DERR-2024-010361

RECEIVED
DEC 29 2008
, DEQ
Eniflro/iiDental Response S RemBdIation ENT 131919:aOOa PG 1 of 8
When rernrried return tn- " -f-.-oo«nBmBOiamn RANDALL A- COUINGTOH
wnen recoraea return to. UTAH COUNTY RECORDER
Utah Department of Environmental Quality 2008 Dec 16 3:12 pn FEE 0.00 BY EO
r»- • • fxj - ,,r, AT> A- ,• .- RECORDED FOR UDEQ
Division of Environmental Response and Remediation '
Attention: Voluntary Cleanup Program Coordinator SCAfMNEP
168 North 1950 West
Salt Lake City, Utah 84116 _BERR.Sffi^02340
RE: Ironton Voluntary Cleanup Site, VCP # C006
Bounded on North by Ironton Boulevard, South by US Route 75, East by US Route
89, West by the Union Paciflc L.A. and S.L. Railroad Interchange Yard,
Provo, Utah 84603
CERTIFICATE OF COMPLETION
1. Compliance with Terms of Voluntary Cleanup Program
The Executive Director ofthe Utah Department of Environmental Quality, through his undersigned
designee below, has determined that U.S. Steel Corporation (USS), the City of Provo, and the Provo
Redevelopment Agency, hereinafter collectively referred to as "Applicants," have completed a Utah
Department of Environmental Quality supervised voluntary cleanup ofthe real property described in
Attachment A (the "Property"), in accordance with sections 19-8-108 and 19-8-110 ofthe Utah Code
Annotated and the Voluntary Cleanup Agreement entered into on July 30,1998, and that U.S. Steel
Corporation, the City of Provo and the Provo Redevelopment Agency are granted this Certificate of
Completion ("COC") pursuant to section 19-8-111, subject to the conditions set forth in paragraph
three below.
2. Acknowledgment of Protection From Liability
This COC acknowledges protection from liability provided by section 19-8-113 ofthe Utah Code
Annotated to an applicant who is not responsible for the contamination under the provisions listed in
subsection 19-8-113(l)(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 section 19-8-113, this release of liability is not available to an owner or lender who
was originally responsible for a release or contamination, or to an owner or lender who changes the
land use from the use specified in the COC ifthe 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 releases 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.
ENT 131919:S00a PG E of 8
3. Specified Land Use for Certificate of Completion
This COC is issued based on the Applicant's representation that the Property will be used for
commercial/retail and/or industrial and light manufacturing uses, consistent with the
commercial/industrial worker exposure scenario described in the Risk Assessment Guidance for
Superfund, Volume I, Human Health Evaluation, Parts A and B. The commercial/industrial
scenario is defined as exposure to adults to incidental ingestions and dermal contact to hazardous
constituents for a duration of 25 years at a frequency of 250 days a year for eight hours a day.
This COC is not issued for use of the Property for process industries (such as oil refining and
processing and steel manufacturing facilities), managed care facilities, hospitals, residential use
(including caretakers that reside on the Property), or for day care and school facilities. Uses that are
not anticipated as stated above would be inappropriate and unacceptable for the Property. Additional
investigation and possible remediation would be required, and the COC amended to allow for those
uses. Since those uses were neither represented nor approved, they would nullify the release of
liability and coverage of this COC described in section two above.
In addition, this COC is issued based upon compliance with the Site Management Plan (SMP),
dated September, 2008. Among other things, the COC and SMP, require:
a. The Property shall be used in a manner that is consistent with the land use described in section
three above;
b. Routine monitoring of groundwater (Section "E" of SMP) and submission of sampling results to
the Utah Department of Environmental Quality, Division of Environmental Response and
Remediation for review;
c. Non-use and non-access to ground water from the shallow aquifer located beneath the Property
via wells, pits, sumps or other means for the purpose of irrigation, drinking or bathing except as
expressly authorized in writing by the Utah Department of Environmental Quality;
d. Compliance with the Contamination Contingency Plan (Section "G" of SMP), in the event that
impacted material above site cleanup goals is encountered and contaminant concentrations in
groundwater increase substantially in concentration or migrate off-site;
e. Continued reimbursement to the Utah Department of Environmental Quality for its oversight of
the SMP and review of groundwater sampling results submitted there under;
f. Continued consent to access by the Utah Department of Environmental Quality to monitor
compliance with the SMP and;
g. Implementation and compliance with the Covenants, Conditions and Restrictions ("CC&Rs) for
the development and use of the Property and recorded with the Utah County Recorder on
January 15, 2008, Entry No. 4986:2008, Pages 1-19, and on June 24, 2008, Entry No.
73022:2008, Pages 1-14.
4. Unavailability of Release of Liability
Use of the Property that is not consistent with section three, including failure to comply with the
ENT 131919:^008 PG 3 of 8
SMP and the provisions of this COC, shall constitute a change in land use expected to result in
increased risks to human health/the environment making the release of liability in section two
unavailable.
5. Amended Certificate of Completion
Upon completion of the SMP, the Applicant, current or future owners or lenders may request the
Utah Department of Environmental Quality to record an amended COC to delete compliance with
the SMP 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 UDEQ/ Division of
Environmental Response and Remediation office located at 168 North 1950 West, Salt Lake City,
Utah.
7. Final Signature for Ironton Certificate of Completion
Dated this l^^y of hs^rsrri>R>S^ 200S1.
Jrad T Johnson, Director
Division of Environmental Response and Remediation
And Authorized Representative ofthe
Executive Director of the Utah
Department of Environmental Quality
STATE OF UTAH ' )
:ss.
COUNTY OF )
On this/r^ day of y^,j,^J.e,i, 200j^, personally appeared before me, ^^^^^/-^ ^ CiZ^^cv^^v^—^
who duly acknowledged that he/she signed the above Certification of Completion as an amhorized
representative of the Executive Director of the Utah Department of Environmental Quality.
NOTARY PUBUC
My Commission Expires /"^B-" '2'Ot(
Residing At: y^r^d^y /l^h.^ftX/'
toatfmajC'naECPUBiH
12830 8. REDWOOD RD.
WVERTOII,UT 84088 ,
ENT 131919:200a PG 4 of 8
ATTACHMENT A
Ironton Voluntary Cleanup Site
Legal Property Description
ENT 131919:E008 PG 5 of 6
Mountain Vista Business Center
CC & R's/ Site .Management Plan
Legal Description
Parcel 2
Beginning at a point south 639.14 feet and west 2543.38 feet fram the Nortlieast Corner of
Section 20, Toviooship 7 South, Range 3 East, Salt Lake Base and Meridian; and running thence S
24° 37' 43" E 824,64 feet; thence S 89 ° 26' 38" W 136.46 feet; thence N 74 ° 43' 0" W 236.22
feet; thence N 21' 33' 34" W 634.18 feet; thentie N 68° 42' 31" E 272.29 feet to tlie point of
beginning.
Together with and subject to covenants, conditions, restrictions and easements of record.
Said parcel 2 contains 4.98 acres more or less.
Parcel 2 Tax Identification Numbers
23: 001: 0002 Novatek
23: 001: 0049 New Ironton Properties
35:082:0011 Novatek
35: 082: 0017 Provo City hft station
35: 082: 0500 Provo City - road
47:224: OOOl Intelliserv
ENT 131919:5008 PG e of 8
ATTACHMENT B
Ironton Voluntary Cleanup Site
Site Map
i
m 131919:200© P6 7 of 8
o
CO
a.
<0 o o
OJ
pi
1-4
ro
Parc^ ownership within Ironlon site boundarv
1. Provo City Redevelopment Agancy
2. Provo Oily Corporslio:!
S.John Curtis
4. Argonaut investments Co
5 New ironton Properties
6 Novaleis
500
ff
Scale 1:6,000 (1" = 500')
0 500
Road
Unimproved Dirt Road
Railroad
] Ironton Site
I I Parcel Boundary
1,000
Sfeet
SITE MAP
IRONTON SITE MANAGEMENT PLAN
n}cSj United States Steel Corporation
URS FIGURE 1