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Home My WebLink AboutDERR-2024-010194Silver Pointe Voluntary Cleanup Program Site Certificate of Completion When recorded return to: Utah Department of Environmental Quality Division of Environmental Response and Remediation Attention: Voluntary Program Coordinator Post Office Box 144840 Salt Lake City, Utah 84114-4840 RE: Silver Pointe Voluntary Cleanup Program Site (VCP #C053), Leeds, Washington County, Utah. Tax ID#s for the Parcels that make up the Subject Site or Property: L-SILV- 1-1 through L-SILV-1-22, L-SILV-1-C, L-3268-B, and a portion of L-3-1-6-3241 CERTIFICATE OF COMPLETION 1. Compliance with Terms of Voluntary Cleanup Program The Executive Director of the Utah Department of Environmental Quality (“DEQ”), through her undersigned designee below, has determined that Crocker Capital, LLC and Silver Reef Investment Holdings, LLC, hereinafter referred to as “Applicant,” has completed a DEQ supervised voluntary cleanup of the real property described in Attachment A (“Property” or “Site”), in accordance with sections 19-8-108 and 19-8-110 of the Utah Code and the Voluntary Cleanup Agreement entered into on February 2, 2007 and most recently amended on August 16, 2023. The Applicant is granted this Certificate of Completion (“COC”) pursuant to section 19-8- 111 of the Utah Code, subject to the conditions set forth in Section 3 below. 2. Acknowledgment of Protection from Liability This COC acknowledges protection from liability provided by section 19-8-113 of the Utah Code to an Applicant who is not responsible for the contamination under the provisions listed in subsection 19-8-113(1)(b) at the time the Applicant applies to enter into a Voluntary Cleanup Agreement, and to future owners who acquire the Property covered by this COC, and to lenders who make loans secured by the Property covered by the COC. As set forth in Utah Code Section 19-8-113, this release of liability is not available to an owner or lender who was originally responsible for contamination, or to an owner or lender who changes the land use from the use specified in Section 3 of the COC, if the changed use or uses may reasonably be expected to result in increased risks to human health or the environment, or to an owner or lender who causes further contamination on the Property. Also, there is no release from liability if the COC is obtained by fraud, misrepresentation, or the knowing failure to disclose material information. Finally, protection from liability is limited to contamination identified in the documents related to the investigation and cleanup of the Property. Silver Pointe Voluntary Cleanup Program Site Certificate of Completion 3. Specified Land Use for Certificate of Completion The future land use of this Property will consist of residential land use, except for the Repository and the Large and Small Head Frame Areas. The Property is subject to the Site Management Plan (“SMP”) dated March 30, 2020, as may be amended from time to time, and that certain Environmental Covenant (“EC”) recorded with the Washington County Recorder on July 12, 2021, DOC ID 20210047099, Pages 1-17. Additionally, the Property is subject to Supplemental Declaration of Covenants, Conditions, and Restrictions which were signed on April 26, 2021 and recorded with the Washington County Recorder on May 3, 2021, as Document ID# 20210031833, pages 1-22 and the Declaration of Covenants, Conditions and Restrictions of Silver Pointe Estates Phase 2, which were signed on May 10, 2024 and recorded with the Washington County Recorder on June 10, 2024 as Document ID# 20240018199, pages 1-37, collectively referred to as the “CC&Rs”. This COC is issued based on compliance with the SMP, EC, and CC&Rs. Among other requirements, the SMP, EC, and/or CC&Rs require: a. The Repository to remain as a repository, which must be managed and maintained as a repository; b. The Large and Small Head Frame Areas to be managed and maintained as capped areas for impacted soils left in place; c. A minimum six inch surficial layer of clean soil to be maintained, where required, to meet the radium-226 standard; d. Inspections, reporting, and any needed maintenance to be conducted; e. Impacted material generated during construction and future use be managed, including impacted material generated during road and utility construction, which must be assessed and handled in accordance with Appendix A of the SMP; f. Dust suppression and stormwater controls; g. Onsite workers to be notified of the health and safety requirements and ensure such requirements are followed if workers come in contact with impacted soil; h. Groundwater not to be accessed for drinking water, bathing or irrigation purposes; i. Continued consent to access to the DERR in order to monitor compliance with the EC and SMP; and; j. Continued reimbursement to the DERR for costs to the division for oversight of implementation of activities under the EC and SMP. 4. Unavailability of Release of Liability Use of the Property that is not consistent with Section 3 including failure to comply with the SMP EC and/or CC&Rs and provisions of this COC shall constitute a change in land use expected to result in increased risks to human health and the environment making the release of liability in Section 2 above unavailable. 5. Amended Certificate of Completion There is no expectation that compliance with the SMP and EC will cease to be a condition of this COC so long as contamination remains on the Site above levels protective for unrestricted land use. Further remediation under the VCP would be needed to qualify for a new or amended COC that does not include compliance with the SMP and EC as a condition of land use. 6. Availability of Records All documents discussed in this COC are on file and may be reviewed at the DEQ/DERR offtce located at 195 North 1950 West, Salt Lake City, Utah. The documents can also be viewed online using the DEQ EZ-Search utility at http://eqedocs.utah.sov/ . 7. Final Signature for Silver Pointe Certificate of Completion Dated this day ofZ,,L 2024. /,rd*/;ffi"tot Division of Environmental Response and Remediation And Authorized Representative of the Executive Director of the Utah Department of Environmental Quality STATE OF UTAH :SS ) )COUNTY OF SALT LAKE onthis Mr;rr 0'W ,2024,personally appeared before me, Brent H. Everett who duly acknowledged that he signed the above Certificate of Completion as an authorized representative of the Executive Director of the Utah Department of Environmentalp nya*n ARY PLIBLIC Residing c C-o o,-rt My Commission Expires ,29 20ttl Attachment: Legal Property Description Silver Pointe Voluntary Cleenup Prcgnm Site Certificate of Completion on: Silver Pointe Voluntary Cleanup Program Site Certificate of Completion ATTACHMENT A Silver Pointe Legal Property Description Tax ID#s for the parcels that make up the subject site: L-SILV-1-1 through L-SILV-1-22, L-SILV-1-C, L-3268-B, and a portion of L-3-1-6-3241 (specifically, that portion referred to in the subject COC as the “Property,” and described in Attachments A-1 and A-2 of the COC) ATTACHMENT A-1 (TO SILVER POINTE VOLUNTARY CLEANUP PROGRAM SITE (VCP #053) CERTIFICATE OF COMPLETION) Boundary Exhibit and Legal Description for Silver Pointe Phase 1 Development Area and Phase 2 Development Area Site Address: Silver Pointe, located in Section 6 & 7, Township 41 South, Range 13 West, Salt Lake Base and Meridian (street address not yet designated). See following pages: 4863-3591-8029, v. 1 2 ATTACHMENT A-2 (TO SILVER POINTE VOLUNTARY CLEANUP PROGRAM SITE (VCP #053) CERTIFICATE OF COMPLETION) Diagram and Legal Description for Silver Pointe Repository Area Site Address: Silver Pointe, located in Section 6 & 7, Township 41 South, Range 13 West, Salt Lake Base and Meridian (street address not yet designated). See following pages.