DERR-2025-004903

James Owen
VP, Environmental & Energy Resources
1407 W. North Temple, Suite 210
Salt Lake City, UT 84116
[e-mail]

April 25, 2025

Bill Rees, Manager
VCP-DERR
Utah Department of Environmental Quality
PO Box 14480
Salt Lake City, UT 84114-4840

Re: PacifiCorp’s Co-Applicant Request, Power District Redevelopment Project Voluntary
Cleanup Agreement (VCP ID No. VCP-C119)

Dear Mr. Rees,

As you know, PacifiCorp executed several agreements with Larry Harry Miller (“LHM”) for the
purchase and development of PacifiCorp owned land on North Temple in Salt Lake City, UT.
PacifiCorp executed a Purchase and Sale Agreement (“PSA”) with LHM on March 1, 2024, which
obligated LHM to assume all remediation liability and responsibility for the investigation,
characterization and remediation of the environmental conditions of each area, to the extent
required by the environmental laws, including the development and implementation of a Remedial
Action Plan(s) approved by the Utah Department of Environmental Quality (“UDEQ”) under
Utah’s Voluntary Cleanup Program (“VCP”). The remediation liability as defined in the PSA
includes at a minimum, and without limitation, undertaking responsibility for the implementation
of existing, modifying, or entering into new agreements with the UDEQ, and any of its divisions
with jurisdiction (including, but not limited to, UDEQ’s Division of Environmental Response and
Remediation and UDEQ’s Division of Waste Management and Radiation Control) under the VCP,
as outlined in Title 19, Chapter 8 of the Utah Code. LHM inspected and performed diligence on
all land being transferred including investigations, studies, and analyses and was provided with all
relevant site information and the existing VCP.

The remediation obligation was transferred to LHM upon execution of the subsequent Master
Development Agreement on September 25, 2024. Therefore, due to LHM’s responsibility and
associated obligation with remediation at the property on North Temple, PacifiCorp requests that
LHM be added as an Additional Applicant on the Power District Redevelopment Project (VCP ID
No. VCP-C119) Voluntary Cleanup Agreement (“VCA”).

Although PacifiCorp and LHM will be co-applicants on the VCA, PacifiCorp and LHM intend to
work jointly on VCP Area B, and LHM lead on VCP Areas C and D upon approval of the
application. Thank you for your consideration.

Sincerely,
James Owen
VP, Environmental & Energy Resources
2

cc : Elizabeth Finley, Attorney
Scott Wetzel, Environmental Remediation & Reclamation Manager
Mike Jenson, Planning/Financial Analysis Manager

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:_______________________________

LHM DEV E, LLC
Carl Duke Vice President
9350 S. 150 E. Suite 800
Sandy UT 84070
801.563.2100 [e-mail]
Future buyer
x
x
x
13744759-0160 Utah
Michael Kunkel
04/25/2025
Revised Legal Descriptions for Power District Redevelopment Project Voluntary
Cleanup Agreement (VCP ID No. VCP-C119)
Area B
Beginning at a point on the right-of-way line of North Temple Street located N.00°06'17"W.
660.02 feet; thence S.89°57'52"W. 841.11 feet; thence S.87°04'34"W. 69.09 feet from the
SOUTHEAST CORNER OF SECTION 34 TOWNSHIP 1 NORTH, RANGE 1 WEST, SALT LAKE
BASE & MERIDIAN. (FOUND SALT LAKE COUNTY 2.5" FLAT BRASS MONUMENT RESET IN
1996); thence S.00°00'19"W. 742.49 feet; thence West 771.68 feet; thence N.00°00'08"E.
745.49 feet to a point on the right-of-way line of North Temple Street; thence N.89°57'52"E.
160.00 feet; thence S.87°24'31"E. 132.35 feet; thence N.89°47'32"E. 359.56 feet; thence
S.35°51'50"E. 11.78 feet; thence N.89°59'22"E. 76.00 feet; thence N.35°50'34"E. 11.81 feet;
thence N.87°04'34"E. 30.17 feet to the point of beginning.
(Contains: 13.125 Acres)
Area C
Beginning at a point in the South line of South Temple Street, and the South line of Parcel
15-03- 201-010, per Entry No.: 4846680; said point being South 89°57’52” West, along the
Quarter Section line common to said Sections 3 & 34, a distance of 1683.06 feet and
South, a distance of 66.50 feet, from the Section Corner common to Section 34, & 35,
Township 1 North, Range 1 West, and Sections 2 & 3, Township 1 South, Range 1 West, Salt
Lake Base and Meridian; and running thence South 89°57’51” West, continuing parallel
with said Quarter Section line, a distance of 932.39 feet, more or less, to the East line of
Redwood Road; thence North 0°43’53” West, more or less, along said East line, a distance
of 100.00 feet, more or less, to the North line of said South Temple Street; thence East,
along said North line, a distance of 466.28 feet, more or less to the Southwest corner of
Entry No.: 3118866; thence North, along the West line of said Entry No. 3118866, a
distance of 626.81 feet, more or less, to the South line of North Temple Street; thence
North 89°57’53” East, along said South line, a distance of 467.39 feet; thence South, more
or less, along a line 100 feet East of an existing building, a distance of 726.50 feet, to the
point of beginning.
(Contains: 8.86 Acres)

Area D
Beginning at the Section Corner common to Section 34, & 35, Township 1 North, Range 1
West, and Sections 2 & 3, Township 1 South, Range 1 West, Salt Lake Base and Meridian;
and running thence North 89°57’52” East, a distance of 41.85 feet, more or less to the West
line of the Salt Lake Garfield & Western Railway Company Rail yard parcel, per Record of
Survey S2021-01- 0067, on file with the Salt Lake County Surveyor’s Office; thence South
1°22’21” West, more or less, along the West line of said Rail Yard, a distance of 33.01 feet,
more or less, to the South line of Entry No.: 4846680; thence South 89°57’52” West,
parallel with the Quarter Section Line, common to said Section 3 & 34, and the aforesaid
South line of Entry No.: 4846680, a distance of 635.04 feet; thence South 0°02’08” East, a
distance of 33.50 feet; thence South 89°57’52” West, continuing along the South line of
said Entry No.: 4846680, a distance of 317.42 feet; thence North 0°00’19” East, a distance
of 723.02 feet, more or less, to the South line of North Temple Street; thence along the lines
of said North Temple Street the following Two (2) courses: (1) North 89°59’22” East 62.87
feet; (2) North 35°50’34” East, a distance of 11.81 feet; (1) North 87°04’34” East, a distance
of 69.10 feet; (2) North 89°57’52” East, a distance of 841.11 feet, thence South 0°06’15”
East, along a random line, a distance of 660.00 feet, more or less, to the point of beginning.
(Contains: 14.76 Acres)

West North Temple Street
Lincoln
H
i
g
h
w
a
y
Re
d
w
o
o
d

R
o
a
d
Jo
r
d
a
n

R
i
v
e
r
Railro
a
d
VCP AREA 'C'VCP AREA 'B'
South Temple Street
Water
Intake
Dam
Jo
r
d
a
n

R
i
v
e
r
VCP AREA 'D'
VCP AREA 'A'
LEGEND
Power District Redevelopment Project Boundary
Approximate Site Boundary
GOOGLE EARTH (2023)IMAGE SOURCE:
PO
W
E
R

D
I
S
T
R
I
C
T

A
R
E
A

M
A
P
FI
G
U
R
E

T
I
T
L
E
DO
C
U
M
E
N
T

T
I
T
L
E
CL
I
E
N
T
LO
C
A
T
I
O
N
2/19/25
PROJECT NUMBER
DATE
AS SHOWNSCALE
DJLDESIGNED BY
CDAPPROVED BY
SRMDRAWN BY
FIGURE NUMBER
2064-0034
2
N
0 600300
SCALE FEET
15
6
9

W
E
S
T

N
O
R
T
H

T
E
M
P
L
E

S
T
R
E
E
T
SA
L
T

L
A
K
E

C
I
T
Y
,

U
T
A
H
7963 Douglas Dr
Park City, UT 84098
Phone: [phone]
www.hillwestut.com
ill
Environmental
H
estW
RO
C
K
Y

M
O
U
N
T
A
I
N

P
O
W
E
R
PO
W
E
R

D
I
S
T
R
I
C
T

R
E
D
E
V
E
L
O
P
M
E
N
T

P
R
O
J
E
C
T

–
SI
T
E

C
H
A
R
A
C
T
E
R
I
Z
A
T
I
O
N

W
O
R
K

P
L
A
N

-

V
C
P

A
R
E
A

'
B
'
f2
_
V
C
P

A
r
e
a
s

M
a
p
_
r
8