DDW-2025-002878

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Tim Davis
Interim Executive Director

DIVISION OF DRINKING WATER
Nathan Lunstad, Ph.D, P.E.
Director

February 20, 2025

Nate Chadwick
Cherry Peak Resort
PO Box 534
Logan, UT 84323

Subject: Notice of IPS Point Exceedance and Potential Water System Not Approved Rating
Change; Cherry Peak Resort, UTAH03120

Please be advised that a response is requested within 30 days of receiving this
certified mail.

Dear Nate Chadwick:

This letter serves to inform you that the Cherry Peak Resort, UTAH03120 currently has 150 IPS
points assessed. The Improvement Priority Systems (IPS) sets points for compliance requirements
based on the risk to public health and thresholds based on the type of system. The Cherry Peak
Resort Water current score exceeds the 150 points for the Cherry Peak Resort type as set in R309-
400. The Division of Drinking Water (the “Division”) intends to rate Cherry Peak Resort “Not
Approved” if there is no response to the Division within 30 calendar days of receiving this notice.
Your response may include any of the actions listed below to prevent a Not Approved Order:
1. Ask the Director for reconsideration by providing additional information to the Division
demonstrating the attached IPS report needs to be revised.
2. Correct any outstanding noncompliance items in the attached report and submit evidence
of its correction to the Division. This can include taking any missing chemical samples,
correcting any deficiencies, and/or submitting any evidence that violations or deficiencies
were issued in error.
3. Request a Corrective Action Plan (CAP) through requestcap.utah.gov. This informal
agreement between the System and the Division establishes a schedule to allow more time
to correct unresolved significant deficiencies in the attached report. A CAP is not available
for violations or minor deficiencies.
4. If the system has violations or has failed a previously executed CAP, the system must enter
into a Compliance Agreement/Enforcement Order (CA/EO). A CA/EO is formal
enforcement and establishes a schedule for systems to return to compliance. The System is
typically rated “Corrective Action” rather than “Not Approved” and has input on timelines
Cherry Peak Resort
Page 2

for meeting compliance deadlines. For inquiries regarding a CA/EO, please contact Colt
Smith at [phone] or [e-mail].

Failure to respond to the Division within 30 calendar days from the receipt of this notice may
result in the following:
1. The Director issuing a formal enforcement order rating your water system’s rating “Not
Approved.”
a. The Not Approved Order is a formal administrative notice and provides the
Director the ability to issue penalties amounts of up to $1,000 per violation per day.
b. This Not Approved Order, at a minimum, requires a system to issue public notice
every 90 days informing their customers of the “Not Approved” rating.
2. The Director may assess an additional 25 to 200 IPS points to your water system for
failing to protect public health.
3. The Division may refer the System to the Utah Attorney General for civil action in district
court, asking for an injunction to ensure compliance with the State and Federal Safe
Drinking Water Act.
4. Failure to respond may also result in the U.S. Environmental Protection Agency taking
federal enforcement action to address the noncompliance shown in the attached report.

This notice serves as a courtesy to your water system, allowing them to come into compliance
voluntarily. This notice is a compliance advisory, is not an agency action, and does not trigger any
legal rights and/or remedies for the System. Additionally, nothing in this notice prevents the
Director from initiating formal enforcement at any time in the process. We urge you to take
immediate action on this matter. Compliance with the standards and regulations for drinking
water, as outlined in the Utah Safe Drinking Water Act, the Utah Drinking Water Rules, and the
Federal Safe Drinking Water Act, is essential to ensure safe, reliable drinking water and to protect
public health. We are dedicated to working together with you to help you come into compliance.
If you require assistance in responding to this notice, please contact Brandi Smith at (385) 515-
1650 or [e-mail].

Sincerely,

Nathan Lunstad, Ph.D, P.E.
Director

Cherry Peak Resort
Page 3

Enclosure: February 2025 IPS Report

cc: Nate Chadwick, Cherry Peak Resort, [e-mail]
Grant Koford, Bear River Health Department, [e-mail]
Bret F. Randall, Assistant Attorney General, [e-mail]
Colt Smith, Division of Drinking Water, [e-mail]
Cameron Draney, P.E., Division of Drinking Water, [e-mail]
Hunter Payne, P.E., Division of Drinking Water, [e-mail]
Brandi Smith, Division of Drinking Water, [e-mail]
EQDWMonitoring, EQDWCOA and EQDWFS