DSHW-2018-005603 - 0901a068808500c7

DSHW-2018-005603 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
July 12, 2018
Andy Hall
Terracom Development, LLC 9829 South 1300 East, Suite 300 Sandy, Utah 84094
RE: Request for Comfort Letter for Terracom Development, LLC
The Ensign-Bickford Company Property 8305 South Highway 6, Mapleton, Utah Dear Mr. Hall:

This letter is written in response to the revised letter of June 19, 2018 that was prepared by Wood Environmental and Infrastructure Solutions requesting a “Comfort Letter” for Terracom Development LLC (Terracom) concerning its acquisition of certain parcels of the Ensign-Bickford property which encompasses 460 acres of land and is located at approximately 8305 South Highway 6 in Mapleton,
Utah (Property).
The June 19, 2018 letter states that Terracom is under contract to purchase or plans to purchase the Property to develop it as a residential project.
I infer from the June 19, 2018 letter that Terracom was not responsible for causing contamination at the
Property it intends to purchase. I understand that Terracom and future owners of subdivided parcels are committed to take reasonable steps to stop continuing releases, prevent threatened future releases and prevent or limit human, environmental or natural resources exposure to earlier releases. I further understand from the June 19, 2018 letter that Terracom and future owners of subdivided parcels are also committed to complying with access requirements, notification requirements and activity and land use
restrictions, survey marker inspection and maintenance for each Controlled Area and other applicable long-term management controls required under the approved Site Management Plan and the recorded Environmental Covenants. This comfort letter is based on my inference and understanding. If either of these proves unfounded, I will rescind this comfort letter.
Based on the information I have concerning this property and Terracom’s relationship to it, including the June 19, 2019 letter prepared by Wood Environmental and Infrastructure Solutions and the previous
RCRA Facility Investigation and corrective action reports for this site, I do not expect to require
Terracom to obtain a permit under the Solid and Hazardous Waste Act. I do not anticipate taking an enforcement action against Terracom for contamination that existed, or for violations that occurred at the Property prior to the time Terracom acquires an interest in it. However, I may initiate enforcement proceedings or take other action in accordance with Utah law if circumstances at the Property change or
if additional information makes such action appropriate.
This letter is provided solely for informational purposes and does not limit my authority to enforce those Utah laws for which I have responsibility at the Property. It is not a determination that no further action is necessary at the Property; nor is it a release of liability.

If you have any questions, please call Raymond Wixom at [phone] or Brad Maulding at [phone]. Sincerely,

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

STA/HZ/km c: Ralph Clegg, EHS, MPA, Health Officer, Utah County Health Department Bryce C. Larsen, MPA, LEHS, Environmental Health Director, Utah County Health Department
Amy Hensley, EPA Region 8
Hal Jaussi, The Ensign-Bickford Company Scott Wheeler, Wood Environmental and Infrastructure Solutions, Inc. Bill Rees, Division of Environmental Response and Remediation, UDEQ