DDW-2025-002970

April 1, 2025
Rulon Gardner
Mountain Green Mutual Water Company
4985 West Old Highway
Mountain Green, Utah 84050
Subject:Conditional Concurrence, Drinking Water Source Protection Plan for the Rollins Well #1: Temporary Exception Granted to R309-600-13(2)(d); Mountain Green Mutual Water Company;
Water System #15046, Source No. WS001
This Temporary Exception Expires on December 31, 2028.
Dear Rulon Gardner:
The Division of Drinking Water (the Division) received the Drinking Water Source Protection (DWSP) plan for the Rollins Well #1 from your consultant, Loughlin Water Associates LLC on
December 30, 2024. The Division requested additional information via email on January 30, 2025. Your consultant provided revisions to the plan on February 21, 2025.
We have completed our review of the DWSP plan, stamped and signed by William D. Loughlin, P.G., and dated December 30, 2024, and found that the plan basically complies with the applicable
portions of Utah’s Administrative Rules for Public Drinking Water Systems, except for rule R309-600-13(2)(d). The Division conditionally concurs with this plan, provided that the conditions
explained below are addressed the next time an updated DWSP plan is due and submitted to the Division. Please note that concurrence of this DWSP plan is based on information you provided
to the Division via email on June 7, 2024, which indicated that the Rollins Well #1 and Rollins Well #2 will not be pumped simultaneously. If the two wells are ever pumped simultaneously
in the future, a revised DWSP plan will be required within 180 days.Condition
MGMWC must provide a copy of the letter sent to the Morgan County Planning Department and County Commission informing them of the source protection zones for Rollins Well #1. This letter
should be included in the Recordkeeping Section of the next updated DWSP plan.
Temporary Exception Granted to R309-600-13(2)(d)
The Division received a request for an exception to R309-600-13(2)(d) – Land Use Agreements, Letters of Intent or Zoning Ordinances on February 21, 2025from your consultant, Loughlin
Water Associates, LLC. Two landowners located within source protection zone two who previously signed letters of intent to record land use agreements (LUA) have refused to sign and record
LUA. As stated in R309-600-13(2)(d), 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. You based your request for an exception on the following:
Mountain Green Mutual Water Company (MGMWC) has provided signed and recorded LUA for four (4) of the six (6) landowners who originally signed letters of intent to record land use agreements.
Parcels without LUA include parcel #00-0003-3488 (serial #03-005-028) and parcel #00-0003-3728.
Granting an exception for Parcel #00-0003-3488 (03-005-028) will not result in an unreasonable risk to health because the property has been developed and is connected to the Mountain
Green Sewer Improvement District (MGSID).
Although the owner of Parcel #00-0003-3728 (03-005-034-03) has thus far refused to sign a LUA, MGMWC continues to work with and seek a LUA. Granting an exception for this parcel will
not result in an unreasonable risk to health because of the following:
Morgan County will require this undeveloped property to connect to the MGSID for wastewater disposal and treatment when they develop.
The Morgan County Land Use Development Code (the Code) identifies permitted, prohibited, and conditional uses for the zoning districts. Morgan County reviews applications for all uses
to determine if they meet specific criteria. Subchapter 155.337, Pollution Prevention, states that “…Any use shall also be prohibited which emits or discharges liquids or solid material
onto the soil or water in amounts which result in pollutants entering any water or drainage system in amounts exceeding the standards prescribed by the state’s Committee on Water Pollution,
or its successor agency.”
MGMWC will write a letter to the Morgan County Planning Department and County Commission to (1) inform them of the combined PER/DWSP plan and show the DWSP areas for Rollins Well #1,
(2) identify the two parcels in zone two with unsigned LUA, (3) require that any applicant for a potential pollution source in the source protection zone two control the pollution source
by incorporating design standards to prevent contaminated discharges to groundwater, and (4) ask that MGMWC be allowed to review every land use application in the source protection zone
two of Rollins Well #1 to ensure that the development will incorporate adequate pollution prevention measures.
MGMWC will monitor all of the source protection zones of Rollins Well #1, including and especially the two parcels in zone two with unsigned LUA, and stay apprised of any accidents or
hazardous material releases that could contaminate the groundwater and activities or developments that may result in the installation of a pollution source.
If a landowner who refused to sign a LUA plans to install a pollution source within zone two, MGMWC will notify the Morgan County Planning Department and County Commission of their concern,
and request that the landowner control the pollution source through design standards.
If an uncontrolled pollution source is installed within zone two, MGMWC will install one or more monitoring wells between the pollution source and Well #1 to monitor for the groundwater
contamination, and submit a groundwater monitoring plan to the Division for approval.
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 Rollins Well #1, subject to the following
conditions:
This temporary exception expires on December 31, 2028, when the first DWSP plan update is due, and every six years thereafter.
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 this temporary exception have been fulfilled and obtain an exception renewal
by December 31, 2028. Thereafter, renewal of this exception will be required every six (6) years coinciding with the schedule for updating the DWSP plan.
You must provide a copy of the letter sent to the Morgan County Planning Department and County Commission informing them of the source protection zones for Rollins Well #1. This letter
should be included in the Recordkeeping section of the next updated DWSP plan.
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.Source Protection Reminders
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.
Please be aware that the source protection zones for this source have now been incorporated into the Division’s Geographic Information System (GIS) database. In addition, these zones
should now appear on the Utah Environmental Interactive Map, so long as this system is currently classified as Public in the Division’s database. The Utah Environmental Interactive Map

can be accessed by visiting enviro.deq.utah.gov. We encourage you to visit the map to confirm that the location of this source and the source protection zones are accurate. If you need
assistance with navigating the map or to report any discrepancies, please call [phone] and ask to speak to source protection staff.As 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 submission 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 implementation of each land management strategy as it
occurs, in this section of your updated plan.Please contact Melissa Noble 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 (15046) in your correspondence.
Sincerely,
Russell Seeley, P.E.
Assistant Director
DLB/mnn/mrn/mdbcc:Scott Braeden, Weber-Morgan Health Department, [e-mail] Loughlin, PG, Loughlin Water Associates, LLC, [e-mail] Smith, Loughlin
Water Associates, LLC, Rulon Gardner, Mountain Green Mutual Water Company, [e-mail] Beck, PG, Division of Drinking WaterMelissa Noble, PG, Division of Drinking WaterCameron
Draney, PE, Division of Drinking Water, [e-mail]
15046 WS001 DWSP Conditional Concur Exc Granted