DERR-2024-010656

Washin,gton County Recorder
111 E Tabernacle
St George , UT 84770
Receipt: 24611848
Product
340
Name
Notice
Extended
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Documant # 20240026790
Document IJTJ,HDEPTOFE:,VIR ONMENTALQUAL ITY
Into PO BO X i 44840SALT LAKECITY UT
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841 '4-4 840
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Mon Aug 26 15:24:07 MOT 2024 recording
DOC I 20240026790
No ti ce Pa~e 1 o f 1 1
Gary Christensen Wash1n g ton County Recorder
08 /26/2024 03 :24 :07 PM Fee $ 0.00
By UTAH DEPT OF ENVIRONM ENTAL QUALITY
~ M'~-r"-~Cf J h ~~i~'M~r~•N'~M\111111
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 ofL-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 ~f the Utah Code, subject to the conditions set forth in Section 3 below .
2. Acknowledgment of Protection from Liability
This COC acknowledge s 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 l 9-8-113(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 Volunta ry 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 acti v ities 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.
Silver Pointe Voluntary Ocanup Program Site
Certificate of Completion
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 office
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://egedocs.utah.gov/.
7. Final Signature for Silver Pointe Certificate of Completion
Dated this ~ day of ~,,.,s-f 2024.
Brent H. Everett, Director
Division of Environmental Response and Remediation
And Authorized Representative of the
Executive Director of the Utah
Department of Environmental Quality
STATE OF UTAH
COUNTY OF SALT LAKE
)
:ss.
)
On this ?fJ day of -"b,L---=----,t----=----=---'---r• ~ , 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 Environmental Quality.
(l::.~Publk St!'teL:,''3t~~ a{µy /2. ~
My CommiSSlon Expires on : NOT ARY PUBLIC
August 28, 2024
mm. : 713822 c I C
Residing At: ....::::> LOU11 't7f
My Commission Expires IL-; , ,:;> ij; ;;) 0 ::L '(
Attachment: Legal Property Description
Silver Pointe Voluntary Cleanup Program Site
Certificate of C ompletion
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)
Silver Pointe Voluntary Cleanup Program Site
Certificate of Completion
ATTACHMENT A-1
(TO SIL VER 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:
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SILVER POINTE ENVIRONMENTAL PHASE 1 CLEANUP BOUNDARY
• (i\prR27, 2017) • • • •
Commencing at the South¼ Comer of Section 6, Township 41 South, Range 13 West, Salt ~kc
Base and Meridian; Thence South 89°2.\'21" Ea$t, ~long the Section line, a di3tancc of'.244.93
'fcetto the Pojnt o-f }kgjnnjna, Thence South 03°50'43 11 Bast; a distance of 123.66 feet; Thel\CC
South 47°29'17~\. West, a dls~ of647.30 feet, to a polnton the Northerly right of way line of
lnters~tc 15; Thence South 74Q08'53" West, aJong said line, a distance of75.53 feet ; Thence
South 73°37'16" West, a.long ~id-line, a distance of 318.33 feet to the begiMing of a non-
ta.ngentcurve to the left, of which the ~dius point lies South 18°4:3'S3'i East, a radhll distance of
2, ~ 54 .. 93 feeti thence Westerly ·atons tb.e ate of said cui'V_e and sai~. right of way lin~. through -
central angle of 01 °46'53", a distance c,f9L88 feet; Thence leaving said right of way and ru~ing
South76°S8'09" West, adisqi,nce Qf383 .40 feet; TheneeNorth02-0 34'5l" West, adist~cc of
88.46 feet; Thence North 79°03'23" West. a distance of l 1125.47 feet;. Thence North 41 °33 157"
West, a distance of 139.71 feet; Thence North 45°50'35" East, a distance of 149.49 feet; Thence
North 30°58'26" Wes~ a distrincc of 148.51 feet; Thence South 73°19'37" West, a distance of
39.98 feet to the beginning ofa non-tangent curve to the right, of which the radius polnt-lies
North 82°30'26" We,t, n radial distance of 39'4.56 feet; thence Southerly along the arc of said
curve. through a c~tral an~le o.f23°30150''t a distance of 161.93 feet; Thence North41°33'44"
West. a distance of 69.87 feet to the beg{nnina of anon-tangent curvo to the left, of which the
radiu,s pofnt lies North 62°38'42" West, a radia.l dlstar\Ce of3i8,56 feet; thence North~ly along
the a.re· of said curve, -through -a ~tral anale of:34°42'.33.", a distance of 199.04 foetto .lhe
beginni~g of a rev~ curve~ the right having a racijus o:f 43l00 feet and a centnll anate of
27°49'33"; thence Northerty:-along the arc .of sal<l curv~. a: distance of l l 0;29 feet; Thence North
20~28'18" East, a distance of 323 .57 tect to the beJinning of a curve to the right having a radius
of 63-3 .()9 feet and a central angle of 24°27'35": thence Northeasterly along the arc of said curve
a distance of270 .23 feet to the ~ginriing of a.reverse curve to the left havina a radius of iS.00
feet and a ce.ntrat angle of 83 °23'1. 8"; thence Northerly alol'la the arc of said curve, a distance of
36,39 feet; 1'he·nce North St 0 32'3Si' ~t, a dis~ce of 66.00 feet to the beginning of a non-
tangent curve to the-left, of which the radius point lies North 51°32!35" East, a radial distance of
467.00 feet ; thence Sout,he_asterly along the arc of said curve,-through a central angle of
50°25'0511 , a distance of 410 .94 feet; Thence South 8-8°SiiJ011 East, a distance of 486.85 feet;
The.nee North 77°00'05" East, a. dlstance of 221·:9 l feet to the beginning of a non-tang_ent curve
to tho right, of whlch the radlus point lies S~uth 27°07'20~ Easl, a radia l 4istan~ of 533 .00 feet;
thence Northeasterly alon_g th~. ar~ of said curve, through a . central_ angle .of 09° l 0'02'", a di$tance
of 85.28 feet; Thence North 72°02'42" Bast, a distance of 387.31 feetto the beginning of a curve
to the left having a radius of-25.0<) feet.and a central angle of $1027'47 "; ~nee Northea.irterly
along the arc of said cul'vc a distance of 3 s;ss f oet to the beainnins of a reverse curve to the right
having a radius of 3-20.06 f~ and a QC!ntral angle of 1<r2.0'19"; thence Northerly alo.os the arc of
said cwve; a distance of 57. 75 feet; The11cc North 86~52·'23" East, a distance of 55.17 feet to the
SiL\IER POINTE $UBOIVISION PHASE 1~2 IOUNDAAY • • • • • • • • .rll 6, i017
begiiµung . of a non:-~ent cutve to the left, of whlch· the, radius point lies South 88~14 116;, East;
a:_r~ctial dlstanc;e of 26$ .. 0~ f~; thence ,Southerly ~toim_the arc of sal.d curve, through a cent~
qle of 10°45 157;',. a di.stjmce -of 49~80 feet to the.~~ of a con1p0und curve to the left
having a radius ~f 25 ,.00 feet and a eentri,\l ansle of 83°49'06"; 1hence ~oµtheasterly along the arc
otsaid curve, a distance ◊f 36.S7 .feet;· Thence North 87°10'41" East, a distance of 210.1 s feet to
the beginning .of a curve to the left having a radius of 35.00 feetand a central angle of 51°48 159";
thence 'Nortlle~rly along me fltc Qfsaid CW'.\'.e a. dis~~ of 31.65 f~t to the begin_ning of a
~verse c\ltVe to .the rlghthavil;l'g a nidius of 75.00 feet .:arid a central angle <>f14°5 l106"; thence
Nortb.rly alorig Jhc arc of ~~d Qurv,, a. distance_ ot 19.44 &et to the beginning of a reverse
. cu_r:v.c to the let\ having -a~us of3S,:00 (~tanc;l a. ~ntral angle c:,f S1°48'59"; fuence •
Northeasterly atonsthe ~ ofsaidcurve,:~<.\isw,ic.e~f31.65 feet; Thence North 01~36 112'' Wes~
a. .4iatance .of .19. 76 feet; Thence North 86°52;23" Eu,t. a distance of ~.02 feet; Thence Sout~
Of•36'l2 11 East, a distance. of 21.5~ feet.to the beginrii11g of a ctirve to tlu, lefthaving a radius of
35~00 feet a,nd a central &Q,gl.c of Sl 0 48 159"; thence Sou~eastcrly along the arc o.fsaid cwve a
distance of 31.65 .f~t to the beginnins of a tcverse ;curve to the. right bav,ns a radius of7S.OO
feet and a_ central angle ofl 0°00'40'i; theitce Southeasterly along tho arc of said curve, a distance
of 13.10 feQt to th~ begl~ing ()f jl reverse curve to ,theJeft having a raqius of 35..00 f~ and a
.central angle of5 l 0 48'5:9"; tb.ence Easterly alon3 the arc ofsaid curve, a distance of 31.6S feet;
Thence North 84°46'29" Bast; ~ distance of t 52.48 feet; Thence South 03 °20'50" East, a distance
of0 .. 54 feeti Then~ NQl$ 33°24127'' Eas~ a QiStlincc of168:91 feet; Thence ~outh 82°58'17"
East, a distance of 45,07 f.eet; Thence North 03°51'53" Bast, a distance of6.15 feet; 1bcnce
North 84°46'29 1
' East. a d.l81ance of32.48 f.ccttc>"the beginnitls ofa curve to the right having a
radius of 452.00 feet and a ~ritral angle of 38°S9'Q3 "; ~ce Easterly aions tht arc of said curve
a distance of 3 07 .54feet; Thence South Sl 0 40'54" West, a distance of 53~97 t~; Thence South
38°08'49" East, a. distance of 104.34 feet; Thence South 06c:i43•1 l" West, a clista11ce of 103 ,39
feet; Thence Soutb .41°05'07" W.~t. adi~tanceof 85.lO feet; Thence Sou(h {4°48'22~ West, a
dlst~ce oft 86.95 .feet; Thencei South 46b56'28" West..a distance of 312.35 feet; Thence So~th
(i3GQ0'24" West, a dis~ce':of 192,74 feet to the f.s>:wt of:Bcginnioa,
LESS AND .EXCEPTING that parcel shown by Tax lD #3i95•N Being known as the Leeds
Town Cemetel'y
Containing a remainder of: 77,79 ~res. mol.'C orl~$8.
Page 12
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.
2
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REP OSITORY
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OWNED AND CONTROLLED BY SPE-HOA
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SPW NO VEMBER 1, 20 17 T A3S 828 6000 • F >1 3G GlA l.'1~:l -.1f.1tt,•ttm{i tlffli'Cl com
43 South 100 East, Suite 100
St George, Utah 84770
T 435.628.6500
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alphaengineering .com
SILVER l'OINTE REPOSITORY HOUNDARY DESCRIPTION
( October 12, 2017)
Commencing al the West ¼ Corner or Section 6, Township 41 South, Range 13 West, Salt Lake
Dase and Meridian; Thence South O IO I 0'59" West, along the Section line , a distance of 1668.90
feet; Thence North 90°00'00" East, a distance or 479.18 feet to the Point of Beginning. Th ence
North 75°57' IO" Eust, a distance of 162.06 feel; Thence South 41 °21 '59" East, a distancc; of'
54.71 l'cet; Thence South 00 °51 '30" West, a distance or 441.58 feet; Thence North 89°1 0' 13"
Wt:sl, a distance or 19 .27 feet; Thence North 53°52'52" Wt:sl, a distance of 17.28 feet, to the
beginning ofa non-tangent curve to the right, of which the mdius point lies North 55°12'22"
East, a rndiul distance (>I' 467 .00 feet; thence Northerly along tht: an.: or :mid curve, through a
central nnglc of27°24'04", a distance of 223.34 feet; Thence North 07°23'34" West, a distance of
21.58 feet, to the beginning 01 · u curve to the left having a rndius of 533 .00 lt!el and o central
angle of 23 °29'23"; thence Northerly along the arc of said curve a distance 01'218 .52 feet, to the
Point or Beginning.
Con taining 54,374 square feet or 1.25 ucres, more or less .