DWQ-2024-006840

September 20, 2024
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, Spring Creek Subdivision LLC.
MAILING ADDRESS: 4474 N Heather Meadows Dr. Morgan, Utah 84050
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.
DWQ CERTIFICATION NO.: DWQ-2024-06001
WATERCOURSES:A total of 0.78 acres of permanent impacts to WOTUS consisting of 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.
BACKGROUND
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 the Proposed Project.
PUBLIC COMMENTS
Public comments are invited any time prior to the deadline of the close of business on September 24, 2024. 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/water-quality/water-quality-public-notices.
A copy may be obtained by contacting Linsey Shafer [phone].