DWQ-2025-003973

May 1, 2025
DIVISION OF WATER QUALITY
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
PUBLIC NOTICE TO ISSUE A SECTION 401 WATER QUATLITY CERTIFICATION
PURPOSE OF PUBLIC NOTICE
The purpose of this public notice is to declare the State of Utah's intention to issue a Section 401Water Quality Certification with Conditions under the authority of the Federal Clean
Water Act (33U.S.C. § 1341), and consistent with the Utah Water Quality Act, Title 19, Chapter 5, Utah Code and Utah Administrative Code R317-15.
PERMIT INFORMATIONPERMITTEE NAME:David Pitcher Ophir Mountain LLC.
MAILING ADDRESS: 4474 North Heather Meadows Drive Morgan, Utah 84050
PROJECT 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.
DWQ CERTIFICATION NO.: DWQ-2025-04002
WATERCOURSES:Palustrine Emergent Wetlands in the Weber River Watershed
BACKGROUNDOphir 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.
PUBLIC COMMENTS
Public comments are invited any time prior to the deadline of the close of business on May 17, 2025. Written public comments can be submitted to: Linsey Shafer, General Permitting Section,
Utah Division of Water Quality, PO Box 144870, Salt Lake City, Utah 84114-4870 or by email at: [e-mail]. After considering public comments the Utah Division of Water Quality
may execute the Certification issuance, revise it or abandon it. The Certification is available for public review under https://deq.utah.gov/public-notices-archive/water-quality-public-noticesA
copy may be obtained by contacting Utah Division of Water Quality at [phone].Sincerely,Linsey ShaferGeneral Permit Section
Enclosures: 1.Draft 401 Certification DWQ-2025-003972