DWQ-2024-006838

Section 401 Water Quality Certification No. DWQ-2024-06001
Project Proponent:David Pitcher
Manager
Spring Creek Subdivision LLC
4474 N Heather Meadows Drive
Morgan, Utah 84050
Project:Spring Creek Subdivision LLC. (Project Proponent) proposes the construction of Spring Creek Subdivision Development (Proposed Project); the residential subdivision will be located
in Brigham City, Utah. The development will include road construction, installation of utilities, and parceling off the lots within the subdivision. The Project Proponent will not develop
the lots or impact wetlands during the initial construction phase. The Project Proponent proposes to sell off approximately 41 lots located within the subdivision for development. Lot
numbers 24 through 30, located on the development's south side, contain a total of 0.78 acres of jurisdictional wetlands. The Project Proponent indicates that the impacts to the WOTUS
are unavoidable as it will be necessary for future developers to fill the wetlands when the lots are sold off for development. The Project Proponent does not anticipate impacting the
wetlands during the construction of the utilities prior to selling the individual lots. The total impacted 0.78 acres of wetlands located on lot numbers 24 through 30 contain 0.47 acres
of wet meadow wetlands, 0.24 acres are emergent marsh wetlands, and .07 acres are forested wetlands located in the Bear River Watershed. The Project Proponent proposes purchasing Machine
Lake Credits for compensatory mitigation for the 0.78 acres impacted by theProposed Project.
Location:The Project site is located at 450 South 1200 West, Brigham City, Box Elder County, Utah. Atapproximately Latitude 41.500984, Longitude -112.043725.
Watercourse(s):The Proposed Project will impact 0.47 acres wet meadow wetlands, 0.24 acres of emergent marsh wetlands and 0.07 acres of forested wetland, a total of 0.78 acres WOTUS
in the Bear River Watershed.
USACE Section 404: SPK-2021-00709
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

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 David Pitcher (the Project Proponent) with Spring Creek
Subdivision LLC.for the Spring Creek Subdivision Project (Proposed Project) inBrigham City, Box Elder 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-filling meeting with the Project Proponent on June 26 2024 to discuss the Proposed Project. On June 26, 2024, the Project Proponent submitted a 401 Water
Quality Certification Application for the Proposed Project. The DWQ in collaboration with the USACE representative Trevon Stephens established the Reasonable Period of Time to be 6 months
from June 26, 2024. DWQ has until December 26, 2024 to grant, deny, or expressly waive certification.
Background
David Pitcher with Spring Creek Subdivision LLC. (Project Proponent) is proposing to construct a 42-lot residential subdivision, Spring Creek Development (the Proposed Project), located
at 450 South 1200 West in Brigham City, Box Elder County, Utah. The Project Proponent will not be constructing the individual homes within the subdivision but will be developing the
street and utilities for the Proposed Project. The Project Proponent will sell the lots for development once the streets and utilities have been installed. A USACE Nationwide Permit
29, SPK-2021-00709, was approved on September 29, 2023, for road access work for the residential development that impacted 301 feet of WOTUS.
Future parcel lots 24 through 30 within the Spring Creek Development contain approximately 0.47 acres of wet meadow wetlands, 0.24 acres of emergent marsh wetlands, and 0.07 acres of
forested wetlands in the Bear River Watershed. Development of those lots will result in the discharge of dredge and fill material, resulting in a permanent loss of 0.78 acres of WOTUS
for the Proposed Project.  The Project Proponent will not fill the wetlands during the initial construction phase of the Proposed Project. The impacts on WOTUS will occur when the lots
are sold to developers. The Project Proponent indicated that Best Management Practices (BMPs) will be used during the road and utility construction to reduce impacts to WOTUS. The Project
Proponent proposes purchasing Machine Lake Credits for compensatory mitigation for the 0.78 acres impacted by the Proposed Project.
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:
Wetlands located within the Bear RiverLower East 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.
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.
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.
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 $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 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 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