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Home My WebLink AboutDERR-2024-010760 When Recorded Return To: Richard Sweeting – Chief of Facilities National Park Service (NPS) P. O. Box 1507 (691 Scenic View Dr.) Page, AZ 86040 With Copy To: Mark Crim, DERR Project Manager EPA ID No. UTP000001342 Utah Department of Environmental Quality Division of Environmental Response and Remediation, UST Branch 195 North 1950 West, 1st Floor P.O. Box 144840 Salt Lake City, Utah 84114-4840 John Amato, Operations Lead Chevron Environmental Management Company 5001 Executive Parkway San Ramon, CA 94583 Parcel Nos.(see Exhibit A) ENVIRONMENTAL COVENANT This environmental covenant is made pursuant to the Utah Uniform Environmental Covenants Act, Utah Code Section 57-25-101, et seq. (the “Utah Act”). National Park Service (NPS), as grantor (“Grantor”) makes and imposes this environmental covenant upon the property more particularly described in Exhibit A attached hereto (the “Property”).The street address for the Property is Halls Crossing Marina, Hwy 276,Halls Crossing, Utah. This environmental covenant shall run with the land, pursuant to and subject to the Utah Act. Notice. Notice is hereby given that the Property is or may be contaminated with a regulated substance and therefore this environmental covenant is imposed to mitigate the risk to public health, safety and the environment.Environmental Response Project.An environmental response project was conducted on the Property under the authority of the Utah Underground Storage Tank Act, Title 19, Chapter 6, Part 4 of the Utah Code that is administered by the Division of Environmental Response and Remediation (“DERR”) in the Utah Department of Environmental Quality. The Property is located at Halls Crossing Marina, Halls Crossing, Utah(Exhibit B, Figure 1). Six USTs were located in the former tank basin: three 6,000-gallon USTscontaining unleaded gasoline, and three 12,000-gallon USTs, onecontaining unleaded plus gasoline and two premix gasoline (leaded gasoline/oil ratio of 50:1). The tank basin location is shown on Exhibit B, Figure 2. The dimensions of the 6,000-gallon USTs were 8 feet in diameter by 16 feet long, and the 12,000-gallon USTs were 8 feet in diameter by 32 feet long. The product piping extended approximately 1,000 feet northeast to the marina. Approximately 700 feet of piping wereburied underground, and 300 feet wereabove ground in flexible hose (ARA Leisure Services [ARA] 1992). On June 6, 1991, ARAreported a release of petroleum hydrocarbons at the Halls Crossing Marina, Halls Crossing, Utah (EPA ID No. UTP000001342). Inventory reconciliation for the unleaded plus product indicated a loss of 3,900 to 4,300 gallons. A system tightness test was subsequently conducted which revealed a failure in a 2-inch diameter single-wall fiberglass product pipe. The pipeleak was in the vicinity of the valve box. The valve box was situated within the tank basin. Soil and groundwater analytical results obtainedduring assessment activities are summarized in Exhibit B. Figure 2 shows the locations of former and existing infrastructure, monitoring wells, and the area where petroleum concentrations in on-site soils and/or groundwater remain above DERR Cleanup Standards (75-foot radius; “Restricted Area”;Figure 2). Soil and groundwater sample locations and approximate extent of impacts are shown on Figure 3.Analytical results are summarized in Tables 1, and 2, respectively. Grantor.The Grantor of this environmental covenant is also an Owner as defined in Paragraph 4. Owner. The “Owner” of the Property is a person or entity who controls, occupies, or holds an interest (other than this environmental covenant) in the Property at any given time. Because this environmental covenant runs with the land, the obligations of the Owner are transferred to assigns, successors in interest, including without limitation to future owners of an interest in fee simple, mortgagees, lenders, easement holders, lessees, and any other person or entity who acquires any interest whatsoever in the Property, or any portion thereof, whether or not any reference to this environmental covenant or its provisions are contained in the deed or other conveyance instrument, or other agreements by which such person or entity acquires its interest in the Property or any portion thereof (“Transferees”). Upon transfer of an Owner’s interest in the Property, the Owner shall have no further rights or obligations hereunder. Notwithstanding the foregoing, nothing herein shall relieve Owner during the time it holds an interest in the Property of its responsibilities to comply with the terms hereof and all other provisions of applicable lawor of responsibility for its failure to comply during the time it held an interest in the Property. Holder.NPSand Chevron Environmental Management Company (CEMC)shall be the grantee (“Holder”) of this environmental covenant as defined in Sections 57-25-102(6), 103(1), 103(3)(b). Holder may enforce this environmental covenant.Holder’s obligations hereunder are limited to the specific provisions and the limited purposes described herein.Subject to the provisions hereof, Holder’s rights and obligations survive the transfer of the Property. Agency.The Utah Department of Environmental Quality (“UDEQ”) is the Agency (as defined in the Utah Act) under this environmental covenant.The Agency may be referred to herein as the Agency or the UDEQ. The Agency may enforce this environmental covenant. The Agency assumes no affirmative duties through the execution of this environmental covenant. Administrative Record.The environmental response project is assigned EPA ID No. UTP000001342(“Administrative Record”) on file with the DERR. Activity and Use Limitations.As part of the environmental response project described above, the following activity and use limitations are imposed on the Restricted Area (area of remaining soil and groundwater impacts) of the Property as shown onExhibit B, Figure 3. Use Limitations. Residential uses are prohibited. Use Limitations. Groundwater shall not be used for drinking water, irrigation, agricultural or bathing purposes. No extraction, evacuation, pumping or removal of groundwater from the subsurface shall be permitted without prior approval from the DERR. Construction Requirements and/or Limitations. In the event that future construction activities involving excavating are planned for the RestrictedArea, workers will be required to comply with the Occupational Safety and Health Administration (OSHA) training for hazardous materials facilities (29 CFR 1910.120). Petroleum impacted soil or water that is removed at that time shall be treated/disposed in accordance with applicable law. When constructing any structure above the RestrictedArea, Owner shall install, maintain and operate vapor-related engineering controls to eliminate the potential for subsurface vapor phase petroleum to migrate into the structure, unless a vapor intrusion risk assessment is conducted and shows that there is no unacceptable vapor intrusion risk, as determined by the DERR, using the criteria and standards as required by Utah Admin. Code R311-211 Corrective Action Clean-Up Standards Policy – UST and CERCLA Sites, as may be amended from time to time. Prior to beginning any construction, Owner shall submit the following information to the DERR for review and approval: A soil and groundwater management plan describing how contaminated soils and groundwater will be handled and disposed of during construction; A description of how exposure to anyresidual contamination in accordance with the criteria and standards required by Utah Admin. Code R311-211 Corrective Action Clean-Up Standards Policy – UST and CERCLA Sites will be mitigated post-construction; The installation, design and testing specifications of any vapor barriers or other corrective action measure to be implemented at the site, including providing the DERR with copies of Owner’s application for a building permit with its vapor-related engineering control plan, which has been reviewed, stamped and certified by a Utah licensed Professional Engineer as adequate to protect human receptors from exposure to petroleum vapor; A description of the operation and maintenance of any corrective action systems installed (i.e. a vapor barrier system); Any required permits and approvals for environmental work associated with the petroleum contamination; and Any sampling plans. After construction is completed and prior to occupation, Owner shall submit to the Agency a Post-Construction Report, which includes the following: A report signed by a Utah Certified Petroleum Storage Tank Consultant documenting the proper handling and disposal of contaminated soil and groundwater, including final waste manifests; Documentation demonstrating that the installed vapor-related engineering controls provides adequate protection to human receptors from exposure to petroleum vapor, including as-built drawings of the building and vapor mitigation system, documentation prepared by a Utah Licensed Professional Engineer certifying that the vapor mitigation system was installed and results indicating the system is operating according to the approved plans and specifications; and Any soil, groundwater or vapor sample results from samples taken before and in connection with the construction. Compliance Reporting. Upon request, Owner shall submit written documentation to the UDEQ verifying that the activity and use limitations remain in place and are being followed. Periodic Agency Oversight. Agency may register the Property with BlueStakes to obtain notification of planned excavations in the area. Blue Stakes charges a fee for each notification. Upon request, Owner shall reimburse Agency for notification fees and any associated Agency oversight.Agency may conduct periodic inspections and reviews to assess the protectiveness of the activity and use limitations described herein. Upon request, Owner shall reimburse Agency for costs associated with inspections and reviews. Compliance Enforcement. This environmental covenant may be enforced pursuant to the Utah Act. Failure to timely enforce compliance with this environmental covenant or the activity and use limitations contained herein shall not bar subsequent enforcement, and shall not be deemed a waiver of a right to take action to enforce any non-compliance. Nothing in this environmental covenant shall restrict the Agency from exercising any authority under applicable law. Right of Access. The right of access to the Property is permanently granted to the Agency and the Holders and their respective contractors for necessary response actions, inspections, implementation and enforcement of this environmental covenant.Notice upon Conveyance. Owner shall notify the Agency and Holder within twenty (20) days after each transfer of ownership of all or any portion of the Property. Owner’s notice to the Agency and Holder shall include the name, address and telephone number of the Transferee, a copy of the deed or other documentation evidencing the conveyance, and an unsurveyed plat that shows the boundaries of the property being transferred. Instruments that convey any interest in the Property (fee, leasehold, easement, encumbrance, etc.) shall include a notification to the person or entity who acquires the interest that the Property is subject to this environmental covenant and shall identify the date, entry no., book and page number at which this document is recorded in the records of the San Juan County Recorder, in the State of Utah. Failure to provide notification shall have no effect upon the enforceability and duty to comply with this environmental covenant. Representations and Warranties. Grantor hereby represents and warrants to the other signatories hereto: that it is the sole fee simple owner of the Property; that it has the power and authority to enter into this environmental covenant, to grant the rights and interests herein provided and to carry out all obligations hereunder; that it has identified all other persons that own an interest in or hold an encumbrance on the Property, has notified such persons of its intention to enter into this environmental covenant, and has notified the Agency of the names and contact information of the persons holding such encumbrances as provided in Paragraph 17, below, entitled: “Notice;” and, that this environmental covenant will not materially violate or contravene or constitute a material default under any other agreement, document, or instrument to which it is a party or by which it may be bound or affected. Amendment or Termination. This environmental covenant may be amended or terminated pursuant to the Utah Act. Except as set forth herein, Grantor and Holder waive any and all rights to consent or notice of amendment concerning any parcel of the Property to which Grantor or Holder has no fee simple interest at the time of amendment or termination. Effective Date, Severability and Governing Law. The effective date of this environmental covenant shall be the date upon which the fully executed environmental covenant has been recorded as a document of record for the Property with the San JuanCounty Recorder. If any provision of this environmental covenant is found to be unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. This environmental covenant shall be governed by and interpreted in accordance with the laws of the State of Utah. Recordation and Distribution of Environmental Covenant. Within thirty (30) days after the date of the final required signature upon this environmental covenant, Grantor shall file this environmental covenant for recording in the same manner as a deed to the Property, with the San JuanCounty Recorder’s Office. Grantor shall distribute a file-and-date stamped copy of the recorded environmental covenant to the Agency. Notice. Unless otherwise notified in writing by or on behalf of the pertinent party any document or communication required by this environmental covenant shall be submitted to: If to the UDEQ: Mark Crim, DERR Project Manager EPA ID No. UTP000001342 Utah Department of Environmental Quality Division of Environmental Response and Remediation, UST Branch 195 North 1950 West, 1st Floor P.O. Box 144840 Salt Lake City, Utah 84114-4840 If toNPS: Richard Sweeting– Chief of Facilities National Park Service (NPS) P. O. Box 1507 (691 Scenic View Dr.) Page, AZ 86040 If toCEMC: John Amato – Operations Lead Chevron Environmental Management Company (CEMC) 5001 Executive Parkway San Ramon, CA 94583 17.Governmental Immunity. In executing this covenant, the Agency does not waive governmental immunity afforded by law. The Grantor, Owner, and Holder, for themselves and their successors, assigns, and Transferees, hereby fully and irrevocably release and covenant not to sue the State of Utah, its agencies, successors, departments, agents, and employees (“State”) from any and all claims, damages, or causes of action arising from, or on account of the activities carried out pursuant to this environmental covenant except for an action to amend or terminate the environmental covenant pursuant to Sections 57-25-109 and 57-25-110 of the Utah Code or for a claim against the State arising directly or indirectly from or out of actions of employees of the State that would result in (i) liability to the State of Utah under Section 63G-7-301 of the Governmental Immunity Act of Utah, Utah Code Section 63G-7-101, et seq. or (ii) individual liability for actions not covered by the Governmental Immunity Act as indicated in Sections 63G-7-202 and -902 of the Governmental Immunity Act, as determined in a court of law. 18.Payment of Agency’s Costs. Consistent with the Act and other applicable law, the Owner, if invoiced, shall reimburse Agency for its costs related to this Environmental Covenant. The invoice may be based on actual costs incurred by Agency or on the fee schedule approved by the legislature or both as applicable. National Park Service as Grantor, Owner, and Holder ____________________________________ Richard Sweeting, Chief of Facilities ___________________________________ DateState ofUtah): ss.County ofSan Juan) On this ______ day of _____________, 2024, appeared before me,Richard Sweeting, Chief of FacilitiesNPS, Grantor, Owner and Holder herein, who, his identity and position having been satisfactorily established to me, affirmed to me upon oath that the governing body of NPShas authorized him to execute the foregoing environmental covenant, and did duly acknowledge in my presence having executed the same for the purposes stated therein. Notary Public Chevron Environmental Management Company as Holder ____________________________________ NAME, TITLE ___________________________________ DateState ofCalifornia): ss.County ofContra Costa) On this ______ day of _____________, 2024, appeared before me,NAME, TITLECEMC, Holder herein, who, his identity and position having been satisfactorily established to me, affirmed to me upon oath that the governing body of CEMChas authorized him to execute the foregoing environmental covenant, and did duly acknowledge in my presence having executed the same for the purposes stated therein. Notary Public UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY The Utah Department of Environmental Quality authorized representative identified below hereby approves the foregoing environmental covenant pursuant to Utah Code. Sections 57-25-102(2) and 57-25-104(1)(e). Brent H. Everett, DirectorDate Division of Environmental Response and Remediation Utah Department of Environmental QualityState ofUtah): ss.County ofSan Juan) On this _______day of _____________, 2024appeared before me Brent H. Everett, an authorized representative of the Utah Department of Environmental Quality, personally known to me, or whose identity has been satisfactorily established to me, who acknowledged to me that he executed the foregoing environmental covenant. ______________________________ Notary Public Exhibit A Property Halls Crossing Marina Hwy 276 Halls Crossing, UT, 84533 Description 75-foot radius around37.464205 degrees north latitude, -110.715098degrees west longitude as shown in Exhibit B. Exhibit B Figures and Tables Exhibit B, Figures Exhibit B, Tables