DSHW-2018-003232 - 0901a068807e94ff

WOODDURY
CORPORATION

Realtors / Brokers / Managers
Developers / Consultants / Architects

2733 East Parleys Way, Suite 300 / Salt Lake City, Utah 84109-1662
April 2, 2018
Mr. Scott T. Anderson, Director
Utah Department of Environmental Quality
Division of Waste Management and Radiation Control
PO Box 144880
Salt Lake City, Utah 84114-4880
[phone]
Fax [phone]
DSI-114-206 -003232_
Attn: Brad Maulding, Section Manager, Corrective Action Section
Subject: Spanish Fork, Utah - Canyon Creek Commercial Center — Lowe's — Comfort Letter and EWA Request
Mr. Anderson:
Woodbury Corporation as development manager represents Canyon Creek Phase Ten L.L.C. (Canyon Creek) for
an ongoing land development project in Spanish Fork, Utah.
We very much appreciate Mr. Maulding, Mr. Moore, and Mr. Rees meeting with the Lowe's and Canyon Creek
teams on Thursday, March 22, 2018. The meeting was regarding Canyon Creek and Lowe's jointly working toward
the purchase of land in Spanish Fork, Utah that is intended for use as a commercial development. A portion of the
land is encumbered by the closed Spanish Fork and Springville municipal landfill sites.
Per the discussion in the aforementioned meeting, we request participation in a voluntary remediation and removal
program for the portions of the site within the closed Spanish Fork and Springville municipal landfill boundaries.
Canyon Creek is willing to pay the costs associated with the Division of Waste Management and Radiation Control
(DWMRC) oversight of the program. We would appreciate if your division would provide an estimate of
anticipated costs associated with the DWMRC oversight.
The objective of our participation in the program is so that Canyon Creek and Lowe's can each obtain a comfort
letter from the DWMRC and an enforceable written assurance letter (EWA) from the Division of Environmental
Response and Remediation (DERR.) The properties for which Canyon Creek and Lowe's are seeking the letters is
depicted in the attached maps. The parties are requesting the letters for matters related to the closed municipal
landfill boundaries and the Expressway Lane Plume Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) site.
Canyon Creek would also like to inquire relative to the letters for the Expressway Lane Plume as it may pertain to
other potential properties in the surrounding area. However, that request would be secondary to the primary
development of properties shown in the attached mapping.
University Mall / 575 East University Parkway / Suite N-260 / Orem, Utah 84097 / Tel [phone] / Fax [phone]
Magic Valley Mall / 1485 Poleline Road East, Suite OFC / Twin Falls, Idaho 83301 / Tel [phone] / Fax [phone]
Woodbury Corporation
April 2, 2018
Page l 2
Upon your approval, Canyon Creek will undertake preparation of a work plan for DWMRC review and approval
prior to commencing any part of the remediation work.
At this juncture, neither Canyon Creek nor Lowe' s own the properties in question. The properties are, or will be,
under contract with the current owners. In our meeting, we discussed the potential for Spanish Fork City as the
current owner of the landfill properties to be the contracting party that would complete the municipal waste removal
and relocation. Spanish Fork City has expressed a willingness to be the contracting party for the removal/relocation
work if the DWMRC or DERR finds that this is a necessary condition for the requested clearance letters to be
issued. However, the City would prefer that Canyon Creek be the contracting party if possible.
It is anticipated that it will be necessary for Canyon Creek and Lowe's to close on the property before the full work
outlined in the forthcoming work plan can be completed. For example, the vapor mitigation system will be installed
during building construction, which cannot commence until after closing. As such, the parties also request that
when the municipal waste is relocated, DWMRC and DERR issue their letters based upon recording an
environmental covenant that requires installation, operation, and maintenance of any required vapor barrier or other
mitigation system for the Lowe' s building.
Please contact me with any additional information requests or questions you may have relative to the project. I can
be reached at the Woodbury Corporation offices in Salt Lake City at [phone] or by email at
andy.spencer@ woodburycorp.com.
We appreciate your assistance in this matter.
Respectfully,
AndreW J. pencer, P.E.
Senior Project Manager
Woodbury Corporation
LEGEND
LOWES - PREMISES
MUNICIPAL LANDFILL AREA
reerimel CANYON CREEK PHASE 10 L.L.C, s s
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MUNICIPAL LANDFILL
REMEDIATION AREA
WITHIN BOUNDARIES
NOTE.
BOUNDARIES SHOWN INDICATE THE AREAS FOR WHICH LOWES
AND CANYON CREEK PHASE TEN L.L.C. RESPECTIVELY ARE
REQUESTING A COMFORT LETTER FROM THE UTAH DIVISION OF
WASTE MANAGEMENT AND RADIATION CONTROL (DWMRC) AND
AN ENFORCEABLE WRITTEN ASSURANCE (EWA) LETTER FROM
THE UTAH DIVISION OF ENVIRONMENTAL RESPONSE AND
REMEDIATION (DERR) RELATED TO THE EXPRESSWAY LANE
PLUME CERCLA SITE AND THE CLOSED SOLID WASTE LANDFILL
(SPRINGVILLE LANDFILL AND SPANISH FORK LANDFILL.)
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COMMERCIAL CENTER COMFORT LETTER & EWA EXHIBIT
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