DDW-2024-007417

May 1, 2024
Dave Amin
Bristlecone
PO Box 1175
Panguitch, Utah 84759
Subject:Conditional Concurrence, Updated Drinking Water Source Protection Plan for the Bristlecone #1 Well; Temporary Exception Renewed to R309-600-13(2)(d); Bristlecone; Water System
#09077, Source No. WS001
This temporary exception expires on December 31, 2028.
Dear Dave Amin:
The Division of Drinking Water (the Division) received the updated Drinking Water Source Protection (DWSP) plan for the Bristlecone Well #1 from your consultant, James Saunders, P.E.
with Jones & DeMille Engineering, Inc., on December 19, 2022. The Division requested additional information via email on December 20, 2022. Your consultant provided revisions to the
updated plan and a request for renewal of the temporary exception to R309-600-13(2)(d) on August 29, 2023.
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, with the exception of R309-600-13(2)(d). The Division conditionally concurs with this updated plan, provided that the condition explained below is addressed. 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.Condition
The public water system must implement the condition explained below and report compliance the next time the DWSP plan is due and submitted to the Division:
The system must continue to implement the strategies identified in the management plan of the original exception request. Please provide documentation of implementation in the Recordkeeping
section of your next updated DWSP plan. Temporary Exception Renewed to R309-600-13(2)(d) You requested a renewal of the temporary exception to rule R309-600-13(2)(d) - Land Use Agreements,
Letters of Intent, or Zoning Ordinances, originally granted in a letter dated October 28, 2019, based on the following:As part of routine inspections, the system has checked the areas
within the source protection zones for any potential contamination sources or development as indicated in the management plan of the original exception request.No changes have occurred
since the previous update was submitted.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 portions of zone two not owned by Ridgeline Capital, LLC, subject to the following conditions:This temporary exception expires on December 31, 2028, which coincides with the next
due date for an updated DWSP plan.The system must provide adequate documentation that the strategies outlined in the management plan of the original exception request have been implemented.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 your request, the Division
will determine if the exception can be reissued.Temporary exceptions may be rescinded at any time if new evidence indicates that the conditions of the exceptions are no longer being
met or a public health risk exists due to the granting of the exception.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 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 the implementation of each land management strategy as it occurs, in this section of your updated plan.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. Contact David Kruse at [phone] or via email
at [e-mail] if you have any questions about your monitoring schedule. To help us serve you more efficiently, please use the water system number (09077) in your correspondence.
Sincerely,
Russell Seeley, P.E.
Assistant Director
DLB/mrn/mdbcc:Jeremy Roberts, Southwest Utah Health Department, [e-mail] Saunders, P.E., Jones & DeMille Engineering, Inc., [e-mail] DeMille,
Jones & DeMille Engineering, Inc., [e-mail] Holm, Bristlecone Water System, [e-mail] Amin, Bristlecone Water System, [e-mail]
Beck, P.G., Division of Drinking Water, [e-mail]. Paul Wright, P.E., DEQ District Engineer, [e-mail]
DBeck 09077 WS001 DWSP Update Conditional Concur