DDW-2024-010137

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DUCK CREEK WASTEWATER, PHASE 1, PROJECT DESCRIPTION

A. Project Description:
a) The Duck Creek Wastewater Project, Phase 1, represents the first phase of what may become a multi-
phase project intended to address surface and groundwater contamination concerns in the Duck
Creek area of Cedar Mountain, Iron County, Utah.
b) The Phase 1 project accomplishes multiple critical steps in establishing a global wastewater solution
in the Duck Creek area, including:
i) The project will complete transfer of the existing Duck Creek Campground wastewater lagoon
site from the United States Forest Service into the ownership of Kane County Water Conservancy
District; the site will serve as the treatment facility for the Phase 1 project, but will also serve as
the treatment site for potential future phases which may ultimately serve the Duck Creek,
Strawberry Creek, Swains Creek, and Zion View Estates areas which now use onsite septic
systems as the sole wastewater treatment strategy.
ii) The project will establish a heretofore nonexistent wastewater utility in the area which will be
administered by the Kane County Water Conservancy District. Administrative capacity will be
initiated and developed through operation of the Phase 1 project.
iii) The project will establish a “backbone” infrastructure system and a “rate base” which will
develop operational and financial capacity upon which future expansion can be built if necessary.
iv) The project will establish key alignment rights-of-way in the form of Special Use Permits issued
by the Forest Service for the Phase 1 project and future expansions that may be necessary in the
Duck Creek valley.
v) The Phase 1 project eliminates septic tank use by the commercial entities in Duck Creek Village;
these on-site treatment units are considered to be the highest hazard for surface and
groundwater contamination in the Duck Creek area.
vi) The project converts the United States Forest Service from a wastewater system operator to a
wastewater system user and rate payer.
vii) The Phase 1 project capitalizes on the current political will of the commercial property owners to
participate in the development of a wastewater treatment solution at Duck Creek.
viii) The Phase 1 project capitalizes on the current political will of the United States Forest Service to
dispose of the lagoon site through the Townsite Act process and to issue Special Use Permits for
the necessary infrastructure improvements.
ix) The project establishes a wastewater treatment solution for future governmental services at
Duck Creek, including the Townsite parcels reserved for Kane County, Cedar Mountain Fire
Protection District, Western Kane County SSD #1, and the Duck Creek Village Association,
potentially the future Duck Creek Town.
c) The Phase 1 project includes as primary infrastructure components approximately 7,500 linear feet
of 8-inch and 10-inch gravity sewer main, 7,000 linear feet of 6-inch and 8-inch sewer force main,
two secondary and one primary lift stations, basic lagoon site improvements, 40 gravity and
pressurized sewer connections, approximately 5,100 linear feet of 10" culinary water
transmission/distribution pipeline to the Duck Creek Townsite parcel, power and SCADA
improvements necessary to operate the system, and other miscellaneous appurtenances typical of a
wastewater/water system installation in an alpine environment. Professional and incidental costs
include those related to planning and environmental updates, mapping and survey efforts, design,
bidding, construction administration, financing the project, and establishing the wastewater utility

11 North 300 West, Washington, Utah 84780
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administratively. Also included in the project is the effort to finalize the Townsite Act process which
transfers and subdivides the townsite parcel disposed by the Forest Service.
B. Project Purpose & Need:
a) In 2006, Kane County Water Conservancy District was approached by the Utah Department of
Environmental Quality, Division of Water Quality, to sponsor a planning study, known as the Duck
Creek Wastewater Planning Study, which would scope and investigate potential pollution and
contamination concerns and identify long term solutions for wastewater management in the Duck
Creek area of Cedar Mountain. The planning study was completed in a collaborative effort with the
Utah Department of Environmental Quality, the Utah Division of Drinking Water, the Southwest Utah
Public Health Department, and the United States Forest Service. Key points from the planning study
include:
i) Beginning in 1964, a series of unrelated studies and reviews was begun which analyzed various
aspects of the hydrology and geology in the Duck Creek area. As a rule, these studies concluded
that soil strata and aquifer conditions in the study area are marginally or totally unsuitable for
subsurface wastewater disposal (meaning discharge of wastewater through onsite absorption
fields is not scientifically appropriate). Several studies warned that, “As development continues
to increase, impacts to surface and groundwater from poorly designed, located and installed
septic systems may be a potential problem, particularly since the Claron limestone and volcanic
substrates present from Duck Creek to Panguitch Lake are not suitable and conducive to septic
system use.” These findings, combined with the reported deficiencies in the existing septic
systems, the general lack of maintenance typically done on septic systems, the absence of an
onsite system monitoring program, the potential adverse effects to the local and global
hydrologic systems, and the increasing hydraulic loads to which septic systems are being
subjected, form the bases for concern which were the foundation of the 2006 study.
ii) As part of the planning study, a brief subsidiary study was undertaken to estimate the number of
conventional onsite treatment systems (septic tanks) that could be allowed in the project area
without inducing a hazard to the human population or the environment. The study, entitled
Analysis of Septic Tank Density for Three Areas, Kane County, Utah, concluded that the number
of septic systems already existing in the study area exceeds the number of systems that can be
supported by the environment without causing significant degradation to groundwater quality.
The study also cited evidence that contaminants from improperly designed, sited, installed
and/or maintained septic systems may already be having an adverse effect on groundwater
quality.
iii) Notwithstanding the conclusions of the 2006 and prior studies, no “smoking gun” exists that
conclusively proves that septic systems are degrading water quality. Data on background
concentrations of nitrates naturally present in the groundwater is not available; thus, it is not
known whether existing nitrate levels are normal or elevated due to the presence of septic
systems. It has been shown in certain cases that bedrock can function adequately as a soil
absorption medium, but no studies have been conducted in the study area that define
percolation rates of the local fractured bedrock or the ability of the bedrock to assimilate or
immobilize contaminants. Furthermore, no documentation exists on the general condition or
contaminant removal effectiveness of onsite systems in the study area. Finally, no
comprehensive report exists that fully characterizes the hydrogeology within the project
boundaries and identifies the ability of the environment to receive and disperse contaminants.
iv) The 2006 planning study concluded the following:
(1) Additional research should be conducted to better characterize the ability of conventional
onsite wastewater systems to assimilate and immobilize contaminants within the unique
conditions prevalent in the study area.
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(2) If additional research shows that conventional systems are operating properly and are
protecting ground and surface water resources, they may continue to be permitted in the
project area.
(3) If no additional study is undertaken, or if additional study shows that the findings of previous
studies are accurate, the permitting of conventional onsite treatment systems should be
discontinued and a community collection and treatment system should be implemented.
(4) The best long-term alternative for community wastewater treatment is a regional
pressurized collection system combined with various traditional gravity system elements
conveying wastewater flows to a sequencing batch reactor (SBR) treatment facility located
in the Swains Creek valley, discharging polished effluent back to the environment through
local injection wells.
b) In 2007, following completion of the 2006 Duck Creek Wastewater Planning Study, the Utah Division
of Water Quality funded an Addendum to the Duck Creek Wastewater Planning Study which focused
on a wastewater collection and treatment solution in the Duck Creek valley under the premises that
the cost of a global system (meaning one which would address wastewater concerns in the Duck
Creek, Strawberry Creek, and Swains Creek valleys) was cost-prohibitive at the time, and, of the three
valleys, Duck Creek was the most at risk for surface and groundwater contamination and represented
the best starting point for addressing the wastewater management issues in the area. The addendum
concluded:
i) The preferred alternative for wastewater collection and treatment in the Duck Creek valley is a
hybrid gravity/pressurized collection system with treatment occurring at the existing Forest
Service lagoon site.
ii) An onsite system management program should be implemented for those dwelling or
commercial units not served by the collection system, and the EPA’s Model 4 – Responsible
Management Entity (RME) Operation and Maintenance Model is the most realistic model to be
implemented as the onsite system management program.
iii) The RME (most likely Kane County Water Conservancy District) would be responsible for
managing all components of wastewater collection and treatment in the study area, including
the collection and treatment facility in the Duck Creek Village area and the conventional onsite
treatment systems in areas not served by the collection system.
c) By 2012, discussions between Kane County Water Conservancy District and the United States Forest
Service led to the point that the Forest Service had become amenable to the idea of disposing of its
lagoon facility, with appurtenant infrastructure and land, either through Congressional action or
through procedures authorized under “the Townsite Act”. The Utah Division of Water Quality
subsequently funded the Duck Creek Wastewater Facility Plan, 2014 Update, as well as efforts related
to the District’s completing the Townsite Act process, including the application, NEPA requirements,
and the Forest’s processing costs through a Cost Recovery Agreement.
i) The facility plan update made current and refined the recommendations for a wastewater
management program in the Duck Creek valley, including: 1) the first phase of implementation
should seek to address the area with the most immediate need, especially the Duck Creek
meadow and surrounding lots, 2) only minor improvements will be required for the Forest
Service lagoons to serve the Phase 1 project, 3) an onsite system management program should
be implemented for all lots in the Duck Creek valley, and 4) a groundwater and surface water
sampling plan should be implemented to help evaluate the effects of the onsite septic systems
over time.
ii) The Townsite Act process is now nearing completion; a FONSI was issued by the Forest on March
16, 2018, and the Forest is preparing documents which will: 1) allow purchase of the Townsite
parcel by Kane County, and 2) transfer the wastewater system infrastructure and Special Use
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Permits into the possession of Kane County. If funded as part of the Phase 1 project, Kane County
Water Conservancy District will purchase the land and wastewater infrastructure and Special Use
Permits from Kane County and commence operating the wastewater system as its body politic
or Responsible Managing Entity.
d) Based on the foregoing discussion and outlined project history, the project is needed to:
i) Provide a mechanism for mitigating surface and groundwater contamination concerns discussed
since as early as 1964.
ii) Complete the 12-year process of initiating a Phase 1 wastewater management solution in the
Duck Creek area of Cedar Mountain.
iii) Establish a wastewater utility and begin to develop the administrative, managerial, operational,
and financial capacity capable of implementing future phases, if necessary.
C. Pertinent State and Federal Regulations:
a) Two primary health concerns which are the result of septic system malfunction are the
contamination of drinking water by disease producing organisms (pathogens) and the occurrence of
high nitrate (NO3-) levels in drinking water. The presence of either contaminant in water consumed
by humans can cause adverse health effects.
i) Of the pathogens, the coliform group is always present in fecal waste, thus a major concern in
wastewater disposal.
ii) The primary health concern associated with high nitrate concentrations results from a rare
syndrome called Methemoglobinemia, or blue baby syndrome. The United States Environmental
Protection Agency (EPA) has established a maximum allowable nitrate level of 10 mg/L (10 ppm).
This is also the maximum contaminant level recognized by the State of Utah.
b) Privately held property in the project area is unique in the fact that it is, in each of the three drainages
(Duck Creek, Strawberry Creek, and Swains Creek), surrounded by public land under the jurisdiction
of the United States Forest Service (Dixie National Forest). The proximity of Forest Service lands to
private property complicates the ability to construct public utilities which serve private holdings.
Federal and State anti-degradation policies must be adhered to. This is particularly true where
treatment and discharge of wastewater is concerned.
i) Each of the three valleys indicated is in the Dixie National Forest, Markagunt Plateau, designated
as Category 1 waters.
D. Public Participation:
a) A thorough public participation program was implemented during completion of the 2006 Duck Creek
Wastewater Planning Study. The program included the following components:
i) Continuous Advertisement: To facilitate the continuous advertisement necessary to provide
passive participants opportunity to comment, various information was posted on the Kane
County Water Conservancy District (KCWCD) web site through the duration of the project.
ii) Broad Advertisement: In order to provide the broad advertisement necessary to ensure that all
affected parties, especially vocal advocates or opponents, were reached, a project contact list
was generated. The contact list included the individuals or association representatives who could
pass information to the citizens that make up the population in the Duck Creek area.
iii) General Advertisement: In addition to the other advertising strategies, effort was made to hang
notification flyers in local gathering locations around the Duck Creek area. Doing so targeted
individuals who may not already have heard current information through the entities on the
contact list.
iv) Citizen Advisory Committee: An advisory committee was formed that included representatives
from the Forest Service, the Kane County Commission, the general public, commercial interests,
and the several homeowners’ associations. Each of these entities was notified of new
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information postings, meeting times, etc. so that each would have opportunity to comment
and/or pass the opportunity on to their constituents.
v) Public Surveys: A public survey was issued at the beginning of the Duck Creek Wastewater
Planning Study to help determine the public attitude toward the project and its components and
to provide the public opportunity to participate.
vi) Public Meetings: Two public meetings were conducted within the study area, at the Cedar
Mountain Fire Protection District fire station, one in the early stages of the project and another
one year later. Comment sheets are included in the 2006 Wastewater Planning Study.
b) A public open house was held at the Cedar Mountain Fire Protection District fire station as part of
the 2014 Duck Creek Wastewater Facility Plan Update. The purpose of the meeting was to present
the current project status and answer public questions related to the prospect of a wastewater
system being implemented in the area.
c) Thorough consultation and coordination efforts were undertaken as part of the Townsite Act process,
including those required to move the Modified Proposed Action through the NEPA process.
Specifically:
i) Federal, State and local agencies were consulted, including Utah Forestry, Fire and State Lands
Division, Kane County Commission, Garfield County Commission, Iron County Commission, Five
County Association of Governments, US Senator Orrin Hatch, US Senator Mike Lee, US
Congressman Jim Matheson, Utah State Representative Evan Vickers, Utah State Representative
Mike Noel, State of Utah Public Lands Policy Office, US Fish & Wildlife Service, National Park
Service, Utah Division of Parks and Recreation, Utah Dept. of Transportation, Town of Brian Head,
City of Cedar City, City of Panguitch, City of Parowan, and Cedar Mountain Fire Protection District.
ii) Local tribes were consulted, including the Paiute Indian Tribe of Utah and the Hopi Tribe.
iii) Others were consulted, including People For The USA, Utah Environmental Congress, WildEarth
Guardians, Kane County Land Use Authority, Utah Shared Access Alliance, Southern Utah
Wilderness Alliance, Old West Outfitters, Wade Eliason
iv) Private property owners within 500 feet of the Modified Proposed Action area were sent a
scoping notice and letter.
d) A public meeting was advertised and convened on May 17, 2018, for the commercial property owners
that would be affected by the proposed Phase 1 improvements. The purpose of the meeting was to
gage political will for the project and to get a sense of what the economic limits on connection and
user rate fees might be.
e) Public participation and outreach efforts suggest that there is public support and political will for
improvements in the Duck Creek Village area, especially serving the commercial entities which
generally remain operational throughout the year and which are situated adjacent to the meadow.
There does not appear to be widespread support for including the residential lots in Duck Creek in
the wastewater solution.
E. Pertinent Planning Documents:
a) 2006 Duck Creek Wastewater Planning Study
b) 2006 Duck Creek Area Septic Density Analysis
c) 2007 Addendum to the Duck Creek Wastewater Planning Study
d) 2014 Duck Creek Wastewater Facility Plan Update
e) 2018 Duck Creek Townsite Act Land Conveyance Environmental Assessment