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HomeMy WebLinkAboutDERR-2025-001529 Voluntary Cleanup Program Application – January 2022 1 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY VOLUNTARY CLEANUP PROGRAM APPLICATION Complete this application to apply and request assistance, review and oversight from the Utah Department of Environmental Quality (DEQ), through the Division of Environmental Response and Remediation (DERR) under the Voluntary Cleanup Program (VCP), pursuant to Title 19, Chapter 8 of the Utah Code. All applications will be reviewed to determine program eligibility. Incomplete or inaccurate applications may be rejected pursuant to Utah Code § 19-8-106. Please call (801) 536-4100 should you have any questions concerning the completion of this application. Property Information: Site Name Address City State Zip Code Property Size (acres) Property Tax Identification Number(s) Legal Description and Site Map are required with the Environmental Assessment Applicant: (The Applicant is the person who submits an application to participate in a Voluntary Cleanup Agreement or who enters into a Voluntary Cleanup Agreement with the Executive Director or the Executive Director’s designee. The term “Applicant,” whether in upper or lower case, includes both the singular and the plural. Additional Applicants should complete the Additional Applicants Form attached to this application. Applicants are jointly and severally responsible for payment of DEQ costs for review and oversight.) Applicant Contact Person Title________________________________ Address City State Zip Code Phone Email Address Applicant is: ( ) Individual ( ) Business Is the Applicant currently registered to conduct business in the State of Utah? ☐Y ☐N Type of Business: ( ) Corporation ( ) LLC ( ) Sole Proprietorship ( ) General Partnership ( ) Limited Partnership Entity Number and State of Creation*: *Must include proof of current business registration. The Other Side Village (TOSV) Phase 2 1882 West Indiana Avenue Salt Lake City Utah 84104 29.137 Portions of 15101010010000 and 15033510030000 The Other Side Academy Tim Stay Chief Executive Officer 667 East 100 South Salt Lake City Utah 84102 801-362-8998 tim@theothersideacademy.com X X X 9475616-0140, Utah Voluntary Cleanup Program Application – January 2022 2 Current Property Owner, if Different from the Applicant: Owner(s) Contact Person Title________________________________ Address City State Zip Code Phone Email address Other Contacts (i.e., Consultants/Attorneys): Name(s) Title________________________________ Organization Address City State Zip Code Phone Email address Property Use and Operator Information: Current Property Use(s): Proposed Property Use(s): Previous Property Use(s) and Operator Information: Vacant former landfill The Other Side Village (TOSV) Phase 2 Tiny Homes Community for Unsheltered Individuals The property was formerly a portion of the Redwood Road Dump Comprehensive Environmental Response, Compensation, and Liability Act (CERCLIS) facility (Facility ID UTD980961502), a historical municipal landfill that accepted waste from 1923 to 1962. In the late 1970s, the landfill was bisected by the construction of Interstate 215 (I-215), creating a West Pile and an East Pile. Since the development of I-215, Salt Lake City has used portions of the East Pile and surrounding land for processing green waste. Salt Lake City Corporation Terracon Consultants, Inc. Amy Austin Catherine Wyffels Program Manager 451 South State Street, Room 404 Salt Lake City Utah 84114 385-418-4803 catherine.wyffels@slcgov.com Environmental Department Manager 6952 South High Tech Drive, Suite B Midvale Utah 84047 amy.austin@terracon.com801-913-8072 Voluntary Cleanup Program Application – January 2022 3 Involvement with Other Regulatory Programs: Please describe all prior/current contact with local, state and/or federal regulatory programs or agencies which relates to the environmental condition of the property. Discuss any orders, permits, notices of violations, inspections or other oversight activities. Please also indicate if there have been no contacts with other agencies. Please provide all state and federal identification numbers related to the property in question, including any solid waste, Underground Storage Tank, CERCLA (e.g., SEMS), and RCRA (e.g., RCRIS) registration numbers which have been assigned. Please also indicate if there are no assigned numbers. Eligibility in the VCP- In accordance with Title 19, Chapter 8, any site is eligible for participation in the VCP except: 1) a treatment, storage, or disposal facility regulated under 42 U.S.C. 6901 et seq; 2) that portion of a site that is on the National Priorities List; and 3) any portion of a site for which an administrative, state, or federal enforcement action is existing or pending against the applicant for remediation of contaminants described in the application. Does the Site meet any of the three exceptions listed above? ☐Y ☐N If yes, please explain: Environmental Assessment: In accordance with Utah Code § 19-8-107(2)(e) and (3), an Environmental Assessment (EA) must be included with this application and contain: 1. a current legal description of the site; 2. the physical characteristics of the site; 3. the operational history of the site, to the extent the history is known by the Applicant; X Several site investigations have been conducted since the 1970s. In 1992, further investigation was requested under the CERCLA. Several DERR investigations have been conducted since then, including an SIP, SRA, and ESI. An NFRAP was issued in 2018. UTD980961502 Voluntary Cleanup Program Application – January 2022 4 4. information that the Applicant is aware of concerning the nature and extent of any relevant contamination and/or release at the site and immediately contiguous to the site, and where the contamination is located; and 5. relevant information Applicant is aware of concerning the potential for human and environmental exposure to contamination at the site. Please include all information supporting the EA. Applicant’s Intended Response Action Objectives: ___ Not known at this time. Applicant wishes to receive guidance from VCP staff. ___ Cleanup to Background. ___ Cleanup to Generic Risk-Based Levels (may require a Site Management Plan and Environmental Covenant). ___ Cleanup to Site Specific Risk-Based Levels not relying on engineering or institutional controls (may require a Site Management Plan and Environmental Covenant). ___ Cleanup to Site Specific Risk-Based Levels which rely on engineering or institutional controls (may require a Site Management Plan and Environmental Covenant). ___ Other (explain) Intent to Participate: The Applicant requests oversight by DEQ of investigation and cleanup activities relating to possible contamination at the property described above and intends to enter in good faith a written agreement with DEQ to provide oversight under the VCP. This application does not constitute such an agreement, and neither DEQ nor the Applicant will be bound to proceed with the voluntary cleanup unless a Voluntary Cleanup Agreement (VCA) is executed. The Applicant should be aware, that in order for DEQ to issue a Certificate of Completion for an entire site, the Applicant must provide adequate information to document that the entire site meets the applicable standards. As an alternative, the Applicant may pursue a Certificate of Completion for only a portion of the site, as a partial response action area. The DEQ issues only one Certificate of Completion per site. The VCA will describe the project activities of each party. The DEQ will not proceed with the project, other than establishing program eligibility, until the VCA is executed. With this application, the Applicant does not admit or assume liability for investigation or cleanup of the site. In addition, the Applicant may terminate the application at any time as allowed by statute. If the application is rejected, the DEQ will follow the procedures in Utah Code § 19-8-106. X Please refer to previously-submitted information for TOSV Phase 1. Voluntary Cleanup Program Application – January 2022 5 Application Fee and Billing Information: The Applicant must submit with this VCP application an application fee in the amount of $2,500.00. The DEQ also bills for agency oversight of the work to be conducted under the VCA. This cost is in addition to the application fee. Both the application fee and DEQ’s hourly rate are outlined in the Agency’s approved Fee Schedule. Invoicing for the voluntary cleanup should be directed to the person listed below: Name(s)__________________________________Title_________________________________ Organization______________________ Phone ( )_______________ Email ________________ Address_______________________________________________________________________ City______________________________ State______________ Zip Code__________________ Submit the Application and Fee: Electronic: The application fee may be paid on the DEQ/DERR’s on-line payment portal shopping cart. In this scenario and in lieu of mailing the VCP Application, the DEQ can accept an electronic submission. The Applicant may submit the application, supporting documents (PDF preferred) and a copy of the application fee payment to the VCP Program Manager at: brees@utah.gov. In Person Delivery, U.S. Mail, etc.: Please submit the fee and supporting information to: Attention: Voluntary Cleanup Program UDEQ/DERR P.O. Box 144840 Salt Lake City, Utah 84114 Applicant’s Signature: Correctness of Information, Authorization to Sign and Financial Capability The undersigned affirms that the information contained in this application is true and accurate to the best of their knowledge. The undersigned represents that he/she is legally authorized to sign the application. By completing and signing this application, the undersigned affirms the Applicant's financial capability to assess the site, perform the cleanup, manage institutional controls and pay all costs, as allowed by statute, for the DEQ’s oversight. By:__________________________________Name:___________________________________ (signature of authorized representative) (print or type) Date:________________________________Title:_____________________________________ Company:____________________________Phone: ( )________________________________ The Other Side Academy Tim Stay Chief Executive Officer 801-362-8998 tim@theothersideacademy.com 667 East 100 South Salt Lake City 84104Utah Tim Stay Chief Executive Officer 801-362-8998The Other Side Academy псҝпцҝспсф Voluntary Cleanup Program Application – January 2022 6 Enclosures: ● Application Fee Receipt ☐Y ☐N ● Environmental Assessment ☐Y ☐N ● Legal Property Description ☐Y ☐N ● Proof of Business Registration ☐Y ☐N Application Submittal Schedule NOTE: An application may be submitted during normal DEQ Business Hours, Monday – Friday 8:00 a.m. to 5:00 p.m. Applications received after 5:00 p.m. or on Holidays or weekends will be processed the next business day. X X X Refer to previously-submitted information for TOSV Phase 1.X Voluntary Cleanup Program Application – January 2022 7 UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY VOLUNTARY CLEANUP PROGRAM APPLICATION Program Application - Additional Applicants Form Additional Applicant Contact Person Title________________________________ Address City State Zip Code Phone Email Address Interest in the Property_______________________________________________________ Applicant is: ( ) Individual ( ) Business Is the Applicant currently registered to conduct business in the State of Utah? ☐Y ☐N Type of Business: ( ) Corporation ( ) LLC ( ) Sole Proprietorship ( ) General Partnership ( ) Limited Partnership Entity Number and State of Creation*: *Must include proof of current business registration Correctness of Information, Authorization to Sign and Financial Capability The undersigned affirms that the information contained in this VCP application is true and accurate to the best of their knowledge. Correspondences and billing will be directed towards the primary Applicant, but all applicants are jointly responsible for the work conducted, the representations made and the costs incurred under the VCP. By completing and signing this Additional Applicant Form, the undersigned affirms the Additional Applicant's financial capability to assess the site, perform the cleanup, manage institutional controls and pay all costs, as allowed by statute, for the DEQ’s oversight. By:__________________________________Name:___________________________________ (signature of authorized representative) (print or type) Date:_______________________________ Salt Lake City Catherine Wyffels Program Manager 451 South State Street, Room 404 Salt Lake City Utah 84114 385-418-4803 catherine.wyffels@slcgov.com Property Owner N/A - Local government N/A - Local government X 87-6000279  ::A  QGF. 02/07/2025 Attachment 1 TOSV Phase 2 Legal Description The Other Side Village Proposed Phase 2 Boundary 1-15-2025 SRV A parcel of land lying and situated in the Southwest Quarter of Section 3 and the Northwest Quarter of Section 10, Township 1 South, Range 1 West, Salt Lake Base and Meridian, more particularly described as follows: Beginning at a point being on the north line of said Section 10, said point also being 903.96 feet North 89°47’54” East from the Northwest corner of said Section 10 and running thence North 00°05’12” West 6.63 feet; thence North 15°36’49” West 478.83 feet; thence North 89°54’48” East 874.31 feet; thence South 00°15’59” East 464.35 feet; thence South 00°05’12” East 563.64 feet; thence South 89°54’48” West 41.00 feet; thence South 00°05’12” East 5.00 feet; thence southwesterly 41.64 feet along the arc of a 25.00 foot radius curve to the right, through a central angle of 95°26’26”, chord bears South 47°38’02” West 36.99 feet; thence North 84°38’45” West 11.42 feet; thence northwesterly 20.42 feet along the arc of a 40.00 foot radius curve to the right, through a central angle of 29°15’18”, chord bears North 70°01’06” West 20.20 feet; thence North 56°04’28” West 34.63 feet; thence northwesterly 143.38 feet along the arc of a 260.00 foot radius curve to the left, through a central angle of 31°35’49”, chord bears North 71°52’06” West 141.57 feet; thence North 87°40’01” West 49.66 feet; thence westerly 17.67 feet along the arc of a 510.00 foot radius curve to the left, through a central angle of 1°59’05”, chord bears North 88°39’34” West 17.67 feet; thence northwesterly 36.88 feet along the arc of a 25.00 foot radius reverse curve to the right, through a central angle of 84°30’42”, chord bears North 47°23’45” West 33.62 feet; thence North 05°08’25” West 5.00 feet; thence South 84°51’35” West 20.00 feet; thence South 05°08’25” East 5.00 feet; thence southerly 183.58 feet along the arc of a 590.00 foot radius curve to the right, through a central angle of 17°49’40”, chord bears South 03°46’25” West 182.84 feet; thence South 12°28’37” West 552.91 feet; thence South 11°57’06” West 26.36 feet; thence westerly 168.06 feet along the arc of a 599.50 foot non-tangent curve to the left, through a central angle of 16°03’42”, chord bears North 86°04’44” West 167.51 feet; thence southwesterly 36.76 feet along the arc of a 24.50 foot radius compound curve to the left, through a central angle of 85°58’36”, chord bears South 42°54’07” West 33.41 feet; thence South 00°05’12” East 5.64 feet to the northeasterly line of the Union Pacific Railroad right of way; thence, along said northeasterly line of the Union Pacific Railroad right of way, North 74°11’41” West 785.40 feet to the easterly right of way of Interstate 215 and a point of non-tangency with a 4009.72 foot radius curve to the left; thence northerly 347.90 feet along the arc of said curve, through a central angle of 4°58’17”, chord bears North 01°42’05” West 347.80 feet; thence South 74°26’00” East 518.68 feet; thence North 60°33’44” East 220.12 feet; thence northeasterly 80.06 feet along the arc of a 190.00 foot radius non-tangent curve to the left, through a central angle of 24°08’32”, chord bears North 20°35’00” East 79.47 feet; thence North 00°05’12” West 655.91 feet to the Point of Beginning. Contains 1,269,199 Square Feet or 29.137 Acres. Basis of Bearing is North 89°47’54” East between the Northwest Corner and the North Quarter Corner of Section 10, Township 1 South, Range 1 West, Salt Lake Base and Meridian. Attachment 2 TOSV Phase 2 Development Plan Exhibits N: \ G I S \ 6 1 2 1 7 2 5 5 _ T O S A \ 6 1 2 1 7 2 5 5 _ T O S A . a p r x Exhibit terracon.comPH. 801-545-8500 6952 S High Tech Dr, Ste B Midvale, UT Reviewed By: Drawn By: Jan 2025 Date: 61237263 Task 6 Project No.: Redwood Road Dump VCP Site C121 1850 West Indiana Avenue Salt Lake City, Utah TOSV Phase 2 Plans 1 NMS AST 215 Indiana Ave 22 Indiana Ave I n d i a n a A v e 0 300 600150 Feet ³ ³ LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP LP EV EV EV LP LP EV R EV R EV R EV R EV R E V R E V R E V R E V R E V R E V R S74° 2 6 ' 0 0 " E 5 1 8 . 6 8 ' N60° 3 3 ' 4 4 " E 2 2 0 . 1 2 ' L=80.06' R=190.00' D=24°08'32" C=79.47' CB=N20°35'00"E N 1 5 ° 3 6 ' 4 9 " W 4 7 8 . 8 3 ' N89°54'48"E 874.31' S0 0 ° 1 5 ' 5 9 " E 4 6 4 . 3 5 ' S0 0 ° 0 5 ' 1 2 " E 5 6 3 . 6 4 ' L1 L2 C1 L3 C2 L4 C3 L5 C4 C5 L6 L7 L8 C 6 S1 2 ° 2 8 ' 3 7 " W 5 5 2 . 9 1 ' S11°57'06"W 26.36' C 7 C8 S00°05'12"E 5.64' N74° 1 1 ' 4 1 " W 7 8 5 . 4 0 ' L=347.90' R=4009.72' D=4°58'17" C=347.80' CB=N1°42'05"W 903.96' N0 0 ° 0 5 ' 1 2 " W 6 5 5 . 9 1 ' N00°05'12"W 6.63' LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 DIRECTION S89°54'48"W S00°05'12"E N84°38'45"W N56°04'28"W N87°40'01"W N05°08'25"W S84°51'35"W S05°08'25"E LENGTH 41.00' 5.00' 11.42' 34.63' 49.66' 5.00' 20.00' 5.00' CURVE TABLE CURVE # C1 C2 C3 C4 C5 C6 C7 C8 LENGTH 41.64' 20.42' 143.38' 17.67' 36.88' 183.58' 168.06' 36.76' RADIUS 25.00' 40.00' 260.00' 510.00' 25.00' 590.00' 599.50' 24.50' DELTA 95°26'26" 29°15'18" 31°35'49" 1°59'05" 84°30'42" 17°49'40" 16°03'42" 85°58'36" CH. BRG. S47°38'02"W N70°01'06"W N71°52'06"W N88°39'34"W N47°23'45"W S03°46'25"W N86°04'44"W S42°54'07"W CH. DIST. 36.99' 20.20' 141.57' 17.67' 33.62' 182.84' 167.51' 33.41' POINT OF BEGINNING SCALE OF FEET 0100 100 200 INDIANA AVENUE (PUBLIC, 84' WIDE) BASIS OF BEARING N89°47'54"E 2654.40' NORTHWEST CORNER SECTION 10, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SALT LAKE BASE & MERIDIAN THE OTHER SIDE VILLAGE PROPOSED PHASE 2 BOUNDARY 1,269,199 Sq. Ft. 29.137 Ac. BOUNDARY LINE BOUNDARY CORNER CENTERLINE OF ROAD LEGEND SECTION LINE SECTION CORNER (FOUND) DESIGNED OF DATE: SCALE PROJECT NUMBER SHEET PLOT DATE: DRAFTED CHECKED 11456 South Temple Drive, Suite 200 Salt Lake City, Utah 84095 (801) 270-5777 (801) 270-5782 (FAX) EXHIBIT LOCATED IN THE SW 1/4 SECTION 3 & NW 1/4 SECTION 10, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SALT LAKE BASE & MERIDIAN PROPOSED PHASE 2, THE OTHER SIDE VILLAGE NOTE: THE PURPOSE OF THIS EXHIBIT IS TO SHOW THE PROPOSED LOCATION OF THE OTHER SIDE VILLAGE PHASE 2. CEA SRV SRV 1 1 1-15-2025 1"=100' 8TOS010100 3 10 4 9 3 10 NORTH QUARTER CORNER SECTION 10, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SALT LAKE BASE & MERIDIAN INDIANA AVE RE D W O O D R O A D 500 SOUTH 400 SOUTH I- 2 1 5 VICINITY MAP (NOT TO SCALE) SITE BASIS OF BEARING N89°47'54"E 2654.40' Attachment 3 TOSA Business Registration Certificate February 04, 2025 CERTIFICATE OF EXISTENCE Registration Number: 9475616-0140 Business Name: OTHER SIDE ACADEMY, THE Principal Office Address: 435 SOUTH 660 WEST, OREM, UT 84058 Registered Date: 07/10/2015 Entity Type: DOMESTIC NONPROFIT CORPORATION Current Status: ACTIVE - CURRENT The Division of Corporations and Commercial Code of the State of Utah, custodian of the records of business registrations, certifies that the business entity on this certificate is authorized to transact business and was duly registered under the laws of the State of Utah. The Division also certifies that this entity has paid all fees and penalties owed to this state; its most recent annual report has been filed by the Division unless the status above is delinquent; and, that Articles of Dissolution have not been filed. Adam Watson Director Division of Corporations and Commercial Code Certificate Number: 202502041606555 Enter the certificate number at https://businessregistration.utah.gov/ to verify this certification. MARGARET W. BUSSE ADAM WATSON SPENCER J. COX Executive Director Division Director Governor DEIDRE M. HENDERSON Lieutenant Governor Division of Corporations and Commercial Code Heber M. Wells Building • 160 East 300 South • P.O. Box 146705 Salt Lake City, UT 84114-6741 www.corporations.utah.gov • telephone (801) 530-4849 • toll-free in Utah (877) 526-3994 • fax (801) 530-6438