DDW-2024-013790

December 4, 2024
Kasey Dean Carpenter
SL County Service Area No 3 - Mid-Gad
PO BOX 920067
Snowbird, Utah 84092
Subject:After-the-Fact Plan Approval, Mid-Gad New Building, Mid-Gad Restaurant 20K Indoor Tank (ST003); SL County Service Area No 3 - Mid-Gad, System #18015, File #15056
TemporaryException to R309-545-14(1), Tank Access Opening Height for Mid-Gad New Building, Mid-Gad Restaurant 20K Indoor Tank (ST003); SL County Service Area No 3 - Mid-Gad, System #18015,
File #15056
This Temporary Exception Expires on December 3, 2027.
Dear Kasey Dean Carpenter:The Division of Drinking Water (the Division) received plans, specifications, and a Project Notification Form for the proposed Mid-Gad Restaurant New Building
from your Planning and Construction Coordinator, Thomas Shafer, on May 30, 2024. Written review comments were provided to him on June 19, 2024. The Division received the revised plans
and specifications on November 18, 2024. It is our understanding that this facility was constructed without receiving the required Plan Approval by the Division prior to construction.
This project has met the conditions for receiving a plan approval.
On November 18, 2024, the Division received your request for an exception to Rule R309-545-14(1) regarding Tank Access Opening Height, for the Mid-Gad Restaurant 20K Indoor Tank. According
to this rule, at least one tank opening shall be above the level of the overflow, which shall be framed at least 4 inches above the surface of the roof at the opening.Project Summary
Our understanding of the project includes the following:
The existing Mid-Gad Restaurant was closed in April of 2024 and demolished. The following facilities were also modified as a part of the Mid-Gad Restaurant demolition:
The 20,000-gallon metal culinary tank named Storage Facility ST001 (ST001) was physically disconnected and abandoned.
The 12,000-gallon fiberglass culinary tank named Storage Facility ST002 (ST002) was demolished and removed.
The 10,000-gallon metal fire tank that was not documented in the Division’s database was demolished and removed.
The Mid Gad Chlorinator (TP001) was demolished and removed.
Construction of the new Mid-Gad Restaurant building started in May of 2024. The new Mid-Gad Restaurant building will include a new tank for separate culinary water and fire suppression,
a chlorinator, and a hydropneumatic tank. The new Mid-Gad Restaurant building will receive flow from the existing Mid Gad Spring (WS001) via a 3-inch diameter HDPE pipe.
The Mid-Gad Restaurant 20K Indoor Tank (ST003), which is a 19,825 gallon concrete tank, was built in the lower level of the new Mid-Gad Restaurant building. 2,075 gallons are dedicated
to drinking water and the remaining 17,750 gallons are dedicated to fire suppression. The tank is connected to the following pipes:
1-½-inch inlet pipe
4-inch outlet pipe
¾-inch drain hose bib
10-inch overflow pipe
6-inch vent pipe
Plan Approval
We have determined that all conditions for plan approval issuance have been met. On this basis, an After-the-Fact Plan Approval for Mid-Gad Restaurant 20K Indoor Tank (ST003) is hereby
issued as constituted by this letter.
This approval pertains to the Mid-Gad Restaurant 20K Indoor Tank (ST003)only. An Operating Permit must be obtained from the Director before Mid-Gad Restaurant 20K Indoor Tank (ST003)
may be put in service.A Plan Approval for all other facilities must be obtained from the Director before they may be constructed.
Construction without Plan Approval
It is our understanding that the Mid-Gad Restaurant 20K Indoor Tank (ST003) was constructed without receiving the required Plan Approval by the Division. Please be advised that the construction
of public water system facilities requires obtaining Plan Approval prior to construction and an Operating Permit after completion [R309-105-6]. A public water system operating a facility
without meeting the construction requirements can be assessed 50 Improvement Priority System (IPS) deficiency points for construction (and operation) without proper approval [R309-400-11].
These IPS points are considered a significant deficiency and therefore reportable to the EPA and subject to additional points if not resolved in a timely manner [R309-400-11(6)(a)].Temporary
Exception to R309-545-14(1)
Salt Lake County Service Area No. 3 - Midgad is a Transient Non-Community public water system consisting of a single connection at a restaurant. The existing restaurant was demolished
in April of 2024 and a new building, the Mid-Gad New Building, is currently being constructed. The Mid-Gad New Building houses a concrete tank which has been constructed with one vertical
tank access opening at the bottom of the tank.
According to R309-545-14(1), at least one tank opening shall be above the level of the overflow, which shall be framed at least 4 inches above the surface of the roof at the opening.

The basis for your request for an exception to R309-545-14(1) included the following:
The water tank is on the bottom floor of the building and the floor above is a high-traffic dining space. An access opening above the tank would encroach on the floor above and become
an unsafe tripping hazard.
The space between the top of the tank and floor above is too small to allow access to an opening for cleaning and maintenance.
The footprint of the tank cannot reasonably be enlarged due to the surrounding mechanical equipment, pumps, and adjacent electrical rooms.
To meet the intent of the rule and provide equivalent protection for public health, you propose the following:
A side access hatch is installed. A submittal detailing the hatch, its security, and sealing was submitted.
Any time the tank requires services or inspections, the tank would be drained to allow access into the tank. A Standard Operating Procedure (SOP) for events requiring tank servicing
was submitted.
On this basis, an exception to R309-545-14(1), Tank Access Opening Height, is hereby granted for Mid-Gad Restaurant 20K Indoor Tank (ST003).
This Temporary Exception expires on December 3, 2027.
You will be required to re-submit an exception request along with confirmation that all conditions outlined in this temporary exception have been fulfilled and obtain an exception renewal
prior to December 3, 2027.

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 the drinking water
quality remains protected. After receiving your request, the Division will determine whether this exception can be re-issued.
Failure to request the re-evaluation of this exception and obtain an exception renewal by December 3, 2027, will result in the activation of the deficiency related to R309-545-14(1).
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 this
exception.
Please maintain a copy of this letter with your permanent records for future reference.
If you have any questions regarding this approval, please contact Rebecca Yoo, P.E., of this office, at [phone], or Michael Newberry, P.E., Permitting and Engineering Manager,
at [phone].
Sincerely,
Russell Seeley, P.E.
Assistant Director
RY/mrn/mdbEnclosures –Operating Permit Checklistcc:Matthias Neville, Salt Lake County Health Department, [e-mail], Salt Lake County Health Department, [e-mail]
Thomas Shafer, Snowbird Resort LLC, [e-mail]
Kasey Carpenter, SL County Service Area No 3 - Mid-Gad, [e-mail], [e-mail] Yoo, Division of Drinking Water, [e-mail]
Luke Treutel, Division of Drinking Water, [e-mail]
Nagendra Dev, Division of Drinking Water, [e-mail]
Ted Black, Office of the State Fire Marshal, [e-mail] 18015 15056 Mid-Gad Tank PA w_ Exception
Utah Division of Drinking Water ― Checklist for Issuing Operating PermitsWater System Name:System Number: Project Description:File Number:
Items 1 through 8 below must be submitted to the Division and found to be acceptable prior to operating permit issuance (unless a water line project meets the requirements of R309-500-7
and is not required to obtain an Operating Permit).
Distribution lines (not including in-line booster pump stations) requiring Plan Approval may be placed into service prior to submitting all of the following items and receipt of Operating
Permit if the water system has received items 1 and 4 below.☐1.Certification of Rule Conformance by a professional engineer (P.E.) that all conditions of Plan Approval were accomplished,
and if applicable, changes made during construction were in conformance with rules R309-500 through 550☐2.As-built or record drawings incorporating all changes to approved plans and
specifications (unless no changes were made to the previously approved plans during construction)☐3.Confirmation that as-built or record drawings have been received by the water system☐4.Satisfactory
bacteriological samples as evidence of proper disinfection and flushing in accordance with the appropriate ANSI/AWWA standards:
☐ANSI/AWWA C651-14 AWWA Standard for Disinfecting Water MainsTwo consecutive sample sets at least 16 hours apart, none positive (e.g., every 1,200 feet, end-of-line, each branch)☐ANSI/AWWA
C652-11 AWWA Standard for Disinfection of Water-Storage FacilitiesOne or more samples, none positive☐ANSI/AWWA C653-13 AWWA Standard for Disinfection of Water Treatment PlantsTwo consecutive
samples per unit, none positive, no less than 30 minutes apart☐ANSI/AWWA C654-13 AWWA Standard for Disinfection of WellsTwo consecutive samples, none positive, no less than 30 minutes
apart☐5.Water quality data, where appropriate [For example, include raw and finished water data that demonstrate satisfactory performance of the treatment facility; sample should be
taken from a storage tank for residual volatile organic compounds after tank interior re-coating; etc.]☐6.If applicable, all other documentation that may have been required during the
plan review process☐7.If applicable, confirmation that the water system owner has received the O&M manual for the new facility☐8.If applicable, location data of new storage tank, treatment
facility, or source