DWQ-2025-003972

Section 401 Water Quality Certification No. DWQ-2025-04002Project Proponents:David Pitcher Ophir Mountain LLC.4474 North Heather Meadows Drive Morgan, Utah 84050
Project:Ophir Mountain LLC (Project Proponent) proposes to build a single-family residential subdivision called Smith Ranches (Proposed Project), also known as West Point 50 Subdivision.
The Proposed Project is located at 3900 West and 1800 North, West Point in Davis County, Utah. The Proposed Project includes building approximately 72 homes, a park, a detention pond,
and installing utilities, sewer, and roads to support the subdivision. The Project Proponent indicated that several alternatives were explored for the development, but did not meet the
project needs and were not economically feasible. The Project Proponent indicated that the Proposed Project is necessary to develop the subdivision and meet city and state codes. Without
the Proposed Impacts, only ¼ of the property could be developed. The Proposed Project will permanently impact 0.613 acres (26,665 sq. feet) of PEM wetlands on the property, primarily
due to the removal and relocation of a Bureau of Reclamation pipeline and channel installed in the 1950s. The pipeline and channel are the main sources of water for the wetlands. The
pipe relocation will permanently impact 11,624 sq. ft of PEM wetlands designated W03 on the southern half of the property, which will be filled with approximately 684 cubic yards of
fill material from onsite excavations. The Proposed Project proposes to fill 15,041 sq. feet of PEM wetlands designated W01 on the northern portion of the property, with approximately
357 cubic yards of material from onsite excavations to be developed as lots. The Project Proponent indicates that a Construction Stormwater Permit will be obtained for the work and that
all conditions will be followed to minimize the project’s impacts. The Project Proponent indicates that the proposed compensatory mitigation would be through Machine Lake Mitigation
bank credits at the mitigation ratio approved by USACE. The mitigation plans for the Proposed Project have not yet been finalized or approved by the USACE.
Location:The proposed project is located in West Point City at 3900 W and 1800 N Davis County, Utah. The approximate location is Latitude 41.137402 and Longitude -112.101627.
Watercourse(s):The project will permanently impact palustrine emergent wetlands located within an undefined assessment unit (AU) within the Weber River Watershed.
USACE Section 404: SPK-2024-00481
Effective Date:Month, Day, Year
Table of Contents
Definitions
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. For the purposes of this document, the term “designated
beneficial uses” will be used to describe all uses required to be protected by Utah water quality standards and antidegradation policy.
Blue Ribbon Fishery: status administered by the Utah Division of Wildlife Resources and the Blue Ribbon Advisory Council that indicates the waterbody has high quality in the following
attributes: fishing, outdoor experience, fish habitat, and economic benefits.
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.
Letters of Permission (LOP): a USACE type of individual permit issued through an abbreviated processing procedure.
Level I Antidegradation Review (ADR):“is conducted to insure thatexisting uses will be maintained and protected.” UAC R317-2-3.5
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)
Temporal Loss:“is the time lag between the loss of aquatic resource functions caused by the permitted impacts and the replacement of aquatic resource functions at the compensatory mitigation
site.” 40 CFR 230.92
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
BOR- Bureau of Reclamation
CFR – Code of Federal Regulations
CWA – Clean Water Act
CY – cubic yardsDEQ – Utah Department of Environmental Quality
DWQ – Utah Division of Water Quality
EPA – Environmental Protection Agency
LOP – Letter of Permission
mg/L – milligrams per liter
MS4 – Municipal Separate Storm Sewer System
NEPA – National Environmental Policy Act
NOI – Notice of Intent
NTU – Nephelometric Turbidity Units

NWP – nationwide permit
PEM – palustrine emergent
ROW – right of way
SR- state route
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 Summit County for the proposed Summit County SR-32 Trail
Marion to Kamas Project in Summit 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 April 7, 2025, DWQ attended a pre-filling meeting with David Pitcher from Ophir Mountain LLC for the Proposed Project.On April 7, 2025 David Pitcher submitted a complete Water Quality
401 Certification Application to DWQ for the Proposed Project.On April 17, 2023,Elizabeth Carlson with the USACE Sacramento District established the reasonable period of time for a Certification
decision would be 60 days from April 7, 2025. This requires that the Director act by June 7, 2025.
Background
Project Introduction
Ophir Mountain LLC (Project Proponent) proposes to build a single-family residential subdivision called Smith Ranches (Proposed Project), also known as West Point 50 Subdivision. The
Proposed Project is located at 3900 West and 1800 North, West Point in Davis County, Utah. The Proposed Project includes building approximately 72 homes, a park, a detention pond, and
installing utilities, sewer, and roads to support the subdivision. The Proposed Project also requires installing a 60-foot culvert for a road crossing within the subdivision, and removing
and reinstalling the existing BOR pipe and easement that bisect the property from the Northeast corner to the Southwest.
The Project Proponent indicated that the impacts are necessary to complete the development of the subdivision and associated utilities. The Proposed Project requires expanding the existing
access road, 3900 West, on the southern portion of the subdivision, as the current single lane does not meet international fire or city codes. The drain pipe and wetlands on the property
disrupt access to the southern half, limit sewer connections, and reduce the number of lots the Project Proponent could develop on the property.
ImpactsThe Proposed Project will permanently impact 0.613 acres (26,665 sq. feet) of PEM wetlands located on the property. Currently, there is a 20-foot-wide pipeline and open channel
on the property that runs from the northwest corner of the property to the southeast, bisecting the subdivision. The Bureau of Reclamation (BOR) installed the underground pipeline and
the Layton Canal in the 1950s. The canal has an overflow drain that discharges water, which is the primary water source for the PEM wetlands designated on the southern half of the property.
The Project Proponent is proposing to reroute the BOR pipe and easement. The new pipe would run parallel to Hogan Lane and 3975 West Street and terminate at the storm drain system on
the southern portion of the property. As a result of rerouting the water, there will no longer be a flow in the channel, and new construction will eliminate the source of water for the
wetlands located on the property.  The pipe relocation will permanently impact 11,624 sq. ft of PEM wetlands designated W03 on the southern half of the property, which will be filled
with approximately 684 cubic yards of fill material from onsite excavations. The sewer connection will be installed to run through the W03 wetlands for the subdivision after they are
filled. The Proposed Project also proposes to fill 15,041 sq. feet of PEM wetlands designated W01 on the northern portion of the property, with approximately 357 cubic yards of material
from onsite excavations to be developed as individual housing lots.The Project Proponent indicated that they believe the main water source from the WO1 wetland is from the BOR pipeline.
Mitigation/Minimization wa
The Project Proponent indicated that several alternatives were explored but did not meet the project needs and were not financially feasible. If the BOR pipe is not relocated, only the
northern portion of the subdivision would be suitable for development, which would only be about ¼ of the property. The necessary sewer connection for the subdivision will be built on
the southern half of the property, requiring crossing the existing W03 wetlands. The sewer connection would not be possible without the proposed loss of wetlands. The Project Proponent
indicates that there will be no foreseeable indirect impacts to WOTUS. The redirected water will be returned into the same storm drain system further downstream, resulting in minimal
impacts to WOTUS and no water loss. The Project Proponent has obtained approval to relocate the BOR pipe. The Project Proponent asserts that alternatives were evaluated during the design
phase to reduce or avoid wetland impacts, but no other alternatives were feasible. The Project Proponent indicates that a Construction Stormwater Permit will be obtained for the work
and that all conditions will be followed to minimize the project’s impacts. The Project Proponent indicates that the proposed compensatory mitigation would be through Machine Lake Mitigation
bank credits at the mitigation ratio approved by USACE. The mitigation plans for the Proposed Project have not yet been finalized or approved by the USACE.
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:

A. PEM Wetlands [] located in an undefined AU within Davis County waters in the Weber River Watershed.
Beneficial Use Designations
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).
Hazardous and otherwise deleterious materials (e.g. oil, gasoline, chemicals, trash, sawdust, soil, 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.
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.
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.
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 R317-8-2.5
Disclaimers
Fees
The legislatively-mandated fee for the 2025 fiscal year is $120.00/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 Stated in UAC R317-15-5., this Certification decision is subject to a 30 public notice period. Per UAC R317-15-5 draft certification decisions are subject to a thirty (30) day public
notice. UAC R317-15-5.1 allows for the 30 public notice period to be lengthened or shortened for a good cause, which includes those projects that are routinely granted and any proposed
activity is considered minor. The Project Proponent is seeking a Letter of Permission (LOP) through the USACE. The DWQ typically views these impacts as minor compared to USACE Standard
Permits and have routinely granted these types of certifications. Therefore, the DWQ has reduced the public notice permit to 14 days (2 weeks). 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 Proponent 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