DDW-2024-007680

May 21, 2024
Catherine Labatte
Feeny Family LLC
3081 Taylor Avenue
Ogden, Utah 84403
Subject:Concurrence, Updated Drinking Water Source Protection Plan for the Cafe Well; Temporary Exception Renewed to R309-600-9(6)(v); Feeny Family LLC; Water System #29069, Source No.
WS001
This Temporary Exception expires on December 31, 2028.
Dear Catherine Labatte:
The Division of Drinking Water (the Division) received the updated Drinking Water Source Protection (DWSP) plan for the Cafe Well from your consultant, Neil I. Burk, P.G., with LRE Water
on December 1, 2022.
We have completed our review of the updated DWSP plan and find that the plan basically complies with the applicable portions of Utah’s Administrative Rules for Public Drinking Water
Systems. The Division concurs with this updated plan. We commend you for establishing a program to protect this source from present and future contamination. This plan must be updated
often enough to ensure that it reflects current conditions in your protection zones.
The due date for submitting the next updated plan is December 31, 2028.RemindersAs stated in R309-600 and 605: Implementing DWSP Plans - Each Public Water System (PWS) shall begin implementing
each of its DWSP Plans in accordance with the implementation schedule within 180 days after submittal if the plan is not disapproved. Be prepared to describe these efforts in your next
update, which should include documentation of how the land management strategies identified for existing and future potential contamination sources were implemented. Your updated plan
will be disapproved, and 25 Improvement Priority System (IPS) points will be assigned for failure to comply with this requirement.As stated in R309-600 and 605: Recordkeeping - As a
DWSP Plan is executed, the PWS shall document any land management strategies that are implemented. Please provide actual copies of memoranda of understanding, public education programs,
bill stuffers, newsletters, or other correspondence documenting the implementation of each land management strategy as it occurs, in this section of your updated plan.Temporary Exception
Renewed to R309-600-9(6)(v) - Aquifer Data for Existing WellsThe Division originally granted a temporary exception to R309-600-9(6)(v) - Aquifer Data for Existing Wells in a letter dated
July 12, 2021. Rule R309-600-9(6)(v) indicates that a PWS shall obtain the hydraulic conductivity of the aquifer from a constant-rate aquifer test using the existing pumping equipment.
Furthermore, Rule R309-600-9(6)(v) indicates that if a constant-rate aquifer test is not practical, then the PWS shall obtain the hydraulic conductivity of the aquifer using another
appropriate method, such as data from a nearby well in the same aquifer, specific capacity of the well, published hydrogeologic studies of the same aquifer, or local or regional ground-water
models. Due to the lack of a 24-hour constant-rate aquifer test, the hydraulic conductivity cannot be determined from the test data as required in the rule. Your request for an exception
to R309-600-9(6)(v) was based on the following:Currently, there is no method to collect automated water level data in the Cafe Well, as it is equipped with a pitless adaptor. The well
would have to be reconfigured by a licensed Pump Installer or Water Well Driller so that a 24-hour test could be conducted. The additional information that would be gleaned from a 24-hour
constant-rate test at such a low flow rate (18 gallons per minute), does not seem to warrant the risk associated with potentially introducing contaminants or bacteria into the well.A
flat hydraulic gradient was used in the model to determine the DWSP zones, which can be considered conservative, therefore the hydraulic conductivity/transmissivity had no direct impact
on the DWSP zones.Values for the hydraulic conductivity and transmissivity of the aquifer were still provided in the final DWSP plan using specific capacity data in compliance with R309-600-9(6)(v).The
conditions under which the original temporary exception was granted are still valid. On this basis, a temporary exception to Rule R309-600-9(6)(v) is hereby granted subject to the following
conditions:This temporary exception expires on December 31, 2028, coinciding with the due date for the next updated DWSP plan.You will be required to re-submit an exception request along
with confirmation that all conditions outlined have been fulfilled.Exceptions granted by the Division include an expiration date to ensure that 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 if the exception can be re-issued.This
temporary exception may be rescinded 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 the exception.Please
contact Deidre Beck at [phone] or via email at [e-mail] if you have questions or concerns about the review of your DWSP plan. To help us serve you more efficiently, please
use the water system number (29069) in your correspondence.
Sincerely,
Russell Seeley, P.E.
Assistant Director
DLB/mrn/mdbcc:Scott Braeden, Weber-Morgan Health Department, [e-mail] Burk, P.G., LRE Water, [e-mail] Labatte, Feeny Family LLC, [e-mail]
Beck, P.G., Division of Drinking Water, [e-mail]
Nagendra Dev, P.E., Division of Drinking Water, [e-mail]
DBeck 29069 WS001 DWSP Update Concur Exception Renewed