DSHW-2018-009541 - 0901a068808eb94d

DSHW-2018-009541 195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

GARY R. HERBERT
Governor

SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality

Alan Matheson
Executive Director

DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Scott T. Anderson
Director
October 9, 2018

Silas Campbell
General Services Administration
Public Buildings Service
Denver Federal Center, Building 41
Denver, Colorado 80225

RE: Environmental Covenant
Former General Services Administration Motor Pool Maintenance Shop
330 East 200 South, Salt Lake City, Utah

Dear Mr. Campbell:

Please find enclosed a copy of the signed and notarized Environmental Covenant for the Former General
Services Administration Motor Pool Maintenance Shop. Please provide the Division with a date-
stamped copy of the recorded covenant within 30 days of recordation.

If you have any questions, please call Brad Maulding at [phone].

Sincerely,

Scott T. Anderson, Director
Division of Waste Management and Radiation Control

STA/BCM/al

Enclosure: Environmental Covenant

c: Gary Edwards, MS, Health Officer, Salt Lake County Health Dept.
Royal DeLegge, MPA, EHS, Environmental Health Director, Salt Lake County Health Dept.
Ryan Heath, Cottonwood Residential

When Recorded Return To:
Cottonwood Residential
6340 South 3000 East, Suite 500
Salt Lake City, Utah, 84121
With Copy To:
Scott T. Anderson, Director
Utah Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, UT 84114-4880
. LlfCA-0000
D1v of Waste Management
and Radiation Control
SEP 2 7 2018
To be recorded with County Recorder-
Utah Code Ann.§ 57-25-108
OSHW-20t6 -00 ~4.so
ENVIRONMENTAL COVENANT
1. This environmental covenant is entered into by The United States of America, acting by
and through the Administrator of General Services ("GSA") ("Owner"), and the Director, Utah Division of
Waste Management and Radiation Control (Director), pursuant to Utah Code Ann.§§ 57-25-101 et seq.,
for the purpose of subjecting the Property described in Paragraph 2 to the activity and use limitations set
forth herein ("Environmental Covenant").
PROPERTY
2. The property encumbered by this environmental covenant is parcel 16-06-252-01,
located at 330 East 200 South located in Salt Lake City, Utah ("Property"). The legal description of the
parcel affected by this Environmental Covenant is:
Beginning at the Northeast corner of Lot 6, Block 49, Plat "B", Salt Lake City Survey, and running thence
South 20 rods; thence West 4 rods; thence South 10 rods; thence West 39.0 feet; thence South 166.4
feet to the North line of Third South Street; thence West 60.0 feet, thence North 385.4 feet; thence East
50.0 feet; thence North 34.31 feet; thence East 6.0 feet; thence North 39.03 feet; thence West 6.0 feet;
thence North 202.66 feet; thence East 115 feet to place of beginning.
ENVIRONMENTAL RESPONSE PROJECT
3. The Environmental Response Project is referred to as the former GSA Motor Pool
Facility, 330 East 200 South, Salt Lake City, Utah. The project administrative records are maintained and
managed by the Division of Waste Management and Radiation Control ("DWMRC"), and the Records
Center or State Archives, in accordance with the Division's Documents Retention Schedule. Paragraphs
4 through 8 below summarize the investigations conducted to evaluate the potential for soil and
groundwater contamination at the site. Additional details about site investigation and the remedial work
performed at the site is available in the administrative record.
4. The GSA Motor Pool was a Federal Government Motor Pool, which performed vehicle
maintenance and supplied fuel. The site had 7 hydraulic lifts, 2 oil water separators, trench drains, two
underground storage tanks ("USTs"), both initially used for the storage of fuel, however, one was used as
a waste oil tank during later years of operation at the facility. The site is located about mid street at 330
East 200 South, Salt Lake City, Utah (as depicted on Figure 1 of Appendix A, attached hereto). The GSA
Motor Pool consists of one parcel (16-06-252-01) occupying a total of 1.54 acres, with originally one
building which was expanded to the south in 1982, which has subsequently been demolished, as
depicted on Figure 2 of Appendix A).
Environmental Covenant
GSA and DWMRC
330 East 200 South, SLC,.UT
Page2
5. In November and December 2016, Wasatch Environmental, Inc. ("Wasatch") conducted
subsurface investigation activities which included the collection of numerous surficial soil, subsurface soil,
and groundwater samples at the site in areas of potential concern. Soil and groundwater samples were
analyzed for volatile organic compounds ("VOC"), semi-volatile organic compounds ("SVOC"),
polynuclear aromatic hydrocarbons ("PAH"), and Total Petroleum Hydrocarbons ("TPH").
6. Based on the analytical results of the investigation, no areas of soil impacts above the
United States Environmental Protection Agency ("U.S. EPA") Regional Screening Levels ("RSL") for
Residential Soil were identified which remain in place; however, there were isolated detections of arsenic,
tetrachloroethene ("PCE") and PAHs which were subsequently removed as part of the soil removal action
in October 2017 and February 2018.
7. VOCs, specifically Cis-1,2-DCE, PCE, TCE, were detected in groundwater samples, at
concentrations that exceed their Federal Maximum Contaminant Level ("MCL"); however, it appears that
the elevated groundwater concentrations of these compounds at the site are likely representative of VOC
concentrations in groundwater which are due to upgradient, offsite sources and are not elevated due to
past or current uses of the facility.
8. During February 2018, GSA began the process to excavate and remove the facility
subsurface equipment, hydraulic lifts, waste management apparatus, oil water separators and trench
drains, and storage tanks and ancillary equipment (USTs and fuel island pad locations) and limited
amount of soil, and then sample the soil from the associated excavation. Most of the soil from each of the
excavations was sampled and screened for VOCs with a photoionization detector ("PIO"). Soil samples
were analyzed for TPH-DRO, VOCs which included TPH -GRO, SVOCs and PAHs. Soil from the hoist
location was analyzed slightly differently with HEM ("O&G"), Metals, and VOCs to primarily be used for
waste characterization.
During this process, only 2 features, the two former fuel island pad locations, showed signs of soil
contamination (staining and/or odor). Though both of these exhibited positive VOC measurements on the
PIO, only the northern location had significant odor and staining. From the two former fuel island location
excavations, GSA removed and disposed over 600 tons of primarily TPH contaminated soil.
Since the primary source of visible contamination was from a former fuel island pad, GSA and Wasatch
contacted the UDEQ LUST program to ensure the site would be closed under this program as well.
Though there were detections of PAHS, TPH-DRO, VOCs (primarily TPH -GRO, PCE, and MTBE), for
soils which remain on-site, all but the MTBE were below either the LUST Program Screening Level
Criteria (SLC) or U.S. EPA RSLs for residential soils. MTBE has been analyzed in soil and groundwater
with over 100 samples and has only one soil detection of (0.35 mg/kg) which exceeds the LUST SLC of
0.3 mg/kg.
COVENANT
9. Now therefore, Owner and the Director agree to the following:
10. Environmental Covenant. This Environmental Covenant is developed and executed
pursuant to Utah Code Ann. §§57-25-101 et. seq. The Environmental Covenant shall run with the land.
Environmental Covenant
GSA and DWMRC
330 East 200 South, SLC, UT
Page 3
11. Property. This Environmental Covenant applies to Property located at 330 East 200
South located in Salt Lake City, Utah: Parcel Number 16-06-252-001, consisting of approximately 1.54
acres of real property. The legal description of this property is provided in Paragraph 2 above.
12. Owner. An "Owner" of the Property is a person who controls, occupies, or holds an
interest (other than this environmental covenant) in the Property at any given time. Consistent with
Paragraph 15 ("Running with the Land") of this Environmental Covenant, the obligations of the Owner are
imposed on assigns and successors in interest, including any Transferee. The term "Transferee" as used
in this Environmental Covenant, includes the future of any interest in the Property or any portion thereof,
including, but not limited to, owners of an interest in fee simple, mortgagees, easement holders, or
lessees.
13. Holder. Owner is the holder of this Environmental Covenant.
14. Activity/Use Limitations and Maintenance Requirements: As part of the Site
Management Plan ("SMP"), Owner hereby imposes and agrees to comply with the following activity and
use limitations at the Property:
a. The land uses at the Property may be residential or industrial/commercial, provided
that, for any inhabitable space not built above a parking structure, an active or
passive vapor mitigation system is designed and installed into any building
constructed on the Property. Should any residential use not built above a parking
structure be proposed for development on the Property without installing the
foregoing mitigation system, the developer shall, prior to the development of the
proposed residential use, demonstrate to the Director's approval that an alternative
method adequately mitigates vapor intrusion risk. Any system approved to mitigate
the vapor intrusion concern will be described in the SMP.
b. The drilling of drinking water wells at the Property, or the use of groundwater from the
shallow aquifer beneath the Property for drinking water purposes, is prohibited.
c. Contaminated groundwater generated from site during construction activities shall be
properly managed in accordance with all applicable state and federal laws.
Groundwater management will follow procedures described in the approved SMP.
d. Contaminated soil generated from construction shall be properly managed in
accordance with all applicable state and federal laws. Soil management will follow
procedures described in the approved SMP.
e. Site Management Plan (SMP). If development of the property or disturbance of soil
in any manner is proposed to be undertaken, Owner shall submit a SMP for the
Director's approval. The Owner shall comply with all site management requirements
detailed in the SMP during construction and post construction activities. No soil
disturbing activities may occur until the SMP is approved by the Director.
15. Running with the Land: This Environmental Covenant shall be binding upon the Owner
and all assigns and successors in interest, including any Transferee, and shall run with the land, pursuant
to Utah Code Ann.§ 57-25-105, subject to amendment or termination as set forth herein. The term
"Transferee," as used in this Environmental Covenant, shall mean any future owner of any interest in the
Property or any portion thereof, including, but not limited to, owner(s) of an interest in fee simple,
mortgagees, easement holders, and/or lessees.
Environmental Covenant
GSA and DWMRC
330 East 200 South, SLC, UT
Page4
16. Compliance Enforcement. Compliance with this Environmental Covenant may be
enforced pursuant to Utah Code Ann.§ 57-25-111. Failure to timely enforce compliance with this
Environmental Covenant or the activity and use limitations contained herein by any Party shall not bar
subsequent enforcement by such Party and shall not be deemed a waiver of the Party's right to take
action to enforce any non-compliance. Nothing in this Environmental Covenant shall restrict the Director
or his/her successor from exercising any authority under applicable law.
17. Rights of Access. Owner hereby grants to the Director, its agents, contractors, and
employees the right of reasonable access to the Property for implementation or enforcement of this
Environmental Covenant, subject to the constitutional limitation on warrantless searches and seizures.
Nothing in this Environmental Covenant shall be construed as limiting or expanding any access and
inspection authorities of the Director under State law.
18. Notice Upon Conveyance. Each instrument hereafter conveying any interest in the
Property or any portion of the Property shall contain a notice of the activity and use limitations set forth in
this Environmental Covenant and provide the recorded location of this Environmental Covenant. The
notice shall be substantially in the following form:
THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL
COVENANT, DATED , 201_, RECORDED IN THE DEED OR OFFICIAL
RECORDS OF THE COUNTY RECORDER ON , 201 _, IN
[DOCUMENT __ , or BOOK_, PAGE __ ,]. PARAGRAPH __ OF THE
ENVIRONMENTAL COVENANT (ACTIVITY AND USE LIMITATIONS) IS
INCORPORATED HEREIN, IN ITS ENTIRETY, BY REFERENCE.
Owner(s) shall notify the Director within ten (10) days after each conveyance of an interest in any portion
of the Property. Owner's notice shall include the name, address, and telephone number of the
Transferee/Successor in Interest, a copy of the deed or other documentation evidencing the conveyance,
and an unsurveyed plat that shows the boundaries of the property being transferred.
19.
hereto that:
Representations and Warranties. Owner hereby represents to the other signatories
A. Owner is the sole owner of the Property;
B. Owner holds fee simple title to the Property which is free, clear, and unencumbered;
C. Owner has identified all other persons that own an interest in or hold an encumbrance on the
Property, and notified such persons of the Owner's intention to enter into this Environmental
Covenant;
D. This Environmental Covenant will not materially violate or contravene or constitute a material
default under any other agreement, document, or instrument to which the Owner is a party or
by which the Owner may be bound or affected; and
E. Owner has the power and authority to enter into this Environmental Covenant, to grant the
rights and interests herein provided, and to carry out all obligations hereunder.
20. Amendment or Termination. This Environmental Covenant may be amended or
terminated by written consent pursuant to Utah Code Ann.§ 57-25-110 and other applicable law. The
term "Amendment" as used in this Environmental Covenant shall mean any changes to the Environmental
Covenant, including the activity and use limitations set forth herein, or the elimination of one or more
activity and use limitations when there is at least one limitation remaining. The term "Termination" as
used in this Environmental Covenant, shall mean the elimination of all activity and use limitations set forth
herein and all other obligations under this Environmental Covenant.
Environmental Covenant
GSA and DWMRC
330 East 200 South, SLC, UT
Page 5
21. Severability. If any provision of this Environmental Covenant is found to be
unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not
in any way be affected or impaired.
22. Governing Law. This Environmental Covenant shall be governed by and interpreted in
accordance with the laws of the State of Utah.
23. Recordation. Within thirty (30) days after the date of the final required
signature upon this Environmental Covenant, Owner(s) shall file this Environmental Covenant for
recording, in the same manner as a deed to the Property, with the County Recorder's Office.
24. Effective Date. The effective date of this Environmental Covenant shall be the date upon
which the fully executed Environmental Covenant has been recorded as a document of record for the
Property with the County Recorder.
25. Distribution of Environmental Covenant. The Owner shall distribute a file-and date-
stamped copy of the recorded Environmental Covenant to the Director within 30 days of recordation.
26. Notice. Unless otherwise notified in writing by or on behalf of the current Owner or the
Director, any document or communication required by this Environmental Covenant shall be submitted to:
Mr. Scott T. Anderson, Director
Utah Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, Utah 84114-4880
The undersigned Owner's representative certifies that he/she is authorized to agree to the conditions and
obligations contained herein and to execute this Environmental Covenant.
IT 15 50 AGREED:
UNITED STATES OF AMERICA, acting by and
through the Administrator of General Services
C~b
Timothy O.Horne
Regional Commissioner
Public Buildings Service
Rocky Mountain Region
7-2.s-201 i
Date
Environmental Covenant
GSA and DWMRC
330 East 200 South, SLC, UT
Page 6
State of Colorado
County of Jefferson
ss:
Before me, a notary public, in and for said county and state, personally appeared Timothy 0.
Horne, a duly authorized representative of the U.S. General Services Administration, who acknowledged
to me that he did execute the foregoing instrument on behalf of the United States of America acting by
and through the authority of the Administrator of General Services.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official seal this
day of September, 2018. -rlla,f{a,¢
No ry Publl
C" oas;ent ·ssion Control
Scott T. Anderson, Director
State of Utah
County of Salt Lake
ss:
MICHAEL J SMrrH
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 19904003367
MY COMMISSION EXPIRES JANUARY 24,
un.4
Before me, a notary public, in and for said county and state, personally appeared Scott T.
Anderson, Director of the Division of Waste Management and Radiation Control, who acknowledged to
me that he did execute the foregoing instrument on behalf of the State of Utah, Division of Waste
Management and Radiation Control.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official seal this
day of Se13te111be,, 2018.
OC.·hbU'
Notary Public
ARLENE R. LOVATO @)Notary Public. State .of Utah
My Commission bptrel O n
August 17, 2020
COIIIM,Nu....,:61999 3