DERR-2024-004709

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION
Brent H. Everett
Director
ERRA-03-24
February 29, 2024
SENT CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Marc Westfall, Environmental Compliance Manager
7-Eleven, Inc.
P.O. Box 711
Dallas, Texas 75221
Re:Environmental Covenant
7-Eleven 1851-25116, located at 2321 South Redwood Road, West Valley City, Utah
Facility Identification No. 4001027, Release Sites MPQ & JBO
Salt Lake County Tax Parcel No. 15-22-253-001-0000
Dear Mr. Westfall:
As you have requested, the Division of Environmental Response and Remediation (DERR)
is sending you the enclosed and revised Environmental Covenant (EC) to be signed by you. Please
sign the EC and return it to the DERR for agency signature. The DERR will then sign the EC and
the final signed EC will be sent back to you to be recorded at the Salt Lake County Recorder’s
Office. After the DERR receives a copy of the recorded EC with proof of recordation, this process
will be complete.
If you have any questions regarding this matter, please contact Kevin Beery, the DERR
project manager, at 385-391-8130.
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/KB/ss
Enclosure: Revised Environmental Covenant
cc:Ron Lund, Environmental Health Director, Salt Lake County Health Department
Anna Skinner, Stantec Consulting Services, Inc.
Tauni Paul, Stantec Consulting Services, Inc.
Termination of Environmental Covenant by Consent
Facility ID# 4001027, Release Sites MPQ/JBO
Page 1
After Recording Return to:
Marc Westfall, Environmental Compliance Manager
7-Eleven, Inc.
P.O. Box 711
Dallas, Texas 75221
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
195 North 1950 West
P.O. Box 144840
Salt Lake City, Utah 84114-4840
Tax Parcel No. 15-22-253-001-0000
Termination of Environmental Covenant by Consent
This Termination of Environmental Covenant by Consent (hereinafter “Termination”) is made
by 7-Eleven, Inc. the real property owner and holder of the Environmental Covenant, and the
Utah Department of Environmental Quality, Division of Environmental Response and
Remediation (hereinafter “DERR”).
WHEREAS, owner/holder 7-Eleven, Inc. and DERR executed an environmental covenant on
their respective signing dates of December 2, 2008, and February 5, 2009, which became
effective when it was recorded on March 17, 2009, with the Salt Lake County Recorder’s Office
records book 9698, page 3528 at Salt Lake County, Utah (hereinafter “Environmental
Covenant”). 7-Eleven, Inc. and DERR were the only signers of the Environmental Covenant.
The Environmental Covenant affects certain real property situated at 2331 South Redwood Road
in West Valley City, Salt Lake County, State of Utah, more particularly described as Parcel
Number 15-22-253-001-0000. The legal description of the property (hereinafter “Property”) is:
COM 1882 FT S & 79 FT E FR N 1/4 COR SEC 22 T 1S R 1W SL MERS 100 FT E 161.6 FT
N 100 FT W 161.6 FT TO BEG 0.37 AC 5497-0570.
7-Eleven, Inc. entered the Environmental Covenant under its current corporate name of
7-Eleven, Inc. “The Southland Corporation” is the recorded owner of the Property which was
7-Eleven, Inc.’s former corporate name yet still the same legal entity.
WHEREAS, 7-Eleven, Inc. and DERR desire to terminate the Environmental Covenant in
accordance with Utah Code § 57-25-110 and its provisions on termination by consent by the
property owner/holder, agency and each person who signed the Environmental Covenant.
The parties are consenting to a termination of the Environmental Covenant based on the
Underground Storage Tank Closure and Remedial Excavation Report (Report) of the Property
dated July 20, 2023, submitted to DERR by Stantec Consulting Services Inc. on behalf of
7- Eleven, Inc. (the Report is available at DERR in the agency file for the 7-Eleven Store No.
25116, DERR Facility ID 4001027). The Report discusses the October 2022 UST removal and
closure activities, related remedial excavation with clean backfill activities, and subsequent
groundwater and soil sampling of the Property. “[A]nalytical laboratory results for all soil and
groundwater samples collected during UST removal and remedial excavation indicated that no
petroleum hydrocarbon constituent concentrations were present above UDEQ-DERR ISLs.”
Termination of Environmental Covenant by Consent
Facility ID# 4001027, Release Sites MPQ/JBO
Page 2
Page 7 of the Report. Therefore, the Property no longer needs to be restricted by the Activity
and Use Limitations described in section 5 of the Environmental Covenant.
NOW THEREFORE, pursuant to Utah Code § 57-25-110, 7-Eleven, Inc., the Property
owner/holder, and DERR the agency, as the persons who signed the Environmental Covenant
hereby consent and agree to the following:
1.The Property owner/holder 7-Eleven, Inc. and agency DERR terminate this Environmental
Covenant by mutual consent pursuant to the Utah Uniform Environmental Covenants Act,
Utah Code §§ 57-25-101 et seq., and 7-Eleven, Inc. is released from the restrictions in the
Environmental Covenant.
2. This Termination will become effective after being fully executed by both parties and then
upon the date of being recorded as a document of public record for the Property in the Salt
Lake County Recorder’s Office.
3.Within thirty (30) days of signature by all requisite parties, 7-Eleven, Inc. as owner/holder
shall file this Termination for recording with the Salt Lake County Recorder’s Office in the
same manner as a deed to the property.
4.Nothing contained in this Termination is intended to or shall be construed to terminate or
release any restriction or condition affecting any other property other than the Property
particularly described in this Termination.
5.If new or further contamination is found on this Property that exceeds State of Utah cleanup
levels, this Termination does not preclude DERR from seeking additional or new abatement
and remediation, or another environmental covenant on this property if determined necessary
by the Director of DERR under Utah Code §§ 19-6-401 et seq; or 57-25-101 et seq.
6.7-Eleven, Inc., shall distribute a filed and date-stamped copy of the recorded Termination to:
DERR, West Valley City, and Salt Lake County within thirty (30) days of the effective date
set forth in paragraph 2 above.
The undersigned representative of 7-Eleven, Inc., represents and certifies that he is authorized to
consent to and execute this Termination of the Environmental Covenant for 7-Eleven, Inc.
Termination of Environmental Covenant by Consent
Facility ID# 4001027, Release Sites MPQ/JBO
Page 3
IT IS SO AGREED AND CONSENTED TO:
7-Eleven, Inc.
By ____________________________________ __________________________________
Marc Westfall Date
Manager, Environmental Compliance
ss:
State of ____________________ )
)
County of ___________________)
Before me, a notary public, in and for said county and state, personally appeared
_______________, a duly authorized representative of 7-Eleven, Inc., who acknowledged to me
that he did execute the foregoing instrument on behalf of 7-Eleven, Inc.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official seal
this _____ day of _______________, 202__.
______________________________________
Notary Public
Termination of Environmental Covenant by Consent
Facility ID# 4001027, Release Sites MPQ/JBO
Page 4
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
By ___________________________________ __________________________________
Brent H. Everett, Director Date
Division of Environmental Response
and Remediation
State of _____________________)
) ss:
County of ___________________)
Before me, a notary public, in and for said county and state, personally appeared Brent H.
Everett, the Director of the Division of Environmental Response and Remediation and
authorized representative of the Utah Department of Environmental Quality, who acknowledged
to me that he did execute the foregoing instrument.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official seal
this _____ day of _______________, 202__.
______________________________________
Notary Public
ru
..J]
1..1')
m
□
IT' m
IT'
□
□ □ □
□
IT'
ru
.-'I
□ ru
□ r--
U.S. Postal Service™
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
•1•• -. . . -tL"'4 • •
0 F F I C I A L u
Certified Mail Fee
$
Extra Services & Fees (check box, add tea as appropriate}
D Return Receipt (hardcopy) $
D Return Receipt (electronic) $
0 Certified Mall Restricted Dellve,y $
0 Adult Signature Required $
D Adult Signature Restricted Dellve,y $
?-Eleven, Inc. -
ATTN: Marc Westfall
. .
s E
Postmark
Here
PO Box 711 ---------------------------------------
Dallas , TX 75221 --------------------------------·------
PS F orm 3800, Apnl 2015 PSN 7530·02 -000-9047 See Reverse for In structions
Certified Mail service provides the following benefits:
■ A receipt (this portion of the Certified Mall labeQ. fo r an electronic relllm receipt, see a retail
■ A unique ldenufier for your mailpiece . associate for assistance._ '.o receive a duplicat_e
■ Electronic verification of delivery or attempted relllm receipt for no additional fee, present this
delivery USPS®-postmarl<ed Certified Mail receipt to the
■ A record of delivery Oncluding the recipient's retail associate .
signalllre) that is retained by the Postal Service--Restricted delivery service, which provides
for a specified period . delivery to the addressee _specified by name, or
Imp ortant Reminders :
■ You may purchase Certified Mall service with
Rrst-Class Mal ie, Rrst-Class Package Service•,
or Priority Mali-service .
■ Certified Mall service is not available for
international mail.
■ Insurance coverage is not available for purchase
with Certified Mall service . However, the purchase
of Certified Mall service does not change the
Insurance coverage automatically included with
certain Priority Mall Items.
■ For an additional fee , and with a proper
endorsement on the mal lpiece , you may request
the following services:
• Return receipt service , which provides a record
of delivery (including the recipient's slgnalllre).
You can request a hardcopy rellJm receipt or an
electronic version . For a hardcopy return receipt,
complete PS Form 3811 , Domestic Retum
Receipt; attach PS Form 3811 to your mailpiece ;
to the addressee 's authonzed agent.
-Adult signalllre service , which requires the
signee to be at least 21 years of age (not
avai lable at retail).
-Adult signalllre restricted delivery service, wh ich
requires the slgnee to be at least 21 years of age
and provides delivery to the addressee specified
by name, or to the addressee's authorized agent
(not available at retail).
■ To ensure that your Certified Mail receipt is
ac cepted as legal proof of mailing , It should bear a
USPS postmark. If you would like a postmarl< on
this Certified Mall receipt, please present your
Certified Mail Item at a Post Office-for
postmarking . tt yciu don't need a postmarl< on this
Certified Mall receipt, detach the barcoded portion
of this label, affix It to the mallplece, apply
appropriate postage, and deposit the mallpiece.
IMPORTANT: Save this receipt for your records.
PS Fann 3800, April 2015 (ReV8tS8) PSN 7530-02-000-9047