DERR-2024-007871

Appendix D
After recording, return to:
Kennecott Utah Copper Corporation
P.O. Box 6001
Magna, UT 84044-6001
With copy to:
Division Director
Division of Environmental Response and Remediation
Utah Department of Environmental Quality
168 North 1950 West
P.O. Box 144840
Salt Lake City, UT 84114-4840
Re:
DRILLING RESTRICTION
KENNECOTT UTAH COPPER COMPANY, owner of the property located in Salt
Lake County, State of Utah, more particularly described on Attachment A, (the "Property")
hereby makes and imposes upon the Property the following described use restriction, subject to
the terms and conditions herein stated:
1. Notice is hereby given that: (i) an aquifer lying approximately feet below the
surface of the Property is subject to the requirements and provisions of that Consent Decree dated
, in the matter of United States and State of Utah, UDEQ v. Kennecott Utah Copper
Corporation, Case No. __., United States District Court for the District of Utah (the "Consent
Decree"), and the related remedial action concerning cleanup of contaminated ground water; and
(ii) a restriction on drilling on the Property is necessary to mitigate risks to the public health,
safety and welfare and the environment. Kennecott Utah Copper Corporation, together with
those of its successors and assigns that assume the obligations of the Consent Decree, are referred
to herein as "KUCC".
Pursuant to the provisions of Utah Code Sections 19-10-101 to 19-10-108’, use of the Property is
hereby restricted as follows: except as provided herein, no owner of an interest in the Property,
including all successors and assigns of KUCC, shall drill any well on the Property that would
extract, or is capable of extracting, water (the "Drilling Restriction"); provided, however:
(a)
KUCC
the Drilling Restriction does not extend to activities conducted by or on behalf of
703273.5
Dianne R. Neilson, Executive Director of the Utah Department of Environmental Quality,
or her designated representative, hereby approves the foregoing Drilling Restriction pursuant to
Utah Code Section 19-10-103.
STATE OF UTAH )
)
COUNTY OF SALT LAKE)
Dianne R. Neilson, Executive Director,
Utah Department of Environmental Quality
On this ~ day of ,2005, personally appeared before me, a Notary Public,
, the of KENNECOTT UTAH COPPER COMPANY
personally known or proved to me to be the person whose name is subscribed to the above
instrument who acknowledged to me that he executed the above instrument on behalf of
KENNECOTT UTAH COPPER COMPANY.
My Commission Expires:
Notary Public
STATE OF UTAH )
)
COUNTY OF SALT LAKE)
Subscribed and sworn to and acknowledged before me this __ day of
2005, by Dianne R. Neilson, Executive Director of the UTAH DEPARTMENT
ENVIRONMENTAL QUALITY, or her designated representative.
OF
My Commission Expires:
Notary Public
703273.5
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