DWQ-2024-007458

Section 401 Water Quality Certification No. DWQ-2024-06001
Project Proponent:GT Medical Holdings, LLCGreg Stuart579 South Moss Hill DriveBountiful, UT 84010
Project:GT Medical Holdings LLC. (Project Proponent) proposes constructing a campus for Noorda College. The East Provo Golf Course Redevelopment-Noorda College (Proposed Project) is
located in Provo, Utah County, Utah. Portions of the Proposed Project include development on the western side of the East Provo Golf Course. This Project received a 401 Certification
No. DWQ-20219-08001, which was issued for the Project on January 3, 2020. The Project Proponent has proposed changes to the impacts and mitigation from the previously Certified Project.
The Proposed Project will include constructing two new buildings and access roadway, new utilities, site access routes, a bridge connecting East Bay Boulevard to the Bureau of Reclamation,
and parking lots. The Proposed impacts total approximately 1.09 acres of wetland and 2.81 acres of open water. The Project Proponent indicated that the additional 0.77 acres of WOTUS
impacts from the original Project are necessary for additional building footprint impacts, the bridge construction, and parking areas.  The Proposed Project site was the location of
a former landfill and Voluntary Cleanup Program (VCP) Site; based on the Site Characterization, arsenic, and Polychlorinated biphenyls (PCB) were identified as contaminants of concern.
The Project Proponent will ensure that the site contamination is managed appropriately. Structural fill excavated from the Site will be tested for PCB contamination before use and only
used if deemed acceptable by the Site Management Plan. The site construction will occur during the low-flow season and best management practices will be used to reduce sedimentation
during the construction. The Project Proponent will install a water quality monitoring station to test for silt, turbidity, and PCB levels for discharges to Mill Race during culvert
and access road construction. The proposed mitigation plan has been updated from the previous Certification to include the creation of two Mitigation areas: Mitigation Area #1 will create
3.55 acres of wetlands, and Mitigation Area #2 will create 0.66  acres of wetlands for a total of 4.21 acres, as compared to the previously approved 2.53 acres of mitigation. The mitigation
ratio for the Project is 3.55:1, which has been approved by the US Army Corp of Engineers (USACE).
Location:The Project site is located at 1860 South East Bay Boulevard, Provo, Utah County, Utah at Latitude 40.20616°, Longitude -111.65515°
Watercourse(s):The Proposed Project will impact a total of 3.90 acres of permanent impacts to WOTUS consisting of 1.09 acres of emergent wetlands, and 2.81 acres of open water to Mill
Race Creek, and constructed ponds.
USACE Section 404: SPK-2007-21227
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.
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
Category 3 Waters “For all other watersof the state, point source discharges are allowed and degradation may occur, pursuant to the conditions and review procedures outlined in UAC R317-
3.5.”
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.
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
CFR – Code of Federal Regulations
CWA – Clean Water Act
DEQ – 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
PCBs– Polychlorinated biphenyls
SWPPP – stormwater pollution prevention plan
TMDL – Total Maximum Daily Load
TDS –Total Dissolved Solids
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 GT Medical Holdings LLC (Project Proponent) for the East
Provo Golf Course Redevelopment- Noorda College (Proposed Project) in Provo, 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.
The Utah DWQ attended a pre-filing meeting with the Coleman Kline from Civil Solutions Group on behalf of the Project Proponent on August 15, 2024, to discuss the Proposed Project. On
August 19, 2024, Coleman Kline with submitted a 401 Water Quality Certification Application for the Proposed Project Certification for the previously issued 401 Certification No. DWQ-2019-08001.
A new Certification application was submitted to revise and extend coverage of the existing Certification due to changes to the impacts and mitigation to the Proposed Project by the
Project Proponent.The reasonable period of time established with the USACE is 6 months, the DWQ must grant, deny, or expressly waive certification by February 19, 2025.
BackgroundThe Project Proponent proposes constructing a new private medical campus named Noorda College of Osteopathic Medicine (Noorda-COM) on the western portion of the East Bay Golf
Course in Provo, Utah. The Proposed Project will include constructing two new buildings, an access roadway, new utilities, site access routes, and parking. This Project was certified
initially by the DWQ Certification No. DWQ-2019-08001 on January 3, 2020. The applicant revised the Proposed Project and included increased impacts to WOTUS for constructing a bridge
connecting East Bay Boulevard to the Bureau of Reclamation, Provo, and some additional parking and building footprint area for Noorda College. The mitigation plan for the Proposed Project
has been adjusted from the Certified Project to compensate for the additional impacts. The Project Proponent indicates that Noorda-COM will collaborate with industry partners and regional
universities on medical research, provide graduate medical education programs and residencies, and increase medical growth opportunities within the state. The Project Proponent believes
that the Proposed Project will expand medical education in Utah and positively impact healthcare and the regional economy.
Construction for the Proposed Project will require filling portions of three artificial golf course ponds and permanent impacts to Mill Race Creek surrounding emergent wetlands of the
waterbodies. The total Project area is approximately 23 acres. The Project site is a former landfill and a Voluntary Cleanup Program Site. Three interconnected golf course ponds convey
flows from Mill Race Creek and the Provo City sewer treatment plant to the Provo Bay Delta in the Project area. The Proposed Project will include the construction of a culvert and work
within Mill Race Creek. The main conveyances of Mill Race will be piped under the proposed access road using two side-by-side pre-cast box culverts that are four-sided. The Proposed
Project will permanently impact 2.81 acres of open water primarily due to the access road and bridge construction to connect East Bay Boulevard to the Bureau of Reclamation Building.
The Proposed Project will also impact 1.09 acres of Emergent Wetlands for construction, utilities, and parking areas. The overall Proposed Impacts to WOTUS total 3.9 acres instead of
the Certification No. DWQ-2019-08001 impacts totaled 0.79 acres of wetlands and 2.36 acres of open water.
The mitigation plan for the Proposed Project has been adjusted from the Certified Project to compensate for the additional impacts. The proposed mitigation plan now includes two separate
mitigation areas that Noorda-COM will manage. Mitigation Area #1 will create 3.35 acres of wetlands, and Mitigation Area #2 will create 0.66 acres of wetlands. The updated mitigation
ratio, which the USACE has approved, totals 3.55:1. The permittee will manage all mitigation. The Project Proponent will use Best Management Practices during construction to minimize
and reduce the Project’s impacts. All work will occur during the low-water season. A Site Characterization Report was completed for the Proposed Project. Arsenic and PCB have been detected
as contaminants of concern within groundwater and soil samples. The Project Proponent will test all excavated material will be tested for PCB contamination before reuse on the site.
Contaminated soils will be disposed of properly and not reused. The Project Proponent will obtain an appropriate UPDES Treated Groundwater and Surface water Permit for any groundwater
discharges associated with contaminated areas that reach the Waters of the State. To protect Mill Race during all stages of construction for the access road, the Project Proponent will
install and maintain a silt screen and a turbidity barrier downstream during construction. The Project Proponent proposes to install a water quality testing station downstream of the
culvert installation location and access road construction, which will monitor for Total Dissolved Solids, Turbidity, and PCB contamination on a weekly basis.
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:
Mill Race Creek-1 AU UT16020201-012_00 within the Utah Lake- Lower Provo 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 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 4: Protected for agricultural uses including irrigation of crops and stock watering.
Impairments and TMDLs:
Results from the current water quality assessment, as documented in Utah’s Final 2024 Integrated Report[], indicate that the water quality of the Mill Race Creek-1 AU is considered impaired
(Assessment Category 5). TheMill Race Creek-1 AU is impaired for E.coli and benthic invertebrates. The E.coli. impairments impact beneficial use class 2B (infrequent primary contact
recreation) and use class 3B (warm water fishery/aquatic life) is impacted by the benthic invertebrate assessment. The CWA directs states to prepare a plan to restore water quality to
impaired waters, otherwise known as TMDL study. A TMDL is required for each parameter and waterbody to define pollutant reduction requirements necessary for the waterbody to meet water
quality standards. At present, no TMDLs have been finalized for the Mill Race Creek-1 AU.
Antidegradation Review
Waters within the Mill Race Creek 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.
Wetlands located within the Utah Lake-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 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, 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 2B for recreation and 3A
for cold 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 2B, 3A, and 3D beneficial use designations that include at a minimum: baseline (reference) turbidity measurements in each
waterbody where instream construction is occurring.
During construction of the culvert and work in Mill Race, monitoring should occur for turbidity, total dissolved solids (TDS) and PCB contamination following the means and methods outlined
in Section 7.1.2 Characterization of Discharge Section and Figure 3.of the application. Weekly results should be emailed to [e-mail].
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[]) which 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.
This Project site was previously used as a landfill and was designated as a VCP clean up site. Site characterization has identified contamination in soils and groundwater. Discharges
of treated groundwater and surface water that have been contaminated by operations located in the State of Utahrequire coverage under the UPDES General Permit for Treated Groundwater
Surface water (Permit No. UTG79000 []. The Project Proponent must obtain the appropriate coverages for the discharge of contaminated water and adhere to the Permit requirements including
monitoring and reporting. .
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.
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.
Monitoring and ReportingProject approval is conditioned on monitoring during construction of the culvert and construction work in Mill Race,to ensure that 1) water quality standards
in UAC R317-2-7 and designated beneficial uses in UAC R317-2-6 of Mill Race are maintained, and 2) comply with the antidegradation policy in R317-2-3. 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.” 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. Monitoring will ensure 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.
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 June 10, 2024. 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
UPDES General Permit for Treated Groundwater and Surface water (Permit No. UTG790000).UAC R317-8-2.5, gives the Director authority to issue general permits to cover specific categories
of discharges, including storm water and groundwater 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 Treated Groundwater and Surface water UPDES Permit No. UTG790000 renewed and effective as of July 13, 2022. UPDES Permit No. UTG790000 applies to discharges of treated groundwater
and surface water that have been contaminated by operations located in the State of Utah. 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 $125.00/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 or previously
Certified Projects. The Project Proponent is seeking a re Certification with minor updates and changes to the previously issued 401 Certification No. DWQ-2019-08001. Therefore, the DWQ
has reduced the public notice period 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 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., Director Date