DSHW-2018-005372 - 0901a06880847901

June 11, 2018
Mr. Scott Anderson
Utah Department of Environmental Quality
Division of Waste Management and Radiation Control
195 North 1950 West, 2nd Floor
P.O. Box 144880
Salt Lake City, UT 84114-4880
OW of Waste Management
and Radiation Control
JUN 1 1 2018
-r-Apv-200-0:05572-
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Attention: Mr. Brad Mau!ding
SUBJECT: Request for Comfort Letter — Terracom Development LLC
For: The Ensign-Bickford Company Property
Mapleton, Utah
Dear Mr. Mau!ding,
On behalf of Terracom Development, LLC and its assigns, Wood Environment & Infrastructure Solutions, Inc (Wood) are
submitting this letter to the Utah Division of Waste Management and Radiation Control ("Division") concerning its proposed
acquisition of a 460-acre property with an address of 8305 South Highway 6 near the Mouth of Spanish Fork Canyon in
Mapleton, Utah (Site).
Terracom Development, LLC (Terracom) has entered into a purchase and sale agreement with The Ensign-Bickford Company
(EBCo) to acquire the Site referred to above, a subsequent Enforceable Written Assurance (EWA) Application will be under
review with the Division of Environmental Response and Remediation (DERR) - Voluntary Cleanup Program (VCP). As part of
the compliance, an all appropriate inquiry (AAI) stipulated by the United States Environmental Protection Agency (EPA) in 40
CFR Part 312; following ASTM E1527-13 was completed as a Phase I Environmental Site Assessment (ESA) which was completed
by EBCo on April 25, 2018 (Attachment A; CD).
In connection with the proposed acquisition, Terracom Development, LLC seeks pursuant to Utah Code Ann. § 19-6-108.3 a
comfort letter for the Site referenced above. The information provided in this letter is based on reports which summarized a
Division-lead Site remediation effort of the subject property beginning in the 1990's. The information reviewed for the purposes
include but are not limited to the 2004 Final Amended Corrective Action Plan (CAP), 2009 Site Management Plan (SMP), The
Corrective Measures Implementation (CMI) Report and the Environmental Covenants associated with the Site. The Site
investigations, corrective actions, groundwater reports etc. are too numerous to attach to this document. However, the Division
has access to any references contained herein; it will be assumed by Wood and Terracom that the Division will use the
references.
Background
The EBCo Site encompasses approximately 460-acres that has been incorporated into Mapleton City, Utah. The Site is the
former location of a Constituents of Energetic Material (CEM) manufacturing plant which originally manufactured nitroglycerin
(NG) and nitroglycerin-based products from 1941 until 1963, at which time NG production ceased. Nitrostarch operations
began in approximately 1964 and continued until 1976. PETN formulation began in late 1966 and Pentolite (a mixture of PETN
and TNT) production began in 1968 and both were the primary manufacturing until early 2006. RDX operations involving
Composition A (Comp A) began in 1971 and continued through the mid to late 1970's. RDX operations involving Composition
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B (Comp B) began in approximately 1980 and continued until 1986. Specialty nitrate production (EGDN, DEGDN, TEGDN, BTTN,
and TMETN) began in 1976 and continued intermittently until approximately 1991. NCN (a mixture of ammonium nitrate and
fuel oil) production began prior to 1963 and continued until 1982. Others, such as NTO and TNC were produced on a very
limited basis from 1987 until 1991. Over the operational period at the Site, it became impacted with the constituents listed
above. The proceeding sections discuss a general overview the remedial activity at the Site.
Site Activities and Conditions
Between 1999 and May 2007, EBCo conducted a RCRA Facility Investigation (RFD to determine the nature and extent of
hazardous waste(s) and hazardous constituents at 44 Solid Waste Management units (SWMUs) identified at the Site. During
the RFI, over 3,000 samples were collected to characterize surface and subsurface soils and 27 on-site monitoring wells were
installed to access groundwater conditions. Between 2003 and 2007, EBCo implemented interim measures at the Site
concurrent with preparation of the RFI. The interim measures included excavation and on-site treatment and/or off-site disposal
of over 133,000 tons of soil affected by Site related CEMs. As part of the overall remediation effort, EBCo also decommissioned
and dismantled facility infrastructure including: process equipment, foundations, storage magazines, tanks and buildings. The
RCRA Interim Measures Report (Charter Oak, 2007), RFI Report (Charter Oak, 2007) and others listed in the Reference section
present details regarding these interim measures.
The following significant activities were completed as part of the RCRA corrective action or facility decommissioning process
(not necessarily in the order presented):
• Excavation and on-site thermal treatment of certain soils that contained CEMs or other exceeding applicable risk-based
criteria. This action was performed as an interim measure during the 2005 to 2006 time period.
• Excavation and off-site disposal of certain soils that contained CEMs or other exceeding applicable risk-based criteria.
This activity was performed both interim measures (2006 to 2007) and as part of the final corrective actions performed
during 2008 and 2009.
• Excavation and on-site consolidation of soils containing residual concentrations (meeting industrial/commercial levels)
of COPCs to ensure that all areas meet target risk criteria for designated future land uses. Those areas where soils have
been consolidated are subject to Activity and Use Limitations (AULs) to be specified in an Environmental Covenant and
a Site Management Plan, consistent with the risk assessment.
• Thermal treatment and removal of buildings and other infrastructure that may have contained potentially reactive
residues from historical manufacturing activities.
• Open burning/open detonation of debris removed from the facility that potentially contained reactive products or
residues.
• Backfilling of excavations and re-vegetation as applicable.
The ecological risk assessment (ERA) presented in the RFI Report has also been updated, assessing potential risks to
representative ecological receptors (e.g. plants, insects, birds, mammals). Characterization of the facility is sufficient to complete
the risk assessments and to support potential future site development and land use. The final human health and ecological risk
assessments indicate the following:
• The entire Site meets acceptable risk levels for industrial commercial use. Two specific areas of the Site require
engineered vapor controls if buildings or utilities are constructed in order to maintain this status.
• The entire Site meets acceptable risk levels for a construction worker.
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• The entire Site meets acceptable risk levels for a visitor-trespasser-recreationalist.
• The entire Site meets acceptable risk levels for an off-site resident (primarily the MTRA pathway).
• The entire Site meets the ecological risk criteria established by DEQ in the RFI Report approval.
• The vast majority of the Site (approximately 451 acres out of a total 460 acres) is suitable for unrestricted use, including
residential uses.
The Site Management Plan (Charter Oak 2009) applies only to the SWMUs or portions thereof and groundwater underlying
portions of the Site that do not meet No Further Action (NFA) criteria as defined by UAC R315-101-6(c)(1). These areas are
hereafter called Controlled Areas, are subject to the Activity Use Limitations AULs described in the SMP and Environmental
Covenants. The SMP also applies to certain features (e.g. recovery wells, pipelines, monitoring wells, etc.) supporting on-site
corrective action activities that have been implemented. Use of groundwater underlying approximately the northern half of
the Site without treatment is restricted.
All structures have been removed except for one small building near the Site entrance. The EBCo Site is currently reclaimed
land from past manufacturing operations. The sparse development consists of monitoring wells, paved and gravel roadways,
utilities (power and water), two buildings and an underground water tank.
Groundwater
Groundwater conditions have been described extensively in previously issued site-related documents, including the Corrective
Action Plan (CAP) (Charter Oak, 2002), the RFI Report and Groundwater Annual Reports and are not addressed further in this
document. Site management controls related to on-site current groundwater conditions, groundwater corrective action, and
groundwater monitoring are addressed in the SMP. These data were used to establish the AULs for "no regional groundwater
use without treatment" for a portion of the Site.
EBCo has already implemented a groundwater recovery program, beginning in 1998, to address existing on-and off-site
conditions in the regional aquifer. The CAP, approved in a January 2007 Addendum to Stipulation and Consent Order (Docket
No. GW 90-01-A) between the Utah Water Quality Board and The Ensign-Bickford Company, addresses existing conditions in
the regional aquifer and includes the operation, maintenance and monitoring requirements of groundwater recovery and
treatment facilities. DWQ has responsibility and authority to administer corrective actions for the off-site regional aquifer.
Applicable elements of the groundwater corrective action program, including operation and monitoring of on-site recovery
well R-1 and associated treatment systems are included in the SMP for the Site.
Closing
A Termination of Consent Agreement letter dated April 3, 2013 was issued to EBCo by the Division based on the corrective
action associated with the remediation activities. Because contaminants remain at the Site above concentrations that allow
unrestricted land use and unlimited exposure, the SMP was prepared and approved for the Site to achieve a risk-based closure
of the Property. Since this Site has been extensively investigated, lead by the Division and EBCo; as such, the various documents
referenced herein will not be attached, but will be referenced at the end of this document. It is understood that the UDEQ has
full access to the referenced documents.
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Site Details
Location of the Property
The Site is located in Mapleton, Utah within Sections 26, 27, 34 and 35, Township 8 South, Range 3 East, Salt Lake Base &
Meridian in Utah County, Utah. The Property consists of approximately 460 acres. According to information obtained from the
Utah County Assessor's office, the Property is situated on thirteen Tax Parcels (tax parcels 27360017, 270360031, 270370096,
270370104, 270560006, 270560045, 270560047, 270560050, 270560051, 270570001, 270570002, 270570003, and 270570010).
Current Owner
The Property is currently owned by The Ensign-Bickford Company.
Purchaser Contact
The contact for Terracom Development, LLC is:
Andy Ball
9829 South 1300 East, Suite 300
Sandy, Utah 84094.
Permit and Site Management Plan
The Property was subject to Resource Conservation and Recovery Act Part B Permit. A Stipulation and Consent Agreement No.
9412069 entered between the Division and Trojan Corporation, dated October 16, 1995. RCRA Facility Investigation Report
(Charter Oak 2007) was submitted to the Division in 2007 which was a comprehensive assessment of soil and groundwater
conditions at the Site in 2007. In May 2009, No Further Action Petitions for selected SWMUs was approved by the Division A
Site Management Plan was submitted to the Division by Charter Oak in December 2009 which defined the AULs for the Site;
including the short-term and long-term actions for the management of portions of the site and subject AULs. The Site
Management Plan is still implemented.
Permittee Status
Terracom Development, LLC is not a "permittee" under an operation plan within the meaning of Utah Code Ann. § 19-6-
108.3(1)(a)(i).
Certification Regarding Compliance
Terracom Development, LLC certifies that it has not violated any provision of the Solid and Hazardous Waste Act, Utah Code
Ann. § 19-6-101 et seq., or other environmental statute with respect to the Property.
Certification Regarding Affiliation
Terracom Development, LLC certifies that (a) none of its affiliates or agents have violated any provision of the Solid and
Hazardous Waste Act, Utah Code Ann. § 19-6-101 et seq. or any other environmental statute with respect to the Property; and
(b) it is not potentially liable or affiliated with any other person that is potentially liable for response costs at the Property
through: (i) any direct or indirect familial relationship; (ii) any contractual, corporate or financial relationship (other than a
contractual, corporate or financial relationship that is created by the instruments by which title to the facility is conveyed or
financed or by a contract for the sale of goods or services); or (iii) the result of a reorganization of a business entity that was
potentially liable.
Certification Regarding Contamination
Terracom Development, LLC certifies that it did not cause any environmental contamination on the Property. Terracom
Development, LLC further certifies that none of its affiliates or agents caused any environmental contamination on the Property.
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Use of the Property
The Property was previously the site of an explosive manufacturing plant operated by Trojan Corporation. The Property has
been remediated by the Division and The Ensign-Bickford Company, successor to Trojan, and is currently a vacant land.
Terracom Development, LLC plans to purchase the Property and develop it as a residential area. The planned uses for the site
will be consistent with the environmental laws, regulations, covenants and related obligations applicable to the Property.
Compliance with Existing and Future Access Requirements and Activity and Land Use Restrictions
Terracom Development, LLC agrees to comply with all applicable access requirements and/or activity and land use restrictions
required under the Site Management Plan and Notice of Obligations for the Property or other related, applicable
documentation.
Appropriate Care
Terracom Development, LLC agrees to exercise appropriate care with respect to hazardous substances or hazardous materials
found or suspected at the Property and what reasonable steps Terracom Development, LLC determines are necessary and
consistent with the Site Management Plan or other related, applicable documentation for the Property to: stop any continuing
release; prevent any threatened future release; and prevent or limit human, environmental or natural resource exposure to any
previously released hazardous substance or hazardous material.
Legally Required Notices
Terracom Development, LLC agrees to provide all legally required notices with respect to discovery or release of any hazardous
substances or hazardous materials at the Property.
Bona Fide Prospective Purchaser
Terracom Development, LLC has made "all appropriate inquiries" into the previous ownership and uses of the Property pursuant
to 40 CFR Part 312 and qualifies as a bona fide prospective purchaser under 42 USC § 9601(40).
Based on the foregoing, Terracom Development, LLC requests a comfort letter from the Division stating that the Division does
not anticipate: (a) taking an enforcement action against Terracom Development, LLC , for contamination that existed, or for
violations of the Utah Solid and Hazardous Waste Act, Utah Code Ann. § § 19-6-101 to -123, as amended, that occurred at the
Property prior to the time that Terracom Development, LLC acquired an ownership interest in the Property; and (b) requiring
Terracom Development, LLC to obtain a permit under the Utah Solid and Hazardous Waste Act, Utah Code Ann. § § 19-6-101
to -123, as amended, or to become responsible to fulfill The Ensign-Bickford Company's obligations under the Site Management
Plan.
We would greatly appreciate your attention to this matter at your earliest convenience as the transaction is scheduled to close
within the next couple of weeks. Thank you for your time and attention. Should you have any questions, please do not hesitate
to contact us.
Sincerely,
Scott Wheeler, PG
Environmental Manager
Wood Environment & Infrastructure Solutions, Inc.
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Reports Reviewed
Charter Oak Environmental Services, Inc., Revised May 2002, Amended August 2004, Site Investigation Summary and Corrective
Action Plan, The Ensign-Bickford Company, Spanish Fork, Utah
Charter Oak Environmental Services, Inc., May 2007, RCRA Facility Investigation Report, The Ensign-Bickford Company, Spanish
Fork, Utah
Charter Oak Environmental Services, Inc., February 2007, RCRA Interim Measures Report, The Ensign-Bickford Company, Spanish
Fork, Utah
Charter Oak Environmental Services, Inc., December 2009, RCRA Corrective Measures Implementation Report, The Ensign-
Bickford Company, Spanish Fork, Utah
Charter Oak Environmental Services, Inc., August 2010, Site Management Plan, The Ensign-Bickford Company, Spanish Fork,
Utah
Charter Oak Environmental Services, Inc., October 2010, RCRA Closure Report and Certification for Consolidation Corrective
Action Management Unit, The Ensign-Bickford Company, Spanish Fork, Utah
Wood Environmental & Infrastructure Solutions, Inc. April 2018, 2017 Ground Water Annual Report, The Ensign-Bickford
Company, Spanish Fork, Utah
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Attachment A
Phase l Environmental Site Assessment (CD)
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