DERR-2024-009703

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah
SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION

Brent H. Everett
Director
ERRL-0332-24
August 7, 2024

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Adam Hughes
Lotus Advantage City Walk, LLC
338 East South Temple, Suite B
Salt Lake City, Utah 84111

Re: Subsurface Investigation Reporting and Requirements
Lotus Advantage City Walk Project, located at 2220 South 240 East, Ogden, Utah
Facility Identification No. 1200687, Release Site OLA

Dear Mr. Hughes:

A release of petroleum from a petroleum storage tank (PST) at the above-referenced site
was reported on July 25, 2024, to the Division of Environmental Response and Remediation
(DERR) based on a report of petroleum contamination associated with an orphan tank removal.
According to Utah Administrative Code R311-202, you are required to report, control, abate, and
characterize the release by defining the extent and degree of petroleum contamination and remediate
(clean up) the release. These regulations require that you prepare specific reports addressing the
release and submit them to the DERR within specified time frames following the release.

Your project manager has reviewed the release report information and has recommended
that additional investigation work is required. The project manager relied on the information
provided and did not conduct an independent investigation of the facility. The intent of performing
the investigation is to define the extent and degree of subsurface petroleum contamination and
evaluate the potential risks to human health and the environment. A Subsurface Investigation Report
(SIR) outlining the results of the investigation must be submitted to the DERR within 90 days of
your receipt of this letter.

Requirements for an SIR are detailed in the Leaking Underground Storage Tank (LUST)
Subsurface Investigation Report Guide (May 2014), which can be found on our website:
https://documents.deq.utah.gov/environmental-response-and-remediation/ust-lust/leaking-undergr
ound-storage-tanks-remedial-assistance/lust-subsurface-investigation-report-guide.pdf.
Facility ID# 1200687
Page 2
If you hire a consultant to perform work related to this release, they must be a Certified
Underground Storage Tank (UST) Consultant (Utah Admin. Code R311-201-2).
Upon submitting your SIR, the investigation results will be evaluated to determine whether
no further action (closeout) is needed or if additional work is necessary. This additional work may
include additional investigation activities, conducting cleanup, implementing environmental
monitoring and/or performing a risk assessment.
During the 2014 Utah Legislative Session, Section 19-6-420(10)(a) of the UST Act was
amended to allow the DERR to recover certain expenses incurred by the DERR for petroleum
releases not covered by the Petroleum Storage Tank Trust Fund. The DERR’s expenses for
managing and overseeing the abatement, investigation or corrective action will be billed quarterly
to the responsible party. These expenses will be billed at a rate set by the Utah Legislature for
oversight and review, currently $125.00 per hour. Payment will be due within 30 days from the
billing. Certain factors may be considered by the Division Director when determining whether to
recover these management and oversight costs. If the responsible party can demonstrate an inability
to pay, the Division Director may grant an exemption from paying these expenses. You may contact
us to request an application for exemption, if needed.

If you have any questions regarding this matter, please contact Mark Crim, the DERR
project manager, at [phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/MEC/rr

cc: Brian Cowan, B.S., M.P.H., Director, Weber-Morgan Health Department
Scott Braeden, Environmental Health Director, Weber-Morgan Health Department
Greg Neville, Pacific West Environmental and Infrastructure