Loading...
HomeMy WebLinkAboutDERR-2024-013299 Stantec Consulting Services Inc. 2890 East Cottonwood Parkway Suite 300 Salt Lake City UT 84121-7283 December 20, 2024 Project/File: 203722783 Nicole Chavez Utah Department of Environmental Quality Division of Environmental Response and Remediation 195 North 1950 West, First Floor Salt Lake City, Utah 84116 Reference: Post NFA Work – Site Closure Report Speedway Store No. 9444 (7-Eleven Store No. 47165) 874 East 1300 South, Salt Lake City, Utah Facility ID 4000765, Release Site MWK Dear Ms. Chavez, On behalf of 7-Eleven, Inc. (7-Eleven), Stantec Consulting Services Inc. (Stantec) has prepared the following report to document post no further action (NFA) work at Speedway Store No. 9444 (the Site), located at 874 East 1300 South, Salt Lake City, Utah (Figure 1). 7-Eleven acquired Speedway in 2021, and the Site is also referred to as 7-Eleven Store No. 47165. The Utah Department of Environmental Quality (UDEQ), Division of Environmental Response and Remediation (DERR) refers to the Site as Facility ID 4000765 and Release Site MWK. The scope of work documented herein is authorized by the DERR under WP&B MWK-12, which was approved on September 11, 2024. The post NFA scope documented herein included electrical supply disconnect, disassembly and removing the remediation system, remediation enclosure demolition, monitoring and remediation well abandonment, remediation piping and electrical conduit grouting and plugging, and concrete and asphalt surface restoration. Stantec contracted Pacific West Environmental (Pacific West) to complete the on-site post NFA work. Stantec provided oversite of all on-site work. A summary of post NFA work is included below. Scope of Work Electrical Service Disconnection On August 28, 2024, Stantec was on-site to document disconnection of the remediation system electrical service by Rocky Mountain Power (RMP). RMP disconnected the three-phase electrical service at the transformer and left the wiring to be removed by Pacific West. RMP removed the electrical meter and switch box from the metal H-frame. On December 10, 2024, Pacific West removed the electrical wiring from the underground conduit between the remediation enclosure and the electrical switch box and pulled the remaining wire down the electrical pole from the electrical meter base. All wire was recycled. The convenience store manager requested that the metal H-frame that supported the electrical meter and switch box be left in place to serve as a bike rack for customers. December 20, 2024 Page 2 of 4 Reference: Post NFA Work – Site Closure Report Speedway Store No. 9444 (7-Eleven Store No. 47165) 874 East 1300 South, Salt Lake City, Utah Facility ID 4000765, Release Site MWK The electrical conduit at the remediation enclosure was cut flush with the concrete pad. The remaining aboveground electrical conduits at the metal H-frame were cut below grade. Grout was gravity fed into both legs (between the metal H-frame and the remediation enclosure and between the metal H-frame and the utility pole) of the remaining underground electrical conduits. When grout daylighted at the remediation enclosure, that leg of the electrical conduit was considered effectively plugged. After a sufficient amount of grout was placed in the electrical conduit between the metal H-frame and the utility pole to fill the underground portion of that leg of the electrical conduit, it was capped underground. Stantec has submitted an additional service requested for RMP to remove the remaining above ground electrical conduit from the utility pole. Remediation Equipment Disassembly On November 26, 2024, Stantec oversaw the disassembly of the remediation system inside the remediation enclosure by Pacific West. The disassembled equipment was secured inside the remediation enclosure overnight. On November 27, Stantec and Pacific West returned to demolish the remediation enclosure and load and transport the remediation system components to be made available for the Utah State Surplus (Surplus) Property auction. The equipment could not be transported to and stored at the Surplus facility as Surplus did not have adequate employees on duty during the holiday week. As of the writing of this report, the equipment is being stored at Pacific West’s yard located at 5751 North Droubay in Erda, Utah. The equipment will be posted for auction by Surplus upon receipt of updated pricing for the skid mounted soil vapor extraction/catalytic oxidizer unit. If the equipment is not sold during the Surplus auction period, Pacific West will dispose of the equipment. If necessary, Stantec will prepare a work plan amendment to account for the additional contractor costs and disposal fees for Pacific West to dispose of the equipment. Well Abandonment On December 10 and 12, 2024, Pacific West abandoned all wells associated with the Site. All monitoring and remediation wells were abandoned under the direction of a Utah Division of Water Rights licensed well driller (Justin Health, license number 974) in accordance with the Utah Administrative Rules for Water Well Drillers, R655 4 14. Monitoring wells and the nested soil vapor well (SV-1) were abandoned by cutting the asphalt or concrete to remove the well monument, pulling the casing from the subsurface, backfilling the borehole with bentonite chips, hydrating the bentonite in place, and resurfacing with either asphalt, concrete, or grass plug as appropriate. The casing could not be fully removed from monitoring wells MW-3 and MW-7 due to breakage. Approximately the top five feet of casing were removed with the remaining casing backfilled as previously described. Soil vapor extraction (SVE) wells and the air sparge well (AS-1) were abandoned similarly to the monitoring wells except the top one foot of casings were cut and removed with the remainder of casing left in place. The remediation piping entered each remediation well approximately two feet below ground surface; therefore, the remediation well casings could not be fully removed as the remediation piping was left in place. December 20, 2024 Page 3 of 4 Reference: Post NFA Work – Site Closure Report Speedway Store No. 9444 (7-Eleven Store No. 47165) 874 East 1300 South, Salt Lake City, Utah Facility ID 4000765, Release Site MWK Remediation Piping Abandonment On December 10 and 12, 2024, Pacific West abandoned all underground remediation piping. Grout was pumped into each of the remediation pipes at the remediation enclosure concrete pad. Grout was pumped into one remediation pipe at a time until it was observed at the corresponding remediation well at which point the remediation pipe was considered effectively plugged. Off-Site Monitoring Well MW-4 As of the writing of this report, off-site monitoring well MW-4 remains in place. Stantec, 7-Eleven, and the DERR made numerous attempts to persuade the property owner at 860 East 1300 South to allow Stantec and Pacific West access to the property to complete abandonment activities for MW-4. The property owner did not approve access to their property. 7-Eleven has provided the property owner with a bill of sale and release of indemnity agreement (bill of sale) to complete in order to transfer all cost, maintenance, liability, observance of Utah laws related to the well to the property owner. A copy of the bill of sale is included as Attachment 1. Upon further communication with the property owner, it is Stantec’s opinion that they do not intend to execute the bill of sale and do intend to continue to deny access to the property. Limitations and Certification The conclusions in the Report titled Post NFA Work – Site Closure Report, Speedway Store No. 9444 (7- Eleven Store No. 47165) are Stantec’s professional opinion, as of the time of the Report, and concerning the scope described in the Report. The opinions in the document are based on conditions and information existing at the time the scope of work was conducted and do not take into account any subsequent changes. The Report relates solely to the specific project for which Stantec was retained and the stated purpose for which the Report was prepared. The Report is not to be used or relied on for any variation or extension of the project, or for any other project or purpose, and any unauthorized use or reliance is at the recipient’s own risk. Stantec has assumed all information received from 7-Eleven (the “Client”) and third parties in the preparation of the Report to be correct. While Stantec has exercised a customary level of judgment or due diligence in the use of such information, Stantec assumes no responsibility for the consequences of any error or omission contained therein. This Report is intended solely for use by the Client in accordance with Stantec’s contract with the Client. While the Report may be provided by the Client to applicable authorities having jurisdiction and to other third parties in connection with the project, Stantec disclaims any legal duty based upon warranty, reliance or any other theory to any third party, and will not be liable to such third party for any damages or losses of any kind that may result. December 20, 2024 Page 4 of 4 Reference: Post NFA Work – Site Closure Report Speedway Store No. 9444 (7-Eleven Store No. 47165) 874 East 1300 South, Salt Lake City, Utah Facility ID 4000765, Release Site MWK If you have any questions or require any additional information, please contact Anna Skinner via the contact information provided below. Sincerely, STANTEC CONSULTING SERVICES INC. Anna Skinner Project Manager Certified Consultant #0271 Phone: (801) 743-4815 anna.skinner@stantec.com Attachment: Figure 1 – Site Plan Attachment 1 – Bill of Sale and Release of Indemnity Agreement for MW-4 December 20, 2024 Figure Reference: Post NFA Work – Site Closure Report Speedway Store No. 9444 (7-Eleven Store No. 47165) 874 East 1300 South, Salt Lake City, Utah Facility ID 4000765, Release Site MWK Figure 90 0 E A S T S T R E E T TESORO STATION #62100 MW5 MW8 MW2 MW1 MW7 MW3 RW6 RW5 RW4 RW7 RW8 AS1 A 80 0 E A S T S T R E E T SHERMAN AVENUE ALLEY AL L E Y MW4 MW4 MW9 SV1 N RW3 RW2 RW1 1300 SOUTH STREET FOR: FILEPATH:C:\Users\SAguinaldo\Desktop\2024\SLC\203722783\FIG 1_TESORO STATION #62100_SITE PLAN_12-13_2024.dwg | Layout Tab: 1 | Drafter: SAguinaldo | Dec 19, 2024 at 16:38 No warranty is made by Stantec Consulting Services Inc. as to the accuracy, reliability, or completeness of these data. Original data were compiled from various sources. This information may not meet National Map Accuracy Standards. This product was developed electronically, and may be updated without notification. Any reproduction may result in a loss of scale and or information. STA AMS JPW 12/13/24 1SITE PLAN JOB NUMBER:DRAWN BY:CHECKED BY:APPROVED BY:DATE: FIGURE: 203722783.1400.1000PHONE: 2890 E COTTONWOOD PKWY, STE 300 SALT LAKE CITY, UTAH (801) 261-0090 7(625267$7,21 ($676287+ 6$/7/$.(&,7<UTAH N LEGEND: MONITORING WELL LOCATION REFERENCE: GOOGLE EARTH PRO AERIAL IMAGES AND STANTEC FIELD NOTES 0 80 160 APPROXIMATE SCALE IN FEET ABANDONED RECOVERY WELL LOCATION ABANDONED AIR SPARGE WELL LOCATION ABANDONED NESTED VAPOR WELL LOCATION A ABANDONED MONITORING WELL LOCATION N MW6 December 20, 2024 Attachment 1 Reference: Post NFA Work – Site Closure Report Speedway Store No. 9444 (7-Eleven Store No. 47165) 874 East 1300 South, Salt Lake City, Utah Facility ID 4000765, Release Site MWK Attachment 1 Stantec Consulting Services Inc. 2890 East Cottonwood Parkway Suite 300 Salt Lake City UT 84121-7283 December 19, 2024 Patrick Kenny 860 East 1300 South Salt Lake City, Utah 84105 Dear Mr. Kenny, Reference: Groundwater Monitoring Well Bill of Sale Stantec Consulting Services Inc. (Stantec) submits the enclosed Bill of Sale and Release of Indemnity document (Bill of Sale) on behalf of 7-Eleven, Inc. (7-Eleven). As you have requested, the monitoring well associated with Speedway Station #9444 located at your property (860 East 1300 South, Salt Lake City, Utah 84105) has been preserved, and this Bill of Sale acts to transfer ownership of the well from 7-Eleven to yourself. It is my understanding that a representative of the Utah Department of Environmental Quality, Division of Environmental Response and Remediation has contacted you regarding the obligations associated with your pending ownership of the groundwater monitoring well. Please contact me once you have signed and notarized the buyer’s signature page of the Bill of Sale. Stantec will return to collect the Bill of Sale from you and forward to 7-Eleven for their execution. Once the Bill of Sale is fully executed by both parties, it will be returned to Stantec for recording with the Salt Lake County Recorder’s Office. Once recorded, 7-Eleven will receive the original recorded Bill of Sale, and Stantec will provide you with a copy. Should you have any questions, please contact me at the information provided below. Sincerely, Stantec Consulting Services Inc. Anna Skinner Project Manager Phone: (801) 743-4815 anna.skinner@stantec.com Enclosure: Bill of Sale and Release of Indemnity document THIS DOCUMENT PREPARED BY AND WHEN RECORDED RETURN TO: Benjamin Nicholson 7-Eleven, Inc. Legal Department 3200 Hackberry Road Irving, Texas 75063 BILL OF SALE AND RELEASE AND INDEMNITY AGREEMENT This Bill of Sale and Release and Indemnity Agreement (this “Bill of Sale”) is executed as of _______________, 202__, by and between Patrick Kenny, with an address of 860 East 1300 South, Salt Lake City, Utah 84105, (“Buyer”), and 7-Eleven, Inc., a Texas corporation, with principal offices at 3200 Hackberry Road, Irving, Texas 75063 (“Seller”). For and in consideration of Ten Dollars ($10.00) paid by Buyer to Seller, and other good and valuable consideration, the receipt and adequacy of which is hereby mutually acknowledged, the parties hereby agree as follows: 1. Conveyance of Equipment. (a)Seller hereby grants, bargains, sells, transfers and conveys, to Buyer, its successors and assigns, all of Seller’s right, title and interest in and to any and all groundwater monitoring well(s) (the “Equipment”) located as of the Effective Date (hereinafter defined) on the property located at 860 East 1300 South, Salt Lake City, Utah 84105, and more particularly shownon Exhibit A attached hereto and incorporated herein for all purposes (the “Premises”). (b) The conveyance and transfer of the Equipment under this Bill of Sale shall be effective as of _______________, 202__ (the “Effective Date”). It is expressly understood that the Equipment constitutes all of the assets being conveyed to Buyer by Seller hereunder (the “Transferred Assets”). (c) The Transferred Assets are hereby conveyed and Buyer acknowledges that NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE TITLE, MAINTENANCE, REPAIR, CONDITION, DESIGN, COMPLIANCE WITH APPLICABLE LAWS, OR MARKETABILITY OF THE TRANSFERRED ASSETS, INCLUDING, WITHOUT LIMITATION, AS TO THE TRANSFERRED ASSETS (A) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, (B) ANY IMPLIED OR EXPRESS WARRANTY FOR A PARTICULAR PURPOSE, AND/OR (C) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OR MATERIALS, AND EXPRESSLY WAIVES, WITH RESPECT TO THE TRANSFERRED ASSETS, ANY AND ALL CLAIMS OF ANY KIND OR NATURE, IN LAW OR EQUITY WITH RESPECT TO (A) THE FOREGOING, (B) ANY RIGHTS OF BUYER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, AND/OR (C) ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN, WITH RESPECT TO SUCH Store No. 47165– Bill of Sale and Release and Indemnity Agreement ClarkHill\F7668\407849\279958834.v1-12/12/24 TRANSFERRED ASSETS, IT BEING THE EXPRESS INTENTION OF SELLER AND BUYER THAT THE TRANSFERRED ASSETS ARE HEREBY AND CONVEYED AND TRANSFERRED TO BUYER IN THEIR PRESENT CONDITION AND STATE OF REPAIR, “AS IS” AND “WHERE IS,” “WITH ALL FAULTS”; (d)Buyer assumes all risks and liability whatsoever resulting from the (a) possession, ownership, use, storage, installation, destruction, or other disposition of the Equipment, whether singly or in combination with any other property (collectively, the “Use”) and/or (b) failure to properly register and/or otherwise comply fully with all federal, state, and local laws and regulations with respect to the Use thereof, in each case occurring after the date hereof and whether or not such act was done by Buyer or any other person or entity, including any tenant of Buyer or subsequent purchaser of such Equipment; and (e)It is expressly understood that Buyer is solely responsible for the maintenance and upkeep of the Equipment, and Seller shall have no responsibility whatsoever for such maintenance and upkeep. 2. Release and Indemnity. a.Covenants Running With The Land. BY ITS ACCEPTANCE OF THIS BILL OF SALE, BUYER AGREES AS FOLLOWS that subsections 3(a) through 3(c) below SHALL be covenants running with the land and shall be binding upon Buyer and its subsidiaries, legal representatives, heirs, successors and assigns, as applicable, INCLUDING, BUT NOT LIMITED TO, FUTURE OWNERS OF ALL (OR ANY PORTION) OF THE PREMISES, and inure to the benefit of Seller and its subsidiaries, legal representatives, heirs, successors and assigns, as applicable. The intention of Buyer and Seller is that said covenants shall last in perpetuity. If requested by Seller, Buyer or the then owner(s) of the Premises, by its acceptance of the Premises subject to this Bill of Sale, agrees to execute such documentation or take such action as Seller may reasonably request to confirm or otherwise give effect to such covenants. b. Waiver and Release. Buyer hereby waives, relinquishes and releases the Seller from all costs by reason of or related to the Equipment. It is understood and agreed that the consideration recited herein reflects the allocation of risk set forth in this subsection. c. Indemnity. Buyer agrees that it shall indemnify and hold Seller harmless from and against any and all liability, damage, expense, causes of action, suits, claims, or judgments, including reasonable attorneys’ fees, resulting from the actual or alleged failure to comply with governmental requirements or from death or bodily injuries to persons or damage to property, which arise out of the Use of or are related to the Equipment after the Effective Date. SUCH INDEMNITY SHALL BE WITHOUT REGARD TO THE NEGLIGENCE (WHETHER SOLE, CONCURRENT, COMPARATIVE, ACTIVE, PASSIVE, OR GROSS), STRICT LIABILITY OR OTHER FAULT OF SELLER. Buyer’s obligations in this Section 3 shall not be negated or reduced by virtue of Buyer’s insurance carrier’s denial of insurance coverage for any indemnifiable claim(s) or by Buyer’s insurance carrier’s refusal to defend Buyer or Seller. Store No. 47165 – Bill of Sale and Release and Indemnity Agreement ClarkHill\F7668\407849\279958834.v1-12/12/24 3.Satisfaction of Obligations. Buyer hereby acknowledges and agrees that this Bill of Sale shall fully satisfy all of Seller’s obligations to Buyer under any previously executed access or indemnity agreement (“Seller’s Obligations”). 4.General Provisions. (a)This Bill of Sale constitutes the entire agreement and supersedes all other prior agreements or understandings, whether written or oral, between the parties hereto with respect to the subject matter hereof. (b) This Bill of Sale shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) The parties represent that they have read this Bill of Sale, reviewed it with their respective counsel, and understand its contents. Accordingly, the parties hereby agree that any and all rules of construction to the effect that ambiguity is construed against the drafting party shall be inapplicable in any dispute concerning the terms, meaning, or interpretation of this document. (d) The parties agree and acknowledge that they have been advised by, or had the opportunity to be advised by, separate legal counsel in connection with this Bill of Sale and that they have made all such investigation into matters pertaining to this Bill of Sale as they have deemed necessary or appropriate. (e) The laws of the State of Utah, without giving effect to its conflict of law principles, shall govern the validity of this Bill of Sale, the construction of its terms and the interpretation of the rights and duties of the parties hereunder. (f) This Bill of Sale may be executed in one or more counterparts, which together shall constitute a single instrument. (g) In the event that any portion of this Bill of Sale is adjudged to be void or unenforceable by a court of competent jurisdiction, that portion shall be severable from the remainder of the Bill of Sale, and the remainder shall continue in full force and effect. [Remainder of Page Intentionally Left Blank. Signature Page Follows.] Store No. 47165 – Bill of Sale and Release and Indemnity Agreement ClarkHill\F7668\407849\279958834.v1-12/12/24 Store No. 47165– Bill of Sale and Release and Indemnity Agreement ClarkHill\F7668\407849\279958834.v1-12/12/24 IN WITNESS WHEREOF, this Bill of Sale has been executed to be effective as of the Effective Date. ATTEST: By:________________________________ Name:______________________________ Title: ______________________________ SELLER: 7-ELEVEN, INC. By: _____________________________________ Name: ___________________________________ Title: ____________________________________ STATE OF TEXAS § § COUNTY OF ____________ § BEFORE ME, the undersigned, a Notary Public in and for the County and State aforesaid, on this day personally appeared _________________________________________________ as ____________________________________________ of 7-Eleven, Inc., personally known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that the same was executed as the act of such corporation for the purposes and consideration therein expressed and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this ___ day of _________, 20__. __________________________________ Notary Public My Commission Expires:______________ Store No. 47165– Bill of Sale and Release and Indemnity Agreement ClarkHill\F7668\407849\279958834.v1-12/12/24 IN WITNESS WHEREOF, this Bill of Sale has been executed to be effective as of the Effective Date. BUYER: By: _____________________________________ Name: ___________________________________ Title: ____________________________________ STATE OF _________________ § § COUNTY OF ______________ § BEFORE ME, the undersigned, a Notary Public in and for the County and State aforesaid, on this day personally appeared _________________________________________________ as ____________________________________________ of ________________, personally known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that the same was executed as the act of such Trust for the purposes and consideration therein expressed and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this ___ day of _________, 20__. __________________________________ Notary Public My Commission Expires:______________ Store No. 47165– Bill of Sale and Release and Indemnity Agreement ClarkHill\F7668\407849\279958834.v1-12/12/24 EXHIBIT A Groundwater Monitoring Well Location Map FOR: No warranty is made by Stantec Consulting Services Inc. as to the accuracy, reliability, or completeness of these data. Original data were compiled from various sources. This information may not meet National Map Accuracy Standards. This product was developed electronically, and may be updated without notification. Any reproduction may result in a loss of scale and or information. STA 1SITE PLAN DRAWN BY:CHECKED BY:APPROVED BY:DATE: FIGURE: JOB NUMBER: PHONE: 2890 E COTTONWOOD PKWY, STE 300 SALT LAKE CITY, UTAH (801) 261-0090 SPEEDWAY STATION #9444 874 EAST 1300 SOUTH SALT LAKE CITY, UTAH 1300 SOUTH N LEGEND: MONITORING WELL LOCATION MW-4 90 0 E REFERENCE: GOOGLE EARTH PRO AERIAL IMAGES AND STANTEC FIELD NOTES 0 50 100 APPROXIMATE SCALE IN FEET 860 EAST 1300 SOUTH SPEEDWAY STATION #9444 AMS 12/13/2024