DDW-2024-006092

February 21, 2024
Ben Sessions
Peterson Pipeline Association
3800 West 3900 North
Morgan, Utah 84050
Subject:Temporary Exception Renewed to Rule R309-600-13(2)(d) for Well #2;
Peterson Pipeline Association; Water System #15010, Source No. WS002
This temporary exception expires one year from the date of issuance.
Dear Ben Sessions:
The Division of Drinking Water (the Division) received a request to renew the temporary exception to Rule R309-600-13(2)(d) for Well #2 via email on January 4, 2024. Rule R309-600-13(2)(d)
- Land Use Agreements, Letters of Intent or Zoning Ordinances states that land use agreements, letters of intent or zoning ordinances meeting the requirements of R309-600-6(1)(p) must
be in place before a public water system introduces a new source into its system. The Division received notarized letters of intent to record land use agreements for all landowners in
zones one and two, except for those portions of land owned by Rex Jensen (Parcel #01-004-125), the Utah Department of Transportation (UDOT), and the Union Pacific Railroad (UPRR). Please
refer to the original temporary exception letter dated March 20, 2023 for the conditions under which the original exception was granted. You based your request for a renewal of this
temporary exception on the following:
Due to the elongated change application approval process with the Utah Division of Water Rights (UDWRi), the system has been unable to start drilling Well #2.
UDWRi has now approved the change application and the system has contacted Mike Zimmerman Well Services to begin construction of Well #2.
On this basis, a temporary exception to R309-600-13(2)(d) – Land Use Agreements, Letters of Intent, or Zoning Ordinances is hereby granted for the Peterson Pipeline Well #2, subject
to the following conditions: This temporary exception expires one year from the date of issuance.Exceptions granted by the Division include an expiration date to ensure the basis and
conditions for granting the exception are verified periodically and that drinking water quality remains protected. After receiving the request, the Division will determine whether the
exception can be re-issued.You are required to re-submit an exception request along with confirmation that all conditions outlined in the original temporary exception letter dated March
20, 2023, have been fulfilled and obtain an exception renewal within one year of the date of this letter. Thereafter, renewal of this exception will be required by December 31, 2028,
and every six (6) years thereafter, coinciding with the schedule for updating the DWSP plan.You must provide documentation demonstrating that you have vigilantly sought a land use agreement
from Rex Jensen (Parcel #01-004-125), including a periodic request in writing. This should be included as part of the recordkeeping section of your DWSP Plan update.Failure to request
the re-evaluation of this exception and obtain an exception renewal within one year of the date of this letter, may result in 25 Improvement Priority Points (IPS) being assigned for
lack of an approved DWSP plan.This temporary exception may be rescinded at any time if new evidence indicates that the conditions of this exception are no longer being met or a public
health risk exists due to this exception.Please contact Deidre Beck at [phone] or via email at [e-mail] if you have questions or concerns about the source protection requirements.
To help us serve you more efficiently, please use the water system number (15010) in your correspondence.
Sincerely,
Russell Seeley, P.E.
Assistant Director
DLB/mrn/mdbcc:Scott Braeden, Weber-Morgan Health Department, [e-mail] Sessions, Peterson Pipeline Corporation, [e-mail] Beck, P.G.,
Division of Drinking Water, [e-mail] Arns, Division of Drinking Water, [e-mail]
DBeck_15010_WS002_PER Conditional Concur