DWQ-2024-006701

March 28, 2016

Division of Water Quality
Utah Department of Environmental Quality
Notice of Public Comment Period and
Proposed 401 Water Quality Certification, Amended,
Millsite Reservoir Sluicing Project, Emery County, Utah

Purpose of Public Notice
The Utah Division of Water Quality (DWQ) is soliciting comments regarding the reissuance of an
amended 401 Water Quality Certification that was originally issued on June 9, 2015. The project
purpose remains the same, which is twofold: (1) to maintain the present storage capacity of Millsite
Reservoir, which loses approximately 74 acre-ft of water storage each year to sediment deposits, and (2)
to replenish Ferron Creek with turbid water that more closely mimics the natural state of Ferron Creek
than the present clear-water discharge regime. The Applicant, Ferron Canal and Reservoir Company,
made an amended request on February 8, 2016 to: (1) dredge to the spillway at the average daily
sediment concentration of inflow to inception of spill for that current year; (2) revise the Dissolved
Oxygen requirement; and, (3) eliminate the pre-existing condition, #3, to align the outgoing and
incoming Ferron Creek monitoring sites to an average daily NTU level within 15 NTUs, as described
below, under the authority of Section 401 of the federal Clean Water Act, (33 U.S.C. § 1341) and
consistent with the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Ann. 1953, as amended and
Utah Administrative Code R317-15. A person who wishes to challenge a Permit Order may only raise
an issue or argument during an adjudicatory proceeding that was raised during the public comment
period and was supported with sufficient information or documentation to enable the Director to fully
consider the substance and significance of the issue. Utah Code Ann. 19-1-301.5 can be viewed at the
following internet location: URL: http://le.utah.gov/xcode/Title19/Chapter1/19-1-S301.5.html?v=C19-
1-S301.5_2015051220150512.

Permit Information
Applicant: Ferron Canal and Reservoir Company (FCRC)

Mailing Address: P.O. Box 256
Ferron, UT 84523

Facility Location: The project site is located on Millsite Reservoir, approximately 3 miles west of
the town of Ferron, in Section 11, Township 20 South, Range 6 East, Salt Lake
Meridian, Latitude 39.0994°, Longitude -111.1976°, Emery County, Utah, and
can be seen on the UT-FERRON USGS Topographic Quadrangle.

Permit Background
On June 15, 2015 the U.S. Army Corps of Engineers (USACE) authorized the FCRC by issuing a
Nationwide Permit 43, Stormwater Management Facilities, which requires FCRC to secure a 401 Water
Quality Certification. DWQ issued its original 401 Water Quality Certification on June 9, 2015. The
FCRC made an application to amend the existing 401 Water Quality Certification on February 8, 2016.

Additional Information
Additional information listed below is also posted on DWQ’s Public Notice website at:
http://www.deq.utah.gov/NewsNotices/notices/water/index.htm#wqc
• Amended 401 Water Quality Certification application, dated February 8, 2016;
• DWQ Draft Amended 401 Water Quality Certification with conditions.

Submission of Public Comments
Public comments on this matter must be received by the Division of Water Quality by Monday, April
11, 2016 at 6:00 p.m. All comments will be considered to determine whether an amended 401 Water
Quality Certification can be issued.

Please submit comments to Bill Damery at [e-mail] . Comments may also be submitted by
mail to:
Bill Damery
Utah Division of Water Quality
P.O. Box 144870
Salt Lake City, Utah 84114-4870

In compliance with the Americans with Disabilities Act, individuals with special needs (including
auxiliary communicative aids and services) should contact Dana Powers, Office of Human Resources at
[phone], TDD [phone].