DERR-2024-004954

3/13/24, 3:07 PM State of Utah Mail - Davis West and East LLC, Vernal
https://mail.google.com/mail/u/0/?ik=5be3741f93&view=pt&search=all&permthid=thread-f:1769885510443913338&simpl=msg-f:1769885510443913338 1/2
Leigh Anderson <[e-mail]>
Davis West and East LLC, Vernal
1 message
Bill Rees <[e-mail]>Tue, Jun 27, 2023 at 1:32 PM
To: Tim Jenson Jr <[e-mail]>, [e-mail]
Cc: Leigh Anderson <[e-mail]>
Tim, Phil
Thank you for meeting with Leigh and me this morning to discuss the subject site. As
noted, we cannot recommend an EWA at this time. The following are a few brief
issues we noted during our call today. We still need to discuss a few items internally,
but wanted to share some initial concerns.
The Phase I Environmental Site Assessment (ESA) should be updated to reflect Phil as
a User of the document and there are some additional discrepancies such as acreage
and Tax ID number that do not align with the EWA application. Additionally, the
interviews with the property owner need updating and it appears the site visit is out of
date (March 22, 2022). These items should be addressed.
For the EWA, a party must also meet the Evaluation Principles in R311-600-3. One of
the key principles of the rule is noted below:
"If the release has not been and is not being cleaned up, there has been sufficient
characterization to demonstrate that the release is not ongoing, there are no uninterrupted
exposure pathways, and the applicant is sufficiently informed to take reasonable steps to avoid
exposing the contamination to the public, avoid contributing to or exacerbating the
contamination, and to avoid interfering with or substantially increasing the costs of response
actions, or; there has been sufficient characterization to demonstrate that there is no reason to
take action."
The Phase I ESA (Table 2 on Page 9) indicates "notable petroleum odor related to
staining of concrete flooring in warehouse from 40 plus years of machining
operations." The document makes note of noticeable petroleum odor and staining in
other locations as well (Summary Page iii). There is no air data or sub slab data to
evaluate this as a possible on-going release. Without more information, it is unclear
how this issue will be addressed. Additionally, the Phase II ESA (page 8 Conclusions)
suggests that an upgradient groundwater sample was not collected to evaluate
3/13/24, 3:07 PM State of Utah Mail - Davis West and East LLC, Vernal
https://mail.google.com/mail/u/0/?ik=5be3741f93&view=pt&search=all&permthid=thread-f:1769885510443913338&simpl=msg-f:1769885510443913338 2/2
possible off-site sources. This information would be relevant as decisions are made
moving forward and may guide future work.
In short, further sampling should be performed due to the limited number collected
during this investigation and due to the long industrial history of the property. This
should not come as a surprise as it was discussed on Page 9 of the Phase II. The
Phase I should also be updated to ensure it is All Appropriate Inquiries compliant.
Please let me know how you would like to proceed. Should you terminate the
application, please respond and indicate such. Should you choose to conduct further
sampling, please coordinate your efforts with your environmental professional and
have him/her direct your work. You can submit an amendment to the application if
you choose this path. Finally, the applicant can submit a VCP applicant.
Regards,
Bill
Bill Rees
Section Manager
VCP/Brownfields Section
P: [phone]
environmentalresponse.utah.gov
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