DERR-2025-002603

Liberty Coe <[e-mail]>
Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
4 messages
Michael Pecorelli <[e-mail]>Fri, Mar 21, 2025 at 5:32 PM
To: Liberty Coe <[e-mail]>
Not sure why you were not on this email but I'm forwarding you a copy.
Mike Pecorelli | EAP-Cleanup Section Manager
385.391.8156 (work)

Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements.
---------- Forwarded message ---------
From: Wilson, DavidWilson <[e-mail]>
Date: Fri, Mar 21, 2025 at 5:24 PM
Subject: Former ABF Freight Site - OLX Release Preliminary Findings
To: Morgan Atkinson <[e-mail]>
Cc: Michael Pecorelli <[e-mail]>, Carl Duke <[e-mail]>, Matthew Blocker
<[e-mail]>, Stripeika, Curt <[e-mail]>
Hello Morgan –

Thanks for your advanced call and our conversation today about the DERR’s preliminary review of data for the former
ABF Freight Site, and your consideration of Petroleum Storage Tank Fund (PSTF) coverage for Release OLX. I have
verbally conveyed your opinion to LHM/CTP DEV that coverage will not apply based on your review of site data and the
regulatory record, and that DERR is preparing a draft letter to convey this message. Again, we ask that you please
provide a “DRAFT” of this letter with your explanation of the site data and regulatory record for review and further
discussion if requested by LHM/CTP DEV.

We also ask that you review and consider the attached draft “Environmental Report” prepared by Tetra Tech on behalf of
LHM/CTP DEV, which has been prepared to support legal claims against ABF Freight. This report references findings in
the DERR record showing historical releases and potential for releases based on DERR inspections (see the paragraphs
beginning in the middle of page 3). This information supports LHM/CTP DEV’s claim for PSTF coverage for Release OLX.

Also, please consider whether the submitted Subsurface Investigation Work Plan is worth conducting to verify differences
in the subsurface diesel LNAPL on the south and north sides of the site, and let us know if you have questions.
Otherwise, we will await your draft letter and then consider further discussion on this matter.

Regards,
Dave
4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…1/10

David S. Wilson, P.E., P.G. | Senior Principal Engineer
Business [phone] | Mobile [phone] | [e-mail]
Time Zone: Mountain

Tetra Tech | Leading with Science®
4750 West 2100 South, Suite 400 | Salt Lake City, Utah 84120 | tetratech.com

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DRAFT ABF Freight Environmental Report_2024-12-19_DERR Copy.pdf
5811K
Michael Pecorelli <[e-mail]>Fri, Mar 28, 2025 at 6:27 PM
To: Liberty Coe <[e-mail]>
Here is a copy of the recent correspondence as an FYI.
Mike Pecorelli | EAP-Cleanup Section Manager
385.391.8156 (work)

Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements.
---------- Forwarded message ---------
From: Morgan Atkinson <[e-mail]>
Date: Fri, Mar 28, 2025 at 10:11 AM
Subject: Re: Former ABF Freight Site - OLX Release Preliminary Findings
To: Wilson, DavidWilson <[e-mail]>
Cc: Michael Pecorelli <[e-mail]>, Carl Duke <[e-mail]>, Matthew Blocker
<[e-mail]>, Stripeika, Curt <[e-mail]>
Dave,

Thank you for the follow-up after our conversation last week.
4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…2/10

While your Environmental Report does document the potential for a release, the report does not provide evidence of a
release actually occurring.

The data comparison of the historic sampling compared to the analytical reports from the closure samples do not
significantly vary and are not enough evidence to support a new fund covered release. If you have or can provide new
information or data beyond what you have submitted, we will be happy to consider this before an official response to the
PST Eligibility application is signed and mailed by the DERR Director.

Regarding the question about LNAPL sampling, I am not sure it would provide much insight into the product age or time of
release. Comparing LNAPL that has migrated a long distance to static product that may have been trapped in coarse
soils around the tank basin would be interesting, but again I am not sure how it would significantly support evidence of a
new release.

Please let us know if you have evidence of another release that you would like to submit to the DIrector prior to him
issuing a response to the PST Eligibility application.

Thank you,
Morgan
Morgan Atkinson
Petroleum Storage Tank Branch Manager
Utah Dept. of Environmental Quality
801-979-2512
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.
[Quoted text hidden]
Michael Pecorelli <[e-mail]>Wed, Apr 9, 2025 at 11:07 AM
To: Liberty Coe <[e-mail]>
FYI
Mike Pecorelli | EAP-Cleanup Section Manager
385.391.8156 (work)

Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements.
---------- Forwarded message ---------
From: Wilson, DavidWilson <[e-mail]>
Date: Mon, Apr 7, 2025 at 1:44 PM
4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…3/10
Subject: RE: Former ABF Freight Site - OLX Release Preliminary Findings
To: Morgan Atkinson <[e-mail]>
Cc: Carl Duke <[e-mail]>, Matthew Blocker <[e-mail]>, Stripeika, Curt
<[e-mail]>, Michael Pecorelli <[e-mail]>
Morgan –
Thank you for your email and the information provided. Thanks also for hosting the meeting last week
between CTP DEV, LLC, a Larry H. Miller Real Estate company (LHM), and the Utah DERR pertaining to
the former ABF Freight LUST Site. As expressed during the meeting, there is evidence of extensive diesel
fuel impacts across the western portion of this site based on 1) multiple site investigations, 2) records of
prior corrective actions, and 3) interviews and further investigations and actions conducted and overseen by
Tetra Tech for LHM.
This site has a long history of diesel fuel releases from an old tank system (14 tanks) first reported to the
DERR in 1988 (Release FFQ), and evidence of further releases that LHM’s experts identified during the
removal of ABF Freight Tanks 4, 5, 6 and 7 (the “recent tanks”) on October 8, 2024. The DERR stated that
site complexities make it difficult to discern where impacts from the original Release FFQ end spatially, and
where those from the recent tanks begin (i.e., Release OLX as designated by DERR). In comparison to
other LUST sites, the DERR believes that it may not be possible to present irrefutable evidence (a “smoking
gun”) to demonstrate that an independent release has occurred from the recent tanks because of the
historical and spatial overlaps of tank operations, releases, and environmental impacts.
We understand the DERR does not believe historical analytical data support a release from the recent
tanks, based on the lack of light-end constituents (BTEXN) in the recent tanks’ closure samples. When
asked what evidence we could provide that would meet your standard of a “smoking gun,” you responded
that you did not know what we could provide that would provide LHM coverage under the PSTF program.
Please understand, this clearly sets us up for failure and leads us to conclude that the deck is stacked
against us. Because the recent tanks operated beginning in 1979 and had PSTF coverage since 1992, even
DERR staff at our meeting acknowledged the probability that releases from the recent tanks could have
occurred while PSTF coverage was in effect; and if the releases happened long ago, then the light-end
constituents would have degraded. This would explain the recent tank closure samples appearing like the
analytical results for Release FFQ with no or lower BTEXN concentrations.
In a forthcoming report to the DERR, LHM and Tetra Tech will present multiple lines of evidence to
demonstrate releases from the recent tanks supporting that a separate release occurred from these tanks.
We will likely need copies of reports from the DERR to complete our review for this evidence. Thank you for
your support!
Regards,
Dave Wilson

David S. Wilson, P.E., P.G., Senior Principal Engineer | Tetra Tech
Business [phone] | Mobile [phone] | [e-mail]

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From: Morgan Atkinson <[e-mail]>
Sent: Friday, April 4, 2025 10:26 AM
To: Wilson, DavidWilson <[e-mail]>
4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…4/10
Cc: Carl Duke <[e-mail]>; Mahew Blocker <[e-mail]>; Stripeika, Curt
<[e-mail]>; Michael Pecorelli <[e-mail]>
Subject: Re: Former ABF Freight Site - OLX Release Preliminary Findings

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⚠

Dave,

Thank you all for coming in yesterday.

To follow-up with your request for dates - Fund participation began on March 17, 1992.

The tanks were installed on December 12, 1979.

Let us know if you need anything else.

Thank you,
Morgan
Morgan Atkinson
Petroleum Storage Tank Branch Manager
Utah Dept. of Environmental Quality
801-979-2512
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.

On Tue, Apr 1, 2025 at 5:12 PM Wilson, DavidWilson <[e-mail]> wrote:
Great – I sent an invitation to mark our calendars; glad this works!

I propose that our discussion be informal, so we will not bring electronic media that requires a projector.
We will bring paper copies of select documents that we can examine across the table.

4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…5/10
Please use whatever display tools you and Mike choose, which may be formal or informal.

Thanks,
Dave

David S. Wilson, P.E., P.G., Senior Principal Engineer | Tetra Tech
Business [phone] | Mobile [phone] | [e-mail]

This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use
of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the
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From: Morgan Atkinson <[e-mail]>
Sent: Tuesday, April 1, 2025 5:07 PM
To: Wilson, DavidWilson <[e-mail]>
Cc: Carl Duke <[e-mail]>; Mahew Blocker <[e-mail]>; Stripeika, Curt
<[e-mail]>; Michael Pecorelli <[e-mail]>
Subject: Re: Former ABF Freight Site - OLX Release Preliminary Findings

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Sounds good.

We will see you Thursday at 9:00AM.

Will you want a projector to present anything or just a meeting room?

Thanks,
Morgan

Morgan Atkinson
Petroleum Storage Tank Branch Manager
Utah Dept. of Environmental Quality
801-979-2512
4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…6/10

Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.

On Tue, Apr 1, 2025 at 5:01 PM Wilson, DavidWilson <[e-mail]> wrote:
Thanks Morgan –

We appreciate your follow-up, and yes – we would like to meet this Thursday (April 3) at 9 AM at your
DERR office.

We appreciate you sharing your findings and interpretations of the FFQ and OLX Release results.

We will also come prepared to discuss current evidence and logic for a separate OLX Release, plus
potential assessment ideas.

Regards,
Dave

David S. Wilson, P.E., P.G., Senior Principal Engineer | Tetra Tech
Business [phone] | Mobile [phone] | [e-mail]

This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or
use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not
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From: Morgan Atkinson <[e-mail]>
Sent: Tuesday, April 1, 2025 3:55 PM
To: Wilson, DavidWilson <[e-mail]>
Cc: Michael Pecorelli <[e-mail]>; Carl Duke <[e-mail]>; Mahew Blocker
<[e-mail]>; Stripeika, Curt <[e-mail]>
Subject: Re: Former ABF Freight Site - OLX Release Preliminary Findings

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attachments. ⚠

4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…7/10
Dave,

Mike and I would be happy to meet with you sometime this week. We are open Wednesday afternoon or Thursday
morning.

If you feel that further assessment (including product analysis) would be beneficial in establishing a case for a new
release from the referenced tank system, you are welcome to do that work. If the work does provide insight to
support a new release, the eligible costs would count toward the deductible and fund coverage. If no additional
evidence is apparent, the work would be at the expense of your client.

Our thought is that jumping into the corrective action phase may be more feasible at this time. If evidence is
discovered during the excavation work, we would consider that when it is found.

Another option is to provide multiple years of inventory records that can be analyzed. Some owners do have access
to a long history of inventory records through their ATG provider or vendor.

Thank you,
Morgan

Morgan Atkinson
Petroleum Storage Tank Branch Manager
Utah Dept. of Environmental Quality
801-979-2512

Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.

On Fri, Mar 28, 2025 at 1:47 PM Wilson, DavidWilson <[e-mail]> wrote:
Morgan –

Tetra Tech will discuss your email below about Release OLX with CTP DEV and then respond
regarding efforts to provide further evidence of release(s) from the USTs removed on October 8,
2025. The need to provide further evidence of releases from Tanks 4, 5, 6 and 7 was not expected by
CTP DEV nor Tetra Tech after receiving the DERR’s “Subsurface Investigation Requirements and
4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…8/10
Petroleum Storage Tank Fund Eligibility” letter dated November 18, 2024. It was anticipated that
further assessment would be performed per the DERR’s letter and CTP DEV’s Subsurface
Investigation Work Plan dated February 14, 2025.

We expect at a minimum that CTP DEV and/or Tetra Tech will want to visit with you and Mr. Pecorelli
to review the historical documents referred to in your email, which are the DERR’s apparent basis for
choosing to rescind Release OLX and the related PSTF coverage. Please let us know if you are
available next week for an informal meeting at the DERR so you can share your assessment.

Thank you,
Dave W.

David S. Wilson, P.E., P.G., Senior Principal Engineer | Tetra Tech
Business [phone] | Mobile [phone] | [e-mail]

This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or
use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are
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From: Morgan Atkinson <[e-mail]>
Sent: Friday, March 28, 2025 10:11 AM
To: Wilson, DavidWilson <[e-mail]>
Cc: Michael Pecorelli <[e-mail]>; Carl Duke <[e-mail]>; Mahew Blocker
<[e-mail]>; Stripeika, Curt <[e-mail]>
Subject: Re: Former ABF Freight Site - OLX Release Preliminary Findings

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[Quoted text hidden]
Michael Pecorelli <[e-mail]>Wed, Apr 9, 2025 at 12:58 PM
To: "Wilson, DavidWilson" <[e-mail]>
Cc: Morgan Atkinson <[e-mail]>, Carl Duke <[e-mail]>, Matthew Blocker
<[e-mail]>, "Stripeika, Curt" <[e-mail]>
Bcc: [e-mail]
David,
Thanks for the email. It may be beneficial to review the entire file for Release FFQ, if you haven't
already, since all of it is not in a digital format. I'm attaching a map from the hard copy file for your
reference that shows the free product levels in June 1989; before the four diesel petroleum storage tanks
(PST), that participated on the PST Fund, had started their participation and should be helpful.
A release must meet the requirements outlined in Utah Code and Utah Admin. Code to be covered by the
PST Fund. Contamination that is historical and from other sources not participating in the PST Fund need
4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:1827248528947406…9/10
to be adequately defined and addressed. In accordance with Utah Code Ann. § 19-6-424(1) and Utah
Admin. Code 311-207-2(9) the following questions included in this email need to be addressed for
meetings on PST Fund coverage. Please submit information to address these questions:
1. What evidence is there of a release occurring from the PST Fund parcipang tank(s) during a period of
coverage by the PST Fund?
2. How much of the contaminaon are you proposing was released from the PST Fund parcipang tank(s)
during the me the PST tank(s) were covered by the PST Fund? Give your esmated volumes, supporng
calculaons, and informaon for this submission.
3. How are you going to segregate the release volumes, extent, and costs of a potenally PST Fund covered
release from releases not covered by the PST Fund?
Thanks,
Mike
Mike Pecorelli | EAP-Cleanup Section Manager
385.391.8156 (work)

Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements.
[Quoted text hidden]
1387_001.pdf
89K
4/9/25, 2:05 PM State of Utah Mail - Fwd: Former ABF Freight Site - OLX Release Preliminary Findings
https://mail.google.com/mail/u/0/?ik=42b3ca2a2c&view=pt&search=all&permthid=thread-f:1827248528947406621&simpl=msg-f:182724852894740…10/10