DIVISION OF WATER QUALITY UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC NOTICE TO MODIFY A UPDES PERMIT
Notice Type(s)
Notice
Event Start Date & Time
March 30, 2026 02:10 PM
Event End Date & Time
April 29, 2026 05:00 PM
Description/Agenda
PURPOSE OF PUBLIC NOTICE
The purpose of this public notice is to declare the Director of the Division of Water Quality's intention to modify a Utah Pollutant Discharge Elimination System (UPDES) Permit under the authority of the Utah Water Quality Act, Utah Code ยง 19-5-106(2)(g). The draft Permit and the Fact Sheet (collectively, the draft Permit documents) are available for review and comment.
PERMIT INFORMATION
PERMITTEE NAME: Fossil Rock Resources, LLC
FACILITY NAME: Fossil Rock Mine
MAILING ADDRESS: 9815 South Monroe Street, Suite 203
Sandy, Utah 84070
TELEPHONE NUMBER: 970-852-0110
FACILITY LOCATION: 5125 N Cottonwood Canyon Rd
Orangeville, UT 84537
UPDES PERMIT NO.: UT0023728
PERMITTED OUTFALLS: 001, 002, 003 & 004
OUTFALL LOCATIONS: 001 located at latitude 39 19' 00' and longitude 111 11' 20'
002 located at latitude 39 19' 03' and longitude 111 11' 25'
003 located at latitude 39 17' 43' and longitude 111 7' 18'
004 located at latitude 39 18' 32' and longitude 111 11' 6'
RECEIVING WATERS: Cottonwood Canyon Creek, Grimes Wash
BACKGROUND
Fossil Rock Resources, LLC - Fossil Rock Mine (Mine) is an underground coal mine facility with standard industrial classification (SIC) code 1222 for bituminous coal underground mining. The Mine recently restarted mining operations beginning in late 2024 after previous operations had ceased since the Mine was last active in 2001 as formerly owned and operated under the name, PacifiCorp - Energy West Mining Company - Trail Mountain Mine. Currently, there are three (3) permitted discharge outfalls (001, 002, & 003). Discharges from Outfall 001 are associated with an onsite sedimentation pond for collecting surface water runoff from precipitation and snowmelt events at the Mine facility, while discharges from Outfall 002 are associated with any active Mine dewatering operations. Discharges from Outfall 003 are associated with a sedimentation pond that collects surface water runoff from precipitation and snowmelt events at the Mine's offsite waste rock collection site. Current Mine owners have requested a UPDES Permit (Permit) modification to include a new Outfall 004 located downstream of the existing facility to allow the effluent flow limitation to be increased up to 10 million gallons per day (MGD) total for mine dewatering discharges in anticipation of encountering increased water underground that will need to be dewatered and discharged for continued safe operations of the Mine. Therefore, applicable effluent limitations and monitoring requirements have been included for the new Outfall 004, while remaining unchanged for the existing Outfalls 001, 002 & 003. This Permit modification will authorize discharges from the Mine during the remainder of the five-year Permit cycle as appropriate. Please refer to the draft Permit documents for more information.
PUBLIC COMMENTS
Pursuant to Utah Admin. Code R317-8-6(6.6), any interested person may submit written comments on the draft permit documents and may request a public hearing if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments will be considered in making the final decision and shall be answered as provided in Utah Admin. Code R317-8-6(6.12).
Commenters have an affirmative obligation to raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material. Supporting material must be included in full and may not be incorporated by reference, unless the material is already part of the administrative record.
Public comments are invited any time prior to the deadline of the close of business on April 29, 2026. Written public comments can be submitted to: Jeff Studenka, UPDES Individual Permit Section, Utah Division of Water Quality, PO Box 144870, Salt Lake City, Utah 84114-4870 or by email at: jstudenka@utah.gov.
After considering public comments, the Director of the Division of Water Quality will issue a final Permit decision. The draft Permit documents are available for public review under 'Public Participation' at www.waterquality.utah.gov/. Additionally, if internet access is not available, a copy may be obtained by calling Jeff Studenka at (385) 602-7303.
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Emily Canton at 801-536-4342.