzAwN2ZmNzEtYzFmMS00Y2EwLTg5ODEtNjk5NTgzNjk1ZDI1%40th read.v2/0?context=%7b%22Tid%22%3a%220693b5ba-4b18-4d7b-9341- f32f400a5494%22%2c%22Oid%22%3a%2209fd8a27-76fc-460d-af33-294b0a20928f%22%7d ITEMS ON THE AGENDA FOR ‘ACTION’ AND FOR ‘CONSIDERATION’ MAY BE ACCESSED ON THE COMMISSION’S WEBSITE by navigating through mitigationcommission.gov/news Or at https://mitigationcommission.gov/news/pdf/AgreementsProposedForAction- Consideration.pdf 1. WELCOME AND OPENING REMARKS 2. APPROVAL OF PREVIOUS MINUTES 3. ITEMS FOR COMMISSION RATIFICATION A. A Resolution concurring in the issuance of the Final Environmental Assessment and Finding of No Significant Impact for ‘Block Notice 7A-2 Temporary Use in North Utah County’ 4. ITEMS FOR COMMISSION ACTION A. Proposed Modification of Agreement with Provo City for Cooperative Planning, Design, Construction and Funding of the Provo Lakeview Parkway and Trail PRDRP B. Proposed Agreement with USDA-Wildlife Services for Funding Wildlife Hazard Mitigation at Provo Airport and Provo River Delta Restoration Project 5. ITEMS FOR COMMISSION CONSIDERATION None 6. PRESENTATIONS BY STAFF A. Diamond Fork System Update Draft Environmental Assessment B. Utah Lake Wetlands Preserve Draft Comprehensive Management Plan and Environmental Assessment 7. COMMENTS FROM THE PUBLIC 8. EXECUTIVE DIRECTOR'S REPORT 9. OTHER BUSINESS 10. DATE OF NEXT COMMISSION MEETING: TBD PROPOSED MODIFICATION OF AGREEMENT FOR COMMISSION ACTION May 20, 2021 AGENDA ITEM NO.: 3A TITLE: Cooperative Planning, Design, and Funding of the Provo River Delta Restoration Project and Provo Lakeview Parkway and Trail Interactions COOPERATORS: Provo City, Department of the Interior-CUPCA Office, Central Utah Water Conservancy District EFFECTIVE DATES: April 1, 2017 through December 31, 2022 CUPCA AUTHORITY: Titles II, III FINANCIAL COMMITMENTS: Current Agreement $ 12,975,000 Proposed Modification $ 0 Total: $ 12,975,000 SCOPE OF WORK: This modification extends the performance period through by one DRAFTyear. PLAN REFERENCE: 2-11 through 2-16 STAFF CONTACT: Melissa Stamp, Project Coordinator SUMMARY: The PRDRP is a required and essential step toward recovery of the June sucker through restoration of the lower Provo River and its interface with Utah Lake. The environmental effects of the PRDRP were analyzed and disclosed in the 2015 Final Environmental Impact Statement and Records of Decision were issued by the Mitigation Commission and the Department, on May 26, 2015. Provo, a Utah municipal corporation, has adopted a Transportation Master Plan (as amended) and prepared construction-ready designs for the Provo Lakeview Parkway and Trail (PLPT) in April 2013. The PRDRP and the PLPT share common areas of impact and plans and designs for the PRDRP require alterations to the design of the PLPT, which will affect Provo’s costs for design and construction. The agreement established and defined a cooperative relationship among the Parties so that implementation of the PRDRP and the PLPT is conducted in a manner that assures adequate and appropriate compensation of the Parties for any added or reduced costs as the Parties may incur as a result of implementing both projects, and to identify the required coordination steps, cooperation needed, and approvals required. Provo City initiated construction of the PLPT in 2019 and is approximately half-complete. The project is expected to be complete by the end of 2022. This modification extends the performance period thorough December 31, 2022 for Provo City to complete the Provo Lakeview Parkway and Trail portion affected by the PRDRP. RECOMMENDATION: The Executive Director recommends approval of this modification. AGREEMENT NO. 17FCUT-2190, MODIFICATION NO. 005 AGREEMENT AMONG PROVO CITY, a UTAH MUNICIPAL CORPORATION UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION THE U.S. DEPARTMENT OF THE INTERIOR – CENTRAL UTAH PROJECT COMPLETION ACT OFFICE CENTRAL UTAH WATER CONSERVANCY DISTRICT 1. AGREEMENT TITLE: Cooperative Planning, Design, Construction, and Funding of the Provo Lakeview Parkway and Trail and the Provo River Delta Restoration Project, Central Utah Project 2. PURPOSE: To extend the performance period for completion of the project. 3. DESCRIPTION OF THE CHANGES: A. Modify ArticleDRAFTIV. TERM OF AGREEMENT as follows: “This Agreement shall be effective from April 1, 2017 and shall remain in force and in effect until December 31, 2021 December 31, 2022, unless sooner terminated.” 4. AGREEMENT PRICE: The AGREEMENT price is unchanged. FUNDING HISTORY TO DATE Instrument Value Reservation Original $ 368,000.00 $ 368,000.00 Modification No. 001 $ 15,000.00 $ 15,000.00 Modification No. 002 $ 82,000.00 $ 82,000.00 Modification No. 003 $ 10,000.00 $ 10,000.00 Modification No. 004 $ 12,500,000.00 $ 12,500,000.00 Modification No. 005 $ 0.00 $ 0.00 TOTAL: $ 12,975,000.00 $ 12,975,000.00 Agreement 17FCUT-2190, Mod. 005 1 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year set forth opposite their signature below. UTAH RECLAMATION MITIGATION APPROVED AS TO LEGAL SUFFICIENCY AND CONSERVATION COMMISSION By _________________________Date________ _________________________Date_______ Brad Barber Office of the Regional Solicitor Chair U.S. DEPARTMENT OF THE INTERIOR By _________________________Date________ Reed R. Murray Program DirectorDRAFT CENTRAL UTAH WATER ATTEST CONSERVANCY DISTRICT By _________________________Date_________ _________________________Date_______ Gene Shawcroft Lisa Anderson General Manger/CEO Assistant to the General Manager PROVO CITY ATTEST By _________________________Date_________ _________________________Date_______ Michelle Kaufusi, Mayor Provo City Recorder Agreement 17FCUT-2190, Mod. 005 2 PROPOSED MODIFICATION OF AGREEMENT FOR COMMISSION ACTION May 20, 2021 AGENDA ITEM NO: 3B TITLE: Study of Sage Grouse in Strawberry Valley COOPERATORS: Brigham Young University EFFECTIVE DATES: July 1, 2019 to June 30, 2024 CUPCA AUTHORITY: Section 315 FINANCIAL COMMITMENTS: Existing Agreement $130,000 Proposed Modification $ 65,000 Total $ 195,000 SCOPE OF ACTION: Study and monitoring to guide management strategies to recover the sage grouse population in and around Strawberry Valley. PLAN REFERENCE: Pages 2-41 to 2-43 DRAFT Richard Mingo, Project Coordinator STAFF CONTACT: SUMMARY: The Strawberry Valley Area Assessment identified Sage grouse in Strawberry Valley as functioning outside of a “properly functioning condition” and a high priority for restoration. There is a clear nexus between the decline of Sage grouse and federal reclamation projects. Approximately seventeen thousand acres of high-quality Sage grouse habitat and four of five display/breeding sites were inundated by the enlargement of Strawberry Reservoir as part of the CUP. Funds will be used to continue to monitor lek attendance, estimate population and map habitat utilization and movement patterns. This effort will include monitoring sage grouse on federal, state, private, and acquired land east of the Wildcat area throughout the year. To successfully monitor grouse, BYU will need the assistance of research technicians and project oversight. BYU continues to provide significant financial support for both graduate and undergraduate students in support of this long-term monitoring effort. RECOMMENDATION: The Executive Director recommends approval of this modification. MODIFICATION NO. 002 AGREEMENT No. 19FC-UT-2330 UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION BRIGHAM YOUNG UNIVERSITY 1. AGREEMENT TITLE: The Study of Sage grouse in Strawberry Valley 2. PURPOSE: Provide additional funding to complete studies for next year to facilitate recovery and protection of sage grouse in Strawberry Valley. 3. DESCRIPTION OF THE CHANGES: A. Modify Article V. SCOPE OF WORK - SPECIFIC OBLIGATIONS OF THE PARTIES as follows: “A. UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION WILL: 1. Reimburse BYU for all allowable and allocable costs to complete the terms of the Scope ofDRAFT Work required in this Agreement up to $65,000.00 $130,000.00 $195,000 (as per Attachment A Attachment B Attachment C). No legal liability on the part of the COMMISSION for any payment may arise from performance under this AGREEMENT until funds are made available for performance.” 4. ADJUSTMENT IN AGREEMENT PRICE: The Agreement price is increased by $65,000.00. FUNDING HISTORY TO DATE: Instrument Value Reservation Original $ 65,000 $ 65,000 Modification No. 001 $ 65,000 $ 65,000 Modification No. 002 $ 65,000 $ 65,000 Total $ 195,000 $ 195,000 IN WITNESS WHEREOF, each party hereto has caused this AGREEMENT to be executed by an authorized official on the day and year set forth opposite their signature below. UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION By: _______________________________________ Date:____________________ Title: Brad T. Barber, Chair BRIGHAM YOUNG UNIVERSITY By: _______________________________________ Date:____________________ Title: Agreement