DERR-2025-003970

MARTIN K. BANKS
ATTORNEY AT LAW
101 SOUTH 200 EAST, SUITE 700
SALT LAKE CITY, UTAH 84111
[e-mail]
[phone]

VIA Email May 23, 2025

Mr. Brent Everett
Mr. Mark Crim
Utah Department of Environmental Quality
Division of Environmental Response and Remediation
195 North 1950 West
P.O. Box 144840
Salt Lake City, Utah 84114-4870
[e-mail]
[e-mail]

Re: Extension of Due Date for Subsurface Investigation Report
Pilot Thomas Logistics #140, located at 380 South 200 East, Roosevelt, Utah
Facility Identification No. 9000055, Release Sites MJI, OFZ, and OJL

Dear Mr. Everett and Mr. Crim:

In response to the Division of Environmental Response and Remediation’s (DERR)
previous issuance of a Subsurface Investigation Report (SIR) and Requirements letter to Pilot
Thomas Logistics (PTL), on April 5, 2024 PTL’s environmental consultant, Ms. Lori Clark with
One Atlas, provided DERR with an update informing DERR of PTL’s progress and proposing an
extended due date. On April 17, 2024, DERR issued an extended due date of August 15, 2024.
On January 28, 2025, based on DERR learning that its records of a site contact were incorrect
and that PTL had not received certain compliance letters, DERR issued a further extended due
date of June 2, 2025.

PTL’s environmental consultant, Lori Clark with One Atlas, has recently informed PTL
that one of the Berkshire Hathaway companies has acquired One Atlas (or at least One Atlas’s
environmental consulting team), which has been merged or rolled into an existing environmental
consulting firm dedicated exclusively to serving one client, and one client only – Berkshire
Hathaway. As a result, Lori Clark and One Atlas have had to terminate their longstanding
relationship with PTL. The timing of One Atlas’s termination of our relationship is very
unfortunate, and obviously presents an obstacle to the due date of June 2, 2025.

Upon being informed by Ms. Clark of One Atlas’s termination of the relationship, PTL
has been evaluating and screening various potential substitute environmental consulting firms
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that could handle not just this Roosevelt Utah matter, but potentially other regional matters as
well. This week PTL has reached an agreement to retain Utah-based Wasatch Environmental to
assist PTL at the subject Roosevelt site. PTL has asked One Atlas to identify and compile all of
the information it has gathered and prepared for this Roosevelt project, and to provide that to us
at its earliest opportunity. Upon receipt we will forward all of that information to Wasatch,
which we hope can be completed next week. As soon as Wasatch receives One Atlas’s files, we
expect Wasatch will need some time to review and familiarize themselves with the unique
circumstances at the Roosevelt site, the various potential sources of contamination in the vicinity
and the other investigations that have already been done at the site.

We are committed to having Wasatch Environmental move this project forward, but
because of the disruption and additional cost entailed in getting an altogether new environmental
consulting firm on board, we want to ensure that Wasatch has adequate time to fully identify and
digest what One Atlas has already done so that we can minimize the extent and cost of overlap
and duplicative work as much as possible. We also cannot know at this point if Wasatch will
agree and continue with the nature and scope of the investigation plan that One Atlas was
pursuing, or will deem it advisable to pursue an alternative plan.

All of this, unfortunately, will necessitate our asking for another extension on the due
date for the SIR. We propose the following 4 steps: (1) complete the gathering and forwarding
of ours and One Atlas’s relevant files to Wasatch, (2) allow Wasatch time to review those files,
(3) allow Wasatch to prepare a proposed investigation plan for our consideration and approval,
and (4) then allow Wasatch enough time to implement the approved investigation plan. Given
some of their other client commitments, Wasatch has advised us that they will need 6 weeks to
accomplish steps 2 and 3 above. Accordingly, we respectfully request that the Division give us 6
weeks from today (until July 4 – given the holiday, make that July 7) to complete steps 1-3
above; at that juncture we would contemplate reporting to you that an investigation plan has been
approved, and based on Wasatch’s estimate as to how long it will take to implement that plan,
we will propose a new final extended due date for the SIR. Please let us know if this proposed
course of action is acceptable to DERR.

Finally, please know that upon learning of the unfortunate and ill-timed circumstances
that necessitated One Atlas’s termination of our relationship, PTL has moved as quickly as
possible to find and retain a substitute environmental consultant, and that we will endeavor to
push forward with Wasatch as expeditiously as possible.

Appreciatively,

PARR BROWN GEE & LOVELESS

/s/ Martin K. Banks
Martin K. Banks