DWQ-2024-004881

Section 401 Water Quality Certification No. DWQ-2024-03001
Project Proponents:Jeremy LapinSaratoga Springs City213 North 900 EastSaratoga Springs, UT 84045
Project:Saratoga Springs City (Project Proponent) is proposing to expand and improve the  North Marina. The North Marina Harbor Improvement Project (Proposed Project) consists of constructing
a boat ramp, beach area, jetty, parking lot, connecting trails, a lawn area, and restrooms. The total Proposed Project area is 29 acres. The Project aims to provide additional space
for visitors to the existing North Marina. Due to the limited space at North Marina, many recreationalists are being turned away, and congested boat traffic is causing safety concerns.
The new facilities will provide ample space for recreational experiences and create a barrier between motorized and non-motorized vehicles, improving safety. The Proposed Project will
impact 0.49 acres of wetlands and 1.81 acres of open water, totaling 2.30 acres of permanent WOTUS impacts. The Project Proponent evaluated alternatives for the Proposed Project. The
Marina location and design were selected to meet the Proposed Project needs and minimize the impact on aquatic resources. Best Management Practices (BMPs) will be utilized to reduce
erosion and sedimentation during the Project. Low Impact Development (LID) drainage features will be installed at the Marina to reduce impacts on Utah Lake. The Project Proponent asserts
that operational and design features have been selected to prevent water quality degradation while North Marina is in use. The Project Proponent is still working with the United States
Army Corp of Engineers (USACE) to finalize the mitigation plans for the WOTUS impacts of the  Proposed Project.
Location:The Project site is located in Saratoga Springs, Utah County, Utah, Latitude 40.360562, Longitude -111.884640.
Watercourse(s):Utah Lake
USACE Section 404: SPK-2022-00476
Effective Date:Month, Day, Year
Table of Contents
Definitions
Beneficial Use Classes are how waters of the state are grouped and classified to protect against controllable pollution the beneficial uses designated within each class. UAC R317-2-6.
Category 1 Watersare “Waters which have been determined by the Board to be of exceptional recreational or ecological significance or have been determined to be a State or National resource
requiring protection, shall be maintained at existing high quality through designation, by the Board after public hearing, as Category 1 Waters.” UAC R317-2-3.2
Category 2 Waters “are designated surface water segments which are treated as Category 1 Waters except that a point source discharge may be permitted provided that the discharge does
not degrade existing water quality.”  UAC R317-2-3.3
Designated Beneficial Uses means a water’s present most reasonable uses, grouped by use classes to protect the uses against controllable pollution. Beneficial uses designated within
each class are described in Utah Administrative Code (UAC) R317-2-6 and waterbodies beneficial uses can be found in UAC R317-2-13.
Existing Uses “means those uses actually attained in a water body on or after November 28, 1975, whether or not they are included in the water quality standards.” UAC R317-1-1.” If a
situation is found where there is an existing use which is a higher use (i.e., more stringent protection requirements) than that current designated use, the Director will apply the water
quality standards and anti-degradation policy to protect the existing use.” UAC R317-2-3.
Level I Antidegradation Review (ADR):“is conducted to insure thatexisting uses will be maintained and protected.” UAC R317-2-3.5
Level II Antidegradation Review (ADR) is conducted to insure that water quality degradation is necessary and that the proposed activity is documented to be both economically and socially
important. Level II ADRs are required for any activity that’s impacts are not considered temporary and limited and is likely to result in degradation of water quality.
Project Proponent“means the applicant for license or permit or entity seeking certification.” 40 CFR §121.1.
Protection Category: “Utah’s surface waters are assigned to one of three protection categories that are determined by their existing biological, chemical and physical integrity, and
by the interest of stakeholders in protecting current conditions.” Utah Antidegradation Review Implementation Guidance (V 2.1)
Total Maximum Daily Load (TMDL)“means the maximum amount of a particular pollutant that a waterbody can receive and still meet state water quality standards, and an allocation of that
amount to the pollutant's sources.” UAC R317-1-1
Waters of the United States (WOTUS) means waterbodies subject to the provisions of the Clean Water Act.  
303(d) listis a state’s list of impaired and threatened waters, including but not limited to; streams, lakes, and reservoirs adopted to implement the Clean Water Act Section 303(d).
Acronyms
AU – Assessment Unit
BMPs – Best Management Practices
CFR – Code of Federal Regulations
CWA – Clean Water Act
DEQ – Utah Department of Environmental Quality
DWQ – Utah Division of Water Quality
EIS – Environmental Impact Statement
EPA – Environmental Protection Agency
mg/L – milligrams per liter
MS4 – Municipal Separate Storm Sewer System
NEPA – National Environmental Policy Act
NOI – Notice of Intent
NTU – Nephelometric Turbidity Units
PEM – palustrine emergent
SWPPP – stormwater pollution prevention plan
TMDL – Total Maximum Daily Load
TSS – total suspended solids
UAC – Utah Administrative Code
UPDES – Utah Pollutant Discharge Elimination System
USACE – U.S. Army Corps of Engineers
WQC – Water Quality Certification

WQS – Utah Water Quality Standards
WOTUS – Waters of the United States
Executive Summary
Pursuant to Section 401 of the CWA 33 U.S.C. Section 1251 et seq., the DWQ grants Water Quality Certification (Certification) to Saratoga Springs Cityfor the proposed Saratoga Springs
North Marina and Harbor (Proposed
Project) in Saratoga Springs City, Utah County, Utah. Certification is subject to the conditions outlined in this document and adherence to any U.S. Army Corps of Engineers (USACE) Section
404 Permit Conditions. The conditions outlined in this Certification are necessary to assure compliance with effluent limitations, monitoring requirements, and/or other applicable laws
and regulations adopted for state primacy of the CWA.
DWQ’s conditions are based on and are necessary to comply with applicable state rules. Specifically, the following Utah rules represent overarching considerations that require the conditions
outlined by this document to apply to the USACE Section 404 Permit: Utah’s rules promulgating standards of quality for waters of the State affirm “it shall be unlawful and a violation
of these rules for any person to discharge or place any wastes or other substances in such manner as may interfere with designated uses protected by assigned classes or to cause any
of the applicable standards to be violated” UAC R317-2-7.1.a. Additionally, “all actions to control waste discharges under these rules shall be modified as necessary to protect downstream
designated uses” UAC R317-2-8. As stated in UAC R317-15-6.1 the Director will ordinarily consider whether the proposed discharge “impairs the designated beneficial use classifications
(e.g., aquatic life, drinking water, recreation) in Section R317-2-6” UAC R317-15-6.1.A.1., “exceeds water quality criteria, either narrative or numeric, in Section R317-2-7” UAC R317-15-6.1A.2.
or “fails to meet the antidegradation (ADR) requirements of Section R317-2-7” UAC R317-15-6.1.A.3.
On February 28, 2024 DWQ attended a prefiling meeting with the Project Proponent to review theProject. Kaitlyn Lichosik with Consor Engineering on March 5, 2024 submitted a 401 Certification
application to DWQ for the Project. On May 29, 2024, DWQ received an updated 404 application for the Project. Hollis Jencks with the U.S Army Corp of Engineers (USACE) and DWQ established
a reasonable period of time of six months. DWQ has until September 3, 2024 to issue, waive or deny a certification decision.
Background
The Project Proponent proposes to expand the existing North Marina Harbor. The Proposed Project is on approximately 29 acres of land at the north end of Utah Lake in Saratoga Springs
City, Utah County, Utah. The North Marina Harbor Improvement Plan (Proposed Project) consists of constructing a boat ramp, beach area, a new jetty, parking lot, connecting trails, a
lawn area, and restrooms. As part of the Proposed Project, a new entryway and toll booth will be constructed to access the Harbor. The Project Proponent stated that the Project's purpose
is to satisfy the growing demand for water recreation opportunities on Utah Lake. The Proposed Project will reduce congestion at the existing marinas and enhance safety. The Project
Proponent indicated that local marinas on Utah Lake have become overwhelmed by the number of visitors, resulting in the marina turning visitors away due to a lack of infrastructure.
The Proposed Project will increase the marina's amenities, facilities, and infrastructure, resulting in a safer, more enjoyable experience for all users. The Project Proponent indicates
that the proposed beach area will create a separate beach space for swimmers and on-land recreationalists from boat traffic. The proposed new Jetty will separate motorized and non-motorized
boat types to increase safety.
The Project Proponent proposes to fill 0.49 acres of wetlands with 18,790 CY to construct the entryway, access road, parking lot, and Low Impact Drainage (LID) features. Approximately
1.32 open water will be permanently impacted by placing 6,835 CY of structural rock to construct a 12-foot-wide by 535-foot-long Jetty with 1.25-foot shoulders for a trail on top. Construction
of the beach, boat ramp, and additional trails will permanently impact 0.49 acres of open water. A total of 2.30 acres of permanent WOTUS impacts are proposed for the Proposed Project.
The construction of the Jetty was designed to have the least impact on water quality. The riprap for the Jetty will be made of limestone, which will not degrade or impact water quality.
Sediment curtains will be installed and utilized to catch debris, prevent erosion, and reduce turbidity caused by the lake bottom disruption during the construction of the Jetty. Silt
fencing will be installed around the Project area before construction. Any excavated materials will be appropriately disposed of offsite. Best Management Practices (BMPs) will be utilized
to reduce any sedimentation and erosion entering Utah Lake. The Proposed Project has been designed to minimize the impact on WOTUS during the construction and operations of the Proposed
Project. Project Propoenet will use Low Impact Design (LID) drainage features, an existing hydrodynamic separator, and bio-retention facilities to protect Utah Lake's water quality after
construction. Bathrooms have been placed 200 feet away from the Lake to reduce the risk of E.coli contamination. All the impacted areas post-construction will be revegetated with native
seed mixes to stabilize the site and eliminate erosion from the construction. A 15" storm drain pipe will be installed to run underneath the entryway of the Proposed Project to maintain
hydrologic connectivity of the wetlands that the entryway bisects.
Alternative project locations were considered for the Proposed Project, but due to the existing access to Utah Lake, existing roadways, and utilities associated with North Marina, the
Project Proponent determined the location best suited for the Proposed Project. The Project Proponent is drafting a mitigation plan to compensate for the impacts on Utah Lake. The proposed
mitigation plan includes re-establishment and rehabilitation along the western shore of Utah Lake and other sites that the Project Proponent has established for previous projects. Previously,
the USACE approved a mitigation ratio of 5:1 for rehabilitation and 3:4:1 for re-establishment. The mitigation plan for the proposed Project will use the previously approved ratios.
The Project Proponent is still working with USACE to draft the mitigation plan for the Proposed Project Impacts.
Aquatic Resource Impacts
All Waters of the State of Utah (defined in UAC R317-1-1) are protected from pollutant discharges that affect water quality by narrative standards (see UAC R317-2-7.2); broadly, discharges
should not become offensive or cause undesirable conditions in human health effects or aquatic life. In addition, some particularly sensitive classes of water are further protected from
deleterious effects of specific pollutants by application of numeric criteria to designated beneficial uses of that waterbody. Listed below are the water features, grouped by AUs, impacted
by the Project, their associated designated beneficial uses (see UAC R317-2-6 and UAC R317-2-13) and any impairments:
Beneficial Use Designations
Class 2A: Protected for frequent primary contact recreation where there is a likelihood of ingestion of water or high degree of bodily contact with the water. Examples include, but are
not limited to, swimming, rafting, kayaking, diving, and water skiing.
Class 3B: Protected for warm water species of game fish and other warm water aquatic life, including the necessary aquatic organisms in their food chain.
Class 3D: Protected for waterfowl, shore birds and other water-oriented wildlife not included in Classes 3A, 3B, or 3C, including the necessary aquatic organisms in their food chain.
Class 4: Protected for agricultural uses including irrigation of crops and stock watering.
Impairments and Total Maximum Daily Loads (TMDLs)
Results from the current water quality assessment, as documented in Utah’s Final 2024 Integrated Report [], indicated that the water quality of Utah Lake is considered impaired (Assessment
Category 5). Utah Lake is impaired for E. coli, Harmful Algal Blooms, Eutrophication, PCBs in Fish Tissue, and Total Dissolved Solids (TDS) These impairments impact beneficial use class
2A (Frequent Primary Contact Recreation), 3B (Warm Water Fishery/Aquatic Life), and 4 (Agricultural Uses). The CWA directs states to prepare a plan to restore water quality to impaired
waters, otherwise known as a TMDL study. A TMDL is required for each parameter and water body to define pollutant reduction requirements necessary for the water body to meet water quality
standards. At this time Utah Lake does not have an approved TMDL.

Antidegradation Review Utah Lakeis considered Category 3 waters for antidegradation purposes. Category 3 waters in Utah are waters where“point source discharges are allowed and degradation
may occur, pursuant to the conditions and review procedures outlined in Section 3.5”, as described in UAC R317-2-3.4. The antidegradation policy allows for discharges where the water
quality effects of the proposed Project are determined to be temporary and limited after consideration of the factors identified in UAC R317-2-3.5.b.4., and where best management practices
(BMPs) would be employed to minimize pollution effects.
PEM Wetlands located within the Utah Lake – Lower Provo River Watershed []
Beneficial Use Designations
In UAC R317-2-13, all waters not specifically classified are presumptively classified 2B and 3D.
Class 2B: Protected for infrequent primary contact recreation. Also protected for secondary contact recreation where there is a low likelihood of ingestion of water or a low degree of
bodily contact with the water. Examples include, but are not limited to, wading, hunting, and fishing.
Class 3D: Protected for waterfowl, shore birds and other water-oriented wildlife not included in Classes 3A, 3B, or 3C including the necessary aquatic organisms in their food chain.
Impairments and TMDLs: N/A
Antidegradation Review The PEM wetlands are considered a Category 3 water for antidegradation purposes. Category 3 waters in Utah are waters where“point source discharges are allowed
and degradation may occur, pursuant to the conditions and review procedures outlined in Section 3.5”, as described in UAC R317-2-3.4. The antidegradation policy allows for discharges
where the water quality effects of the proposed Project are determined to be temporary and limited after consideration of the factors identified in UAC R317-2-3.5.b.4., and where BMPs
would be employed to minimize pollution effects.
Certification Conditions
All activities with a potential discharge to WOTUS must implement and maintain BMPs to fully protect the waterbodies assigned beneficial use(s).
All activities shall not cause further degradation of impaired waterbodies, as defined in DWQ’s most recent 303(d) list, regardless of whether a TMDL has been completed. The Project
Proponent must review impairments on the waterbodies where the Project has the potential to discharge and is responsible for ensuring that water quality standards are not exceeded and
designated beneficial uses are not impaired
Hazardous and otherwise deleterious materials (e.g. oil, gasoline, chemicals, trash, sawdust, sediment etc.) shall not be stored, disposed of, or accumulated or conveyed through adjacent
to or in immediate vicinity WOTUS unless adequate measures and controls are provided to ensure those materials would not enter WOTUS in the State of Utah. Any spill or discharge of oil
or other substance which may cause pollution to WOTUS in the State of Utah, including wetlands, must be immediately reported to the Utah DEQ Hotline at [phone], a 24-hour phone
number.
All activities conducted in WOTUS in the State of Utah shall be conducted in the “dry” to the maximum extent practicable, by diverting flow utilizing cofferdams, berms constructed of
sandbags, clean rock (containing no fine sediment) or other non-erodible, non-toxic material. All diversion materials shall be removed at the completion of the work. The Project Proponent
shall consider conducting instream work during low flow conditions and work shall not be conducted during spawning season. Additionally, construction machinery shall not be operated
within WOTUS in the State of Utah unless it is unavoidable, in which case it shall be conducted in the “dry” as stated above. The work shall be conducted in a manner to minimize the
duration of the disturbance, turbidity increases, substrate disturbance, and minimize the removal of riparian vegetation. Construction machinery shall be clean to prevent the transfer
of aquatic invasive species.
Project activities shall not increase water turbidity by more than 10 Nephelometric Turbidity Units (NTUs) in waterbodies classified as beneficial use class 2A for recreation and 3B
for warm water aquatic life. Project activities shall not cause an increase in water turbidity by more than 15 NTUS in waterbodies classified as beneficial use class 3D. Project Proponents
must continuously monitor turbidity during instream construction to ensure turbidity increases are within the limits listed above. The Project Proponents must provide monthly reports
to DWQ during instream construction in waterbodies with class 2A, 3B, and 3D beneficial use designations that include at a minimum: baseline (reference) turbidity measurements in each
waterbody where instream construction is occurring.
Construction activities that disturb either greater than one acre of land, or less than one acre of land and is part of a larger common plan of development that would disturb greater
than one acre, are required to obtain coverage under the Utah Pollutant Discharge Elimination System (UPDES) Storm Water General Permit for Construction Activities (Permit No. UTRC00000[]).
The permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) to be implemented and updated from the commencement of any soil disturbing activities at the site,
until final stabilization of the project. The SWPPP should include, but not be limited to, final site maps and legible plans, location of storm water outfalls/discharges, and information
pertaining to any storm water retention requirements.
Dewatering activities, if necessary during construction, may require coverage under the UPDES General Permit for Construction Dewatering (Permit No. UTG070000[]) applies to the construction
dewatering of uncontaminated groundwater or surface water sources due to construction activities; hydrostatic testing of pipelines or other fluids vessels; water used in disinfection
of drinking water vessels; and other similar discharges in the State of Utah that have no discharge of process wastewater. The permit requires submission of a Notice of Intent (NOI);
maintenance of a discharge log; development and implementation of a dewatering control plan; and monitoring for Flow, Oil & Grease, pH, Total Suspended Solids (TSS), and Chlorine (required
when chlorinated water is used and discharged to a stream with a chlorine standard). Discharge Monitoring Reports (DMRs) are required to be submitted monthly, regardless of whether a
site discharges in a particular month.
Condition Justification and Citation
Implementation of BMPs. Project approval is conditioned on implementation of BMPs, which are required to be implemented by the antidegradation policy in UAC R317-2-3, water quality standards
may be violated unless appropriate BMPs are incorporated to minimize the erosion-sediment and nutrient load. Violations of water quality standards could cause a waterbody to fail to
meet its designated beneficial uses. As required by Utah’s antidegradation policy UAC R317-2-3.1 “Existing instream water uses shall be maintained and protected. No water quality degradation
is allowable which would interfere with or become injurious to existing instream water uses.” As stated in UAC R317-15-6.1 the Director will ordinarily consider whether the proposed
discharge “impairs the designated beneficial use classifications (e.g., aquatic life, drinking water, recreation) in Section R317-2-6” UAC R317-15-6.1.A.1., “exceeds water quality criteria,
either narrative or numeric, in Section R317-2-7” UAC R317-15-6.1A.2. or “fails to meet the antidegradation (ADR) requirements of Section R317-2-7” UAC R317-15-6.1.A.3 when making a
Certification decision. If appropriate BMPs are incorporated, there is assurance that the Project will not violate water quality standards or impair a waterbody’s beneficial use.
Citation(s): UAC R317-2-3.1, UAC R317-15-6.1, UAC R317-15-6.1.A.1., UAC R317-15-6.1.A.2., UAC R317-15-6.1.A.3.
Protection of Impaired Waterbodies. Waters that are impaired and conjunctively on Utah’s most up to date 303(d) list are not currently meeting their designated beneficial uses. According
to Utah’s Final 2016 Integrated Report[] the waters identified as impaired are not meeting their designated beneficial uses because “the concentration of the pollutant- or several pollutants-
exceeds numeric water quality criteria, or quantitative biological assessments indicate that the biological designated uses are not supported (Narrative water quality standards are violated).”
Utah’s antidegradation policy states “existing instream water uses shall be maintained and protected. No water quality degradation is allowable which would interfere with or become injurious
to existing instream water uses.” UAC R317-2-3.1. In order to ensure that proposed Project meets Utah’s antidegradation policy and that discharges do not further degrade water quality

the Project Proponent needs to be aware of the waterbodies assessment, more specifically if the waterbody is impaired and listed on Utah’s most current 303(d) list. If the potential
discharge contains pollutants/parameters that the waterbody is listed as impaired for, the Project Proponent needs to take extra precautions to minimize and prevent discharges that could
further degrade the waterbodies and prevent the waterbodies from meeting its beneficial and existing uses. Typical pollutants associated with USACE Section 404 permits (e.g. sediment),
especially when a waterbody proposed for discharge is impaired, could cause applicable water quality standards to be violated, if appropriate measures are taken. As stated in UAC R317-15-6.1
the Director will ordinarily consider whether the proposed discharge “impairs the designated beneficial use classifications (e.g., aquatic life, drinking water, recreation) in Section
R317-2-6” UAC R317-15-6.1.A.1., “exceeds water quality criteria, either narrative or numeric, in Section R317-2-7” UAC R317-15-6.1A.2. or “fails to meet the antidegradation (ADR) requirements
of Section R317-2-7” UAC R317-15-6.1.A.3. when making a Certification decision.
Citation(s): UAC R317-2-3.1, UAC R317-2.1.A, UAC R317-15-6.1, UAC R317-15-6.1.A.1., UAC R317-15-6.1.A.2., UAC R317-15-6.1.A.3.
Proper Storage of Hazardous and Otherwise Deleterious Materials. Project approval is conditioned on proper storage of hazardous and otherwise deleterious materials, and notification
of any discharge of those materials, to assure that water quality and narrative standards are not violated. When projects are occurring in or around waterbodies, there is a chance for
pollutants to inadvertently be spilled/discharged into waterbodies due to increased risk from project related activities (e.g. presence of machinery, onsite chemical and gas storage,
improper waste storage, and failure to use proper BMPs). To prevent or reduce the possibility that hazardous and otherwise deleterious materials are inadvertently discharged into a waterbody,
Project Proponents must not store, dispose of, or accumulated such materials adjacent to or in immediate vicinity of WOTUS unless adequate measures and controls are provided to ensure
those materials would not enter waters of the State. If there is a discharge to WOTUS in the State of Utah, it must be immediately reported to the DEQ, as stated in Utah Code Section
19-5-114. An inadvertent discharge of pollutants can cause violations with Utah’s Narrative Standards, which states “It shall be unlawful, and a violation of these rules, for any person
to discharge or place any waste or other substance in such a way as will be or may become offensive such as unnatural deposits, floating debris, oil, scum or other nuisances such as
color, odor or taste; or cause conditions which produce undesirable aquatic life or which produce objectionable tastes in edible aquatic organisms; or result in concentrations or combinations
of substances which produce undesirable physiological responses in desirable resident fish, or other desirable aquatic life, or undesirable human health effects, as determined by bioassay
or other tests performed in accordance with standard procedures; or determined by biological assessments in Subsection R317-2-7.3” UAC R317-3-7.2. Utah’s rules promulgating standards
of quality for waters of the State affirm “it shall be unlawful and a violation of these rules for any person to discharge or place any wastes or other substances in such manner as may
interfere with designated uses protected by assigned classes or to cause any of the applicable standards to be violated” UAC R317-2-7.1.a. Discharges of pollutants, even inadvertently,
could cause both a violation of applicable water quality standards and possibly interfere with a waterbodies designated uses.
Citation(s): Utah Code § 19-5-114, UAC R317-3-7.2, UAC R317-2-7.1.A, UAC R317-15-6.1., UAC R317-15-6.1.A.1., UAC R317-15-6.1A.2.
Dry Conditions to the Maximum Extent Practicable. Project approval is conditioned on conducting activities under dry conditions to the maximum extent practicable to assure that water
quality standards are not exceeded. Construction machinery used within a waterbody can cause significant impacts to water quality if adequate precautions are not taken. When it is unavoidable
to operate construction machinery within the waterbody the Project Proponent should focus on minimizing the duration of the disturbance, turbidity increase, substrate disturbance, removal
of riparian vegetation, and work shall be conducted in the “dry” to the maximum extent practicable. Minimizing the duration of impact reduces the chance that the impacts will accumulate
and cause significant impacts to water quality. Minimizing turbidity increases is important because the State of Utah has numeric water quality criteria for turbidity in certain use
designations, which could be violated if the Project Proponent does not take proper steps to minimize the increases. Water quality criteria for turbidity will be violated if there is
an increase of 10 NTUs in waterbodies with designated uses related to recreation and if there is an increase of 10 NTUs (class 3A and 3B) or 15 NTUs (class 3C and 3D) in waterbodies
with aquatic wildlife designated uses. UAC R317-2-14.1 and UAC R317-2-14.2. Conducting work in the “dry” to the maximum extent practicable will help reduce the risk of the numeric criteria
for turbidity to be exceeded, as well as reduce the risk of a significant sediment load being transported downstream. Discharges of sediment can not only violate numeric criteria, but
also, risk violating Utah’s narrative standard “It shall be unlawful, and a violation of these rules, for any person to discharge or place any waste or other substance in such a way
as will be or may become offensive such as unnatural deposits, floating debris, oil, scum or other nuisances such as color, odor or taste; or cause conditions which produce undesirable
aquatic life or which produce objectionable tastes in edible aquatic organisms; or result in concentrations or combinations of substances which produce undesirable physiological responses
in desirable resident fish, or other desirable aquatic life, or undesirable human health effects, as determined by bioassay or other tests performed in accordance with standard procedures;
or determined by biological assessments in Subsection R317-2-7.3.” UAC R317-2-7.2. Violations of numeric and narrative criteria could cause a waterbody not to meet its designated beneficial
use and a transport of sediment downstream could prevent a downstream waterbody from meeting its designated beneficial uses. As required by Utah’s antidegradation policy UAC R317-2-3.1
“Existing instream water uses shall be maintained and protected. No water quality degradation is allowable which would interfere with or become injurious to existing instream water uses”.
Additionally, “All actions to control waste discharges under these rules shall be modified as necessary to protect downstream designated uses” UAC R317-2-8. As stated in UAC R317-15-6.1
the Director will ordinarily consider whether the proposed discharge “impairs the designated beneficial use classifications (e.g., aquatic life, drinking water, recreation) in Section
R317-2-6” UAC R317-15-6.1.A.1., “exceeds water quality criteria, either narrative or numeric, in Section R317-2-7” UAC R317-15-6.1A.2. or “fails to meet the antidegradation (ADR) requirements
of Section R317-2-7” UAC R317-15-6.1.A.3 when making a certification decision.
Citation(s): UAC R317-2-3.5., UAC R317-2-7.1.A., UAC R317-2-14.1, UAC R317-2-14.2., UAC R317-2-7.1.a., UAC R317-2-7.2., UAC R317-2-3.1, UAC R317-2-8. , UAC R317-15-6.1, UAC R317-15-6.1.A.1,
UAC R317-15-6.1A.2., UAC R317-15-6.1.A.3.
Turbidity Increases and Instream Construction Monitoring. Beneficial uses associated with recreation and aquatic life have been assigned numeric criteria for turbidity. An increase of
more than 10 NTUs in class 2B and 3A waterbodies above the turbidity of that waterbody would be a violation of instream criteria for waterbodies that have recreation or aquatic life
uses. Similarly, an increase of more than 15 NTUs in class 3D waterbodies above the turbidity of that waterbody would be a violation of instream criteria for waterbodies that have aquatic
life uses. UAC R317-2-14.1 and UAC R317-2-14.2. Therefore, turbidity increases above those allowed by this Certification could cause the waterbody to fail to meet its designated beneficial
use classes. Turbidity monitoring during instream construction in waterbodies with class 2B, 3A and 3D beneficial uses designations will ensure turbidity increases do not violate Utah’s
water quality standards. Utah’s antidegradation policy states “existing instream water uses shall be maintained and protected. No water quality degradation is allowable which would interfere
with or become injurious to existing instream water uses” UAC R317-2-3.1. Failure to minimize turbidity increases that result in the failure to maintain beneficial use class 2B or 3A
would be considered a violation of Utah’s rules and promulgated standards of quality for waters of the State, specifically Utah’s antidegradation policy found at UAC R317-2-3. The Director
will ordinarily consider whether the proposed discharge “impairs the designated beneficial use classifications (e.g., aquatic life, drinking water, recreation) in Section R317-2-6” UAC
R317-15-6.1.A.1., “exceeds water quality criteria, either narrative or numeric, in Section R317-2-7” UAC R317-15-6.1A.2. or “fails to meet the antidegradation (ADR) requirements of Section
R317-2-7” UAC R317-15-6.1.A.3 when making a certification decision.
Citations: UAC R317-2-3.1, UAC R317-2-3, UAC R317-2-14.1, UAC R317-2-14.2 R317-15-6.1, UAC R317-15-6.1.A.1, UAC R317-15-6.1A.2., UAC R317-15-6.1.A.3.
UPDES Storm Water General Permit for Construction Activities (Permit No. UTRC00000). UAC R317-8-2.5, gives the Director authority to issue general permits to cover specific categories
of discharges, including storm water and construction dewatering that is discharged to a surface water. According to UAC R317-8-3.9 (6)(d), construction activities that result in a land
disturbance of equal to or greater than one acre, including clearing, grading, and excavation are “industrial activities” under UAC R317-8-3.9(1)(a) and are therefore required to obtain

and comply with a UPDES Permit for storm water discharges. This only applies to projects that meet or exceed one acre of disturbance.
Citation(s): UAC R317-8-3.9(6)(d) and UAC R317-8-3.9(1)(a)
UPDES General Permit for Construction Dewatering (Permit No. UTG070000).UAC R317-8-2.5, gives the Director authority to issue general permits to cover specific categories of discharges,
including storm water and construction dewatering that is discharged to a surface water. Under the authority granted by UAC R317-8-2.5, the Director issued the General Permit for Construction
Dewatering and Hydrostatic Testing, UPDES Permit No. UTG070000 renewed and effective as of February 1, 2020. UPDES Permit No. UTG070000 applies to construction dewatering of uncontaminated
groundwater or surface water sources due to construction activities, hydrostatic testing of pipelines or other fluids vessels, water used in disinfection of drinking water vessels and
other similar discharges in the State of Utah that have no discharge of process wastewater. This only applies to projects that require dewatering and discharge to surface water.
Citation(s): UAC R317-8-2.5Disclaimers
Fees
The legislatively-mandated fee for the 2024 fiscal year is $115.00/hour for review and issuance of the Section 401 Water Quality Certification. A quarterly invoice will be sent and your
payment is due within 30 days.
Disclaimers
The Project Proponent must acquire all necessary easements, access authorizations and permits to ensure they are able to implement the Project. This Section 401 Certification does not
convey any property rights or exclusive privileges, nor does it authorize access or injury to private property.
This Section 401 Certification does not preclude the Project Proponent’s responsibility of complying with all applicable Federal, State or local laws, regulations or ordinances, including
water quality standards. Permit coverage does not release the project proponent from any liability or penalty, should violations to the permit terms and conditions or Federal or State
Laws occur.
A Project within a Municipal Separate Storm Sewer System (MS4) jurisdiction, must comply with all the conditions required in that UPDES MS4 Permit and associated ordinances. No condition
of this Section 401 Certification shall reduce or minimize any requirements provided in the MS4 Permit. In the case of conflicting requirements, the most stringent criteria shall apply.
Public Notice and Comments
As in UAC R317-15-5., this Certification decision is subject to a 30 public notice period. After considering public comment, the Director may execute the Certification issuance, revise
it, or abandon it.
Public Notice Dates:
Public Notice Comments/Response:
During finalization of the Certification certain dates, spelling edits, and minor language or formatting corrections may have been completed. Due to the nature of these changes they
were not considered major and the Certification will not be Public Noticed again.
Water Quality Certification
The Utah DWQ certifies that if the Project Proponents adhere to the conditions outlined in this Certification and adheres to any USACE Section 404 Permit Conditions, then the Project
will comply with water quality requirements and applicable provisions of the CWA sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality
Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards).
_______________________________________ __________________________
John K. Mackey P.E., DirectorDate
DWQ-2024