DERR-2024-010363

Enforceable Written Assurance Application
DEQ/DERR 08/19 1 4866-0818-4880

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
Enforceable Written Assurance Application - Bona Fide Prospective Purchaser
This is an application for an Enforceable Written Assurance (EWA) as a bona fide
prospective purchaser under the Hazardous Substances Mitigation Act (Act). The EWA is
issued by the Executive Director of the Utah Department of Environmental Quality (DEQ).
The application will be processed by the Division of Environmental Response and
Remediation (DERR). Complete all sections and submit the application to the DERR.
Please submit the application well in advance of acquiring, developing or occupying the
property. The Applicant must meet all the requirements of the Act and supporting
regulations.

Site Name: 3715 Tracy Hall Parkway (“Property”)
Address: See Property description in the Phase I Environmental Site Assessment
(Attachment A)
City: Wasatch and Summit County State: Utah Zip Code:
Property Size (acres): 9.828 acres
Property Tax Identification Number(s): See excerpt from title commitment for the
Property including legal description and tax ID No. (Attachment B).

Applicant: (A person who has applied to receive an EWA based upon his status as a
bona fide prospective purchaser). The Applicant is responsible for payment of DEQ
costs of review. Provide the legal name of the entity for which the EWA is being
requested. Additional applicants are required to complete a separate application.

Applicant: NV1 LHM VESTA LLC
Contact Person: Jeff Grasso
Address: 3874 E Little Cottonwood
Lane

City: Sandy State: UT Zip Code: 84092
Phone [phone] E-mail Address [e-mail]
Applicant is: ( ) Individual ( X ) Business
Property Information
Applicant
Enforceable Written Assurance Application
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Is the Applicant currently registered to conduct business in the State of Utah? YES
Type of Business: ( ) Corporation (x ) LLC ( ) Sole Proprietorship
( ) General Partnership ( ) Limited Partnership
Entity Number and State of Creation*: NV1 LHM VESTA LLC is a Delaware limited
liability company registered to do business in Utah (14074872-0161) (See Attachments
C1 and C2)
*Must include proof of current business registration and general information concerning
the applicants affiliates as an attachment
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1. Has the DEQ and/or EPA had any involvement with the property or the Applicant? YES
Explanation below:

UDEQ has been involved with the Property overseeing remediation-related activities,
culminating with UDEQ’s issuance of a Certificate of Completion in 2008 (“Ironton
Voluntary Cleanup Site, VCP # C006, Bounded on North by Ironton Boulevard, South by
US Route 75, East by US Route 89, west by the Union Pacific L.A. and S. L. Railroad
Interchange Yard, Provo, Utah 84603”). (See Attachment D).

Does the Applicant represent that it qualifies as a bona fide prospective purchaser as defined
under the Hazardous Substances Mitigation Act? Yes. (Information included with this application must document that the Applicant meets and will continue to meet the bonafide prospective purchaser requirements).

2. Please include a statement and information that demonstrates the Applicant has not
caused or contributed to the contamination on the property or the site and is otherwise
eligible for an Enforceable Written Assurance.

The Applicants have not caused or contributed to any contamination discovered on the
Property. The Phase I Environmental Site Assessment (Attachment A) identifies historical
steel manufacturing activities as the cause of any contamination on the Property. The
applicants are prospective purchasers who have had no prior involvement with the Property
and no affiliation with the steel companies that operated the site, or other entities affiliated
with the steel companies that operated the site.

Owner(s): Stag Industrial Holdings, LLC
Contact Person: Harry Kutner
Address: 1 Federal Street, 23rd Floor
City: Boston State: MA Zip
Code: 02110
Phone: E-mail address:

Name and Relationship to Applicant: Michael Ford, attorney for Applicant
Organization: Snell & Wilmer L.L.P
Address: 1 E. Washington
City: Phoenix State: Arizona Zip Code: 85004
Applicant Information
Current Property Owner
Other Contacts
Enforceable Written Assurance Application
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Phone [phone] E-mail address [e-mail]

In this section, please identify:

Historical and Current Land Uses: The majority of the site is located within the southern
portion of the former 385-acre Ironton Voluntary Cleanup Program (VCP) site. Columbia
Steel Corporation built an iron production plant in 1923, and the first pig iron was
produced in May 1924. Columbia operated until 1930, when the company was acquired by
the US Steel Corporation (USS), which operated until 1962. At the time of closure, the
plant consisted of two blast furnaces, a sintering plant, a pig machine, gas holder, power
station with a boiler house and steam tower, cooling tower, compressor building, hammer
mill, storage tanks, offices, and supporting facilities. No Ironton structures were present on
the site; however, the site was located in an area were slag (a by-product of metal refining)
was deposited in a large pile over time. According to regulatory documentation, slag at the
site ranged in thickness from 10 to 25 feet. Evidence of the slag dumping is visible in
aerial photographs and depicted on topographic maps through 1985. By the mid-1990s, the
site appeared to have been graded and consisted of vacant land. The site remained
relatively unchanged through 2020, when the site was graded an additional time, and
developed with a 177,000 sq ft light-industrial warehouse structure with pavement
surrounding.

Proposed Future Land Use: The Applicants intend to use the Property for light
industrial warehouse purposes.

Historical and Current Ownership and Operator Information: Columbia Steel
Corporation built an iron production plant in 1923. Columbia operated until 1930, when the
company was acquired by the US Steel Corporation (USS), which operated until 1962.
USS, the City of Provo and the Provo Redevelopment Agency entered the Ironton Site into
the Voluntary Cleanup Program in 1995, and a Certificate of Completion was issued in
2008. The Property was developed with a warehouse in 2020 and acquired by Stag
Industrial Holdings in 2021, the current owner.

1. Please indicate the date the Applicant plans to acquire ownership or take control of the
property (Note: The DERR will not evaluate a bona fide prospective purchaser’s EWA
application under the Act after an applicant has acquired an interest in the property, so the
application should be filed well in advance of the closing date, title transfer, lease, etc.
The DERR offers pre-application meetings to discuss the EWA process, including current
review timeframes, so please contact the VCP/Brownfields coordinator for more
information).
The Applicants plant to close on acquiring the Property on or about August 8, 2024.
Land Uses and Owner/ Operator Information
Property Acquisition Date
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1. Does the Applicant represent that it has made All Appropriate Inquiries into the
previous ownership and uses of the property before acquisition in accordance with the
regulations promulgated by the EPA for All Appropriate Inquiries, 40 CFR 312? Yes.
(See optional DEQ/DERR AAI Checklist)

Is the Phase I Environmental Site Assessment included with the Application? Yes- See
Attachment A.

1. Has information been provided to demonstrate compliance with the Evaluation Principles
in Utah Administrative Code R311-600? Yes. The Property/Applicants meet the criteria of
R311-600-3(a)(3) and (b).
(See optional DEQ/DERR EWA Checklist)

1. Has the Applicant provided all legally required notices with respect to the discovery
or release of any hazardous substances or hazardous materials at the property and does
the Applicant represent that it will to continue to provide all legally required notices
with respect to the discovery or release of any hazardous substances or hazardous
materials at the property?
Yes. Applicants are not responsible for any past releases of any hazardous substances
or hazardous materials at the Property. Accordingly, they are not currently subject to any notice
requirements with respect to the discovery or release of any hazardous substances or hazardous
materials at the Property. The majority of the Property has also been remediated via the VCP
and received a COC in 2008. However, Applicants will ensure that all legally required notices
with respect to the discovery or release of any hazardous substances or hazardous materials on the
Property are provided if any additional sampling or characterization information becomes available
either before or after Applicants take possession of the Property.

2. Does the Applicant represent that it will provide full cooperation, assistance, and
access to persons that are authorized to conduct response actions or natural resource
restoration at the property (including the cooperation and access necessary for the
installation, integrity, operation, and maintenance of any complete or partial response
actions or natural resource restoration at the property)?

Yes. Applicants will provide full cooperation and reasonable access to persons that
are authorized to conduct response actions or natural resource restoration of current
conditions at the Property.

3. Does the Applicant represent that it will comply with any land use restrictions
established or relied on in connection with the response action at a vessel or facility
All Appropriate Inquiries
Evaluation Principles
Continuing Obligations
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and will not impede the effectiveness or integrity of any institutional control employed
at the vessel or facility in connection with a response action?

Yes. Applicants will comply with any land use restrictions established or relied on in
connection with a response action related to current conditions at the Property and will
not impede the effectiveness or integrity of any institutional control employed at the
property in connection with such response action.

4. Does the Applicant represent that it will comply with any request for information or
administrative subpoena issued by the Department under the Environmental Quality
Code?

Yes. Applicants will comply with any request for information or administrative subpoena
issued by the Department under the Environmental Quality Code regarding current
conditions at the Property.

5. Describe and support in detail below or as a separate attachment to this application
what the Applicant plans to do to exercise appropriate care with respect to hazardous
substances or hazardous materials found or suspected at the property and, in
particular, what reasonable steps the Applicant has determined are necessary to:
a) Stop any continuing releases;
b) Prevent any threatened future releases; and
c) Prevent or limit human, environmental, or natural resource exposure to any
previously released hazardous substance or hazardous material.
In general, Applicants propose to take the following “reasonable steps" to prevent any
threatened future release and to prevent human, environmental, or natural resource exposure: (1)
no use of shallow ground water; (2) refrain from using the Property in a manner that would
likely interfere with or adversely affect the implementation, integrity, or protectiveness of the
remediation measures performed pursuant to the VCP; (3) grant access to the Property for
purposes of remediation activities by USS, the State of Utah, and the City of Provo. In
addition, UDEQ issued an EWA letter to the current owner/ previous purchaser of the Property dated
August 11, 2021, which we believe should serve as the template for the EWA letter requested by the
Applicants. (See Attachment E ).

1. Does the Applicant propose to complete additional characterization and response
actions through the VCP to meet the Evaluation Principles and satisfy its due care and
reasonable steps obligations as a bona fide prospective purchaser? ☐Y X N
No. Most of the Property is covered by the COC issued by UDEQ in 2008. Further response actions
under the VCP do not appear warranted or necessary for Applicants to fulfill reasonable steps obligations as
a bona fide prospective purchaser.

Voluntary Cleanup Program
Enforceable Written Assurance Application
DEQ/DERR 08/19 7 4866-0818-4880

The Applicant must submit the following information to meet the requirements of
the Site Eligibility Report (Utah Administrative Code R311-600-4):

a. The results of the Applicant’s All Appropriate Inquiry, including a detailed discussion
of each specific activity required by Standards and Practices for Conducting All
Appropriate Inquiries under the Comprehensive Environmental Response,
Compensation, and Liability Act, 40 CFR 312.
Has the information been provided? Yes. (See Attachment A).

b. Sufficient information demonstrating compliance with the principles in Utah
Administrative Code R311-600-3, including information identifying whether the release
is on-going or likely to be on-going.
Has the information been provided? Yes. The Property/Applicants meet the criteria of R311-
600-3(a)(3) and (b). (See Attachments A, D).

c. Laboratory analytical results from environmental media sampled at the site.
Has the information been provided? Yes. (See Attachment A).

d. Proposed reasonable steps to mitigate potential risk to human health and the
environment based on present and future intended land use, including utility corridors.
Has the information been provided? Yes. (See Attachments D, E).

e. A description of activity and use limitations or engineering controls and how the
limitations or controls will be enforced over time.
Has the information been provided? Yes. (See Attachments D, E).

1. A Bona Fide Prospective Purchaser cannot be:
a) Potentially liable or affiliated with any other person (e.g., owner, former operator)
that is potentially liable, for response costs at the property through:
(i) Any direct or indirect familial relationship; or
(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
b) The result of a reorganization of a business entity that was potentially liable.

Is the Applicant affiliated with another party who is potentially liable as described above?
No.

The Applicant must submit with this application a fee in the amount of $500.00 made
payable to: Utah Department of Environmental Quality. The DEQ will bill for any costs
Site Eligibility Report
Applicant Affiliation
Application Fee and Billing Information
Enforceable Written Assurance Application
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that exceed the initial application fee in accordance with the DEQ’s approved fee
schedule. By signing this application, the Applicant agrees it will reimburse the DEQ
for any costs in excess of the application fee whether or not the EWA is issued (Utah
Administrative Codes R311-600-10 and R311-600-13).

Name(s) Michael Ford

Organization Snell & Wilmer (on behalf of NV1 LHM VESTA LLC )

Address 1 E. Washington

City Phoenix State AZ Zip Code 85004

Phone [phone] E-mail address [e-mail]

Application Information Please execute the application in the space below and submit it to:

Utah Department of Environmental Quality
Division of Environmental Response and Remediation
Attention: Brownfields/Voluntary Cleanup Program
Coordinator 195 North 1950 West
Salt Lake City, Utah 84116

Correctness of Information
The undersigned is knowledgeable of the representations made in this application and the
supporting documentation and affirms that the representations are true and accurate. All
signatures must be original on the application. The undersigned acknowledges that untrue
or misleading representations or omissions in the application and supporting
documentation render the Enforceable Written Assurance void.

Enforceable Written Assurance Application
DEQ/DERR 08/19 9 4866-0818-4880
Authority to Sign
The undersigned represents that he/she is legally authorized to sign this application. If
the Applicant is a Corporation, a corporate officer must sign the application; if the
applicant is a Limited Liability Corporation; a managing member must sign the
application; if the Applicant is a Sole Proprietorship, the owner must sign the
application; if the Applicant is a Partnership, the primary partner must sign the
application and if the Applicant is an individual, the Applicant must sign the
application.
Signature Name Jeff Grasso
Date July 8, 2024 Title
Company NV1 LHM VESTA LLC
Phone [phone]
Business Address 3874 E Little Cottonwood
Lane
City, State, Zip code Sandy, UT 84092
The Following Enclosures are Included with the EWA Application:
●Exhibit “A” – Phase I ESA Report
●Exhibit “B” - Legal Property Description
●Exhibit “C1” and “C2” – Business registrations
●Exhibit “D” – 2008 Certificate of Completion for the Ironton Site
●Exhibit “E” – 2021 EWA Letter for the Property
Manager