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
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TESORO STATION
#62100
MW5 MW8
MW2
MW1
MW7
MW3
RW6 RW5
RW4
RW7
RW8
AS1
A
80
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SHERMAN AVENUE
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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