DERR-2024-008589

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION
Brent H. Everett
Director
ERRC-086-24
June 26, 2024
Jeremy Bell
Crossroads of the West Council of the Boy Scouts of America
1200 East 5400 South
Ogden, Utah 84403
Bryan Torgerson
School and Institutional Trust Lands Administration
P.O. Box 215
Monticello, Utah 84535
Re: Moab Base Camp Site Eligibility and Agreement, Moab, Grand County, Utah
Dear Mr. Bell and Mr. Torgerson:
The Utah Department of Environmental Quality (DEQ) has completed a review of the Voluntary
Cleanup Program Application (Application) for the property known as Moab Base Camp (Site) located
along Gemini Bridges Road, approximately 5.6 miles from State Road 313, Moab, Grand County, Utah.
Based on the information included with the Application, the DEQ accepts the Site into the Voluntary
Cleanup Program (VCP).
Enclosed with this acceptance letter is a standardized Voluntary Cleanup Agreement
(Agreement) that the DEQ is prepared to sign. In order to effectively operate the VCP with the resources
available, the DEQ has standardized the Agreement in order to avoid negotiations on a site-specific
basis. The Agreement is simply designed to facilitate a relationship between the parties involved in the
interest of characterizing and remediating impacted property in a timely and efficient manner.
Please note that the VCP is entirely voluntary and, as such the Crossroads of the West Council
of the Boy Scouts of America and School and Institutional Trust Lands Administration may withdraw
from the program or terminate the Agreement at any time and for any reason in a manner consistent
with the statute.
The Environmental Assessment submitted in conjunction with the VCP Application will be
reviewed. The DEQ's comments on the document will be submitted under separate cover in the future.
Page 2
It is requested that the enclosed Agreement be signed as soon as possible such that the
investigation and remediation of the Site may proceed as quickly and efficiently as possible. The
Agreement has been sent to you via our electronic signature process.
Should you have any questions regarding this letter, the Agreement, or the voluntary cleanup
process, please contact the DERR Project Manager, Allison Stanley, at [phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
AS/tt
Enclosure: Voluntary Cleanup Program Agreement
cc: Brady Bradford, Health Officer, Southeastern Utah District Health Department
Orion Rodgers, Environmental Health Director, Southeastern Utah District Health Department
Curtis Page, District Engineer, Utah Department of Environmental Quality
VCP Agreement 1
DEPARTMENT OF ENVIRONMENTAL QUALITY

VOLUNTARY CLEANUP AGREEMENT

I. INTRODUCTION

A. This Agreement is entered into voluntarily by Crossroads of the West Council of
the Boy Scouts of America and School and Institutional Trust Lands Administration, collectively
referred to as “Applicant” and the Executive Director of the Utah Department of Environmental
Quality (DEQ). This Agreement is not and shall not be construed as an admission of any liability
under the Utah Solid and Hazardous Waste Act or any other law or as a waiver of any defense to
such liability. No approval hereunder or receipt of funds hereby shall be taken as a warranty as to
sufficiency or efficacy of the response action. The purpose of this Agreement is to detail the
obligations and functions of each party, related to the voluntary cleanup process at the Site as
defined in Section IV. The Site name is Moab Base Camp. The Site is located along Gemini
Bridges Road approximately 5.6 miles from State Road 313, Moab, Grand County, Utah. The Site
Voluntary Cleanup Program (VCP) number is #133. The Site legal description submitted by the
Applicant is attached and incorporated herein as Exhibit “A”.

B. The activities conducted by the Applicant under this Agreement are subject to
approval by the DEQ. The activities conducted by the Applicant shall be consistent with this
Agreement, all applicable laws and regulations and any appropriate guidance documents. The
Applicant shall employ sound scientific, engineering and construction practices.

II. STATEMENT OF ELIGIBILITY

A. The Executive Director has determined that the application submitted by the
Applicant is complete and that the Applicant is eligible to participate in the VCP established under
Title 19, Chapter 8 of the Utah Code. If the Executive Director determines that the Applicant
withheld or misrepresented information that would be relevant to the Applicant’s eligibility, the
Executive Director may exercise the right to withdraw from this Agreement.

III. PARTIES BOUND

A. This Agreement shall apply to and be binding upon the Applicant, its officers,
directors, principals, employees, receivers, trustees, agents, successors, subsidiaries, and assigns
and upon the DEQ, its employees, agents and successors. The signatories to this Agreement certify
that they are fully authorized to execute and legally bind the parties they represent. No change in
ownership, corporate, or partnership status of the Applicant shall in any way alter its status or
responsibilities under this Agreement unless the Applicant or the DEQ withdraws from this
Agreement.

B. The Applicant shall provide a copy of this Agreement to any subsequent owners or
successors and shall provide written notice to the DEQ before ownership rights are transferred
during the term of this Agreement. The notice of transfer shall include the name, address and
telephone number of the purchaser and the anticipated date of the transfer. The notice of transfer
VCP Agreement 2
does not constitute a notice of termination unless the intent to terminate is expressly stated. The
Applicant shall provide a copy of this Agreement to all contractors, subcontractors, laboratories,
and consultants which are retained to conduct any work performed under this Agreement, within
fourteen (14) days after the effective date of this Agreement or within 14 days of the date of
retaining their services.

C. This Agreement may be assigned to subsequent owners with the discretionary
consent of the Executive Director.

IV. DEFINITIONS/GLOSSARY

“Applicant” means Crossroads of the West Council of the Boy Scouts of America and School and
Institutional Trust Lands Administration (SITLA).

There are two applicants: Crossroads of the West Council of the Boy Scouts of America of the
Boy Scouts of America and SITLA. The Applicants and the DEQ agree that Crossroads of the
West Council of the Boy Scouts of America shall take lead in the dealing with administrative,
technical and financial issues under the program and shall serve as the primary contact between
the Applicants and the DEQ. Crossroads of the West Council of the Boy Sco uts of America shall
coordinate as necessary with SITLA. However, both Applicants are jointly responsible for the
work conducted, the representations made and the costs incurred under the program. The DEQ
will copy SITLA in its correspondence with Crossroads of the West Council of the Boy Scouts of
America.

“RAP” means Remedial Action Plan.

“Site” means the area described in the VCP application, or as may be amended through
amendment to this Agreement.

“SMP” means Site Management Plan.

“VCP” means Voluntary Cleanup Program.

“DEQ” means Utah Department of Environmental Quality.

V. ADDRESSES FOR ALL CORRESPONDENCE

A. Documents, including workplans, reports, approvals, notifications, disapprovals,
and other correspondence to be submitted under this Agreement, may be sent by facsimile,
electronic mail, certified mail, return receipt requested, hand delivery, overnight mail or by courier
service to the following addresses or to such addresses as the Applicant or the DEQ may designate
in writing.

VCP Agreement 3

B. Documents to be submitted to the DEQ should be sent to:

Department Representative:

Allison Stanley, Project Manager
Division of Environmental Response and Remediation
195 North 1950 West
Salt Lake City, Utah 84116
Phone Number: (385)-391-8134
Facsimile Number: [phone]
E-mail Address: [e-mail]

C. Documents to be submitted to the Applicant should be sent to:

Applicant Representatives:

Jeremy Bell
Crossroads of the West Council of the Boy Scouts of America
1200 East 5400 South
Ogden, Utah 84403
Phone Number: [phone]
E-mail Address: [e-mail]

Bryan Torgerson
School and Institutional Trust Lands Administration
PO Box 215
Monticello, Utah 84535
Phone Number: [phone]
E-mail Address: [e-mail]

VI. COMPLIANCE WITH APPLICABLE LAWS

A. All work undertaken by the Applicant pursuant to this Agreement shall be
performed in compliance with all applicable federal, state and local laws, ordinances and
regulations, including, but not limited to, all applicable Occupational Safety and Health
Administration, Department of Transportation, and Utah groundwater laws and regulations, and
the Resource Conservation and Recovery Act and implementing regulations. In the event of a
conflict in the application of federal, state, or local laws, ordinances and regulations, the Applicant
shall comply with the more/most stringent of such laws, ordinances, or regulations, unless
provided otherwise in writing by the DEQ. Federal requirements shall be followed if they are the
more/most stringent. However, as provided in Utah Code Section 19-8-114, a state or local
environmental permit shall not be required, although the Applicant must coordinate with ongoing
federal and state hazardous waste programs and must comply with the substantive requirements of
an otherwise required state permit. Where it is determined that a permit is required under federal
VCP Agreement 4
law, the Applicant shall submit timely and complete applications and take all other actions
necessary to obtain all such permits or approvals. The Applicant shall be responsible for obtaining
all federal permits required under federal law, including but not limited to permits required under
programs delegated to the State, which are necessary for the performance of any work hereunder.

VII. APPLICABLE STATUTES AND RULES

A. With the exception of the permit requirements identified in paragraph VI.A above,
the VCP rules and the rules promulgated pursuant to the statutes identified in Exhibit “B” are
specifically designated as being directly applicable for the Site and must be followed. Other
statutes and rules may subsequently be designated as applicable by the DEQ to the extent that
conditions discovered at the Site would be governed by such other rules.

VIII. SUBMITTALS AND SCHEDULES

A. The Applicant shall submit a quarterly status report, which details activities
completed for the previous quarter and those planned for the upcoming quarter. The Applicant’s
representative and the DEQ’s representative shall communicate and provide each other with
frequent status updates via telephone, written correspondence, e-mail and/or other accepted means
such that the parties are aware of the current project status and dates for pertinent
activities/milestones, including specific deliverables, field activities and review/project schedules.

B. The schedule for submittals and reviews shall be as follows (NOTE: The time
frames and process specified below may be modified or adjusted to meet the objectives of the
project with the DEQ’s approval).

Within 45 days of receipt of the DEQ’s Environmental Assessment review comments, the
Applicant shall address the comments and submit to the DEQ a final Environmental Assessment
along with a proposed Site Characterization Workplan and schedule for the characterization of the
Site and the subsequent delineation of the nature and extent of contamination.

Within 45 days after receipt of the proposed Site Characterization Workplan, the DEQ will approve
the proposed Site Characterization Workplan in writing or provide the Applicant with comments
requesting any further information that may be required to complete the Site Characterization
Workplan. The parties will work to finalize the Site Characterization Workplan. The approved
Site Characterization Workplan should be implemented as soon as possible after the DEQ
acceptance of the Site Characterization Workplan.

In accordance with the project schedule, the Applicant shall submit a Site Characterization Report
detailing the results of investigation activities conducted in conjunction with the approved
workplan. The Site Characterization Report shall document the investigation activities and
include, at a minimum, recommendations for further characterization, remedial action(s) with
monitoring or no further action based upon the results of the characterization.

The DEQ shall review the Site Characterization Report, agree or disagree with the Applicant’s
recommendation(s) and provide the Applicant with comments regarding the Site Characterization
VCP Agreement 5
Report. The parties shall work to finalize the Site Characterization Report should changes be
necessary. The Applicant may need to submit multiple Site Characterization Workplans and Site
Characterization Reports to document the site characterization activities and delineation of the
nature/extent of contamination.

If the site characterization demonstrates that contaminants have been released on and potentially
migrated off-site above Screening Levels or other published standards, the Applicant shall
adequately delineate the extent of contamination for the purposes of evaluating the risk, managing
the on-site and off-site contaminant impact and potentially remediating the impact. The
delineation shall be completed in conjunction with the site characterization activities and
documented in the Site Characterization Report.

Upon successful completion of the characterization, the parties shall determine if further action(s),
including remediation and/or on-going monitoring is necessary for the land use specified in this
Agreement and any off-site contaminant impact/migration. If further action(s) is warranted, the
Applicant shall submit a Remedial Action Plan (RAP) proposing activities to address the
contamination and all known areas contributing to the contamination. The decision to remediate
and monitor the Site will be evaluated in part based on the risk, the extent of contamination, the
contaminants of concern and the Applicant’s future land use. At a minimum, the RAP shall
propose a remedy to address the areas of concern, achieve site-specific cleanup goals, document
the remediation objectives and make provisions for public comment on the remedy. The Applicant
can choose to conduct a site-specific risk assessment or cleanup to generic screening criteria. Risk-
based cleanups are acceptable under the VCP and cleanups are tied to land use and address all
exposure pathways. The RAP should be implemented as soon as possible after a public comment
period and public comments, if any, have been addressed and the DEQ accepts the document.

Upon completion of the remedial action(s), the Applicant shall submit a Final Report/Remedial
Action Report documenting, among other items, that the RAP was implemented as proposed and
that the site-specific cleanup goals have been achieved, the areas of concern have been addressed
and the terms of this Agreement have been successfully completed. The DEQ shall work with the
Applicant to finalize the Final Report/Remedial Action Report. The Applicant may need to submit
multiple RAPs and Final Report/Remedial Action Reports to document the completion of the
cleanup.

It is acceptable to conduct the site-specific risk assessment and cleanup in a phased approach under
the VCP. The objectives of the phased approach should meet the criteria specified in this
Agreement. If additional phases are necessary in order to characterize, remediate and document
the remediation of the Site and any contaminants that may have been released on and potentially
migrated off-site, the Applicant shall submit an additional workplan(s) and schedule(s) to
adequately address the contamination for the purposes of completing the voluntary cleanup of the
Site. A report(s) shall be submitted after the implementation of each workplan(s) documenting
the results of the field activities. The review of the workplan(s) and report(s) shall be conducted
as described above and the DEQ will review and approve all proposed workplans and reports in
writing or provide the Applicant with comments requesting further information that may be
necessary to complete the documents.

VCP Agreement 6
If residual soil and/or groundwater contamination remains at the Site and/or the neighboring
property(s) after completion of the Applicant’s site characterization and remedial action, the
Applicant shall submit a Site Management Plan (SMP) detailing how the remaining contamination
will be managed. Among other items, the SMP should include provisions for risk management,
for groundwater monitoring, if necessary, for the continued evaluation of the effectiveness of the
remedy and any institutional controls and for the development of a Contingency Plan in the event
that the proposed remedy is not effective and further corrective actions are necessary to address
the contamination. The SMP should also include provisions for continued Site access to monitor
compliance with the terms of the document and to reimburse the DEQ for oversight costs incurred
during the review of pertinent information related to the implementation of the SMP.

The accepted workplan(s), schedule(s) and report(s) as outlined above shall be incorporated as part
of this Agreement as set forth herein and shall document the work that the Applicant is proposing
in order to characterize, remediate and manage residual contamination at the Site in accordance
with the land use established in this Agreement. The DEQ will collect split and oversight samples
during the terms of this Agreement to evaluate the Applicant’s sampling protocol and to confirm
the data reported during the site characterization, remediation and site management phases of the
project. The Applicant will be required to pay the oversight costs, among other costs detailed in
Section XIII, associated with the sampling, processing, and laboratory analysis. If one or more of
the site characterization activities, requirements and/or deliverables described above have been
completed prior to the Applicant’s application to the VCP and entry into this Agreement or are not
relevant to the project, the parties may proceed to the next general phase of the project with
concurrence from the DEQ.

Upon successful completion of the voluntary cleanup of the Site, the Applicant will be issued a
Certificate of Completion (COC).

C. The Applicant’s proposed future land use is described fully below:

The future land use of the Site is expected to be overnight outdoor camping for youth groups during
summer months and be open space throughout the remainder of the year. The Site will be
characterized and cleaned up to be protective of the future land use and the Certificate of
Completion will reflect the final land use and exposure scenario for the Site. An amendment to
this Agreement is not required to reflect the final land use and exposure scenario.

Commercial/Industrial Land Use:

Commercial/industrial uses will be consistent with the commercial/industrial worker exposure
scenario as described in the Risk Assessment Guidance for Superfund, Volume I, Human Health
Evaluation, Parts A and B. The commercial/industrial worker exposure scenario is described as:
exposure to adults to incidental ingestion, inhalation, and dermal contact to hazardous constituents
for duration of 25 years at a frequency of 250 days/year for 8 hours/day.

Uses that include managed care facilities, hospitals or any type of business that would require a
caretaker to reside on the facility are not approved as future uses in areas screened or cleaned up
to commercial standards. Commercial industries that would expose children to hazardous
VCP Agreement 7
constituents at the site for extended periods of time (such as day care and school facilities) are also
not approved in areas screened or cleaned up to commercial standards. Residential uses are not
approved for areas screened or cleaned up to commercial standards. Uses that are not approved as
stated above would be inappropriate and unacceptable for the Site. Additional investigation and
possible remediation would be required and the Agreement/COC amended before the Site could
be used for uses that are not approved.

For the entire site, groundwater will not be accessed via wells, pits or sump for drinking water,
bathing and/or irrigation purposes. If residual soil or groundwater contamination remains at the
Site or on neighboring properties as a result of a release from the subject property, the Certificate
of Completion shall require the Applicant to implement and maintain the appropriate monitoring,
institutional control and risk management requirements outlined in the SMP. At a minimum, this
includes an Environmental Covenant and a figure showing the location of any remaining
contamination on the Site. A contingency plan will be incorporated into the SMP to ensure that
the integrity of the remedy will be maintained upon the completion of remedial activities. The
contingency plan will also address any future anticipated impact(s) to the Site and potential failures
of the remedy.

IX. DESIGNATED PROJECT MANAGER

A. On or before the effective date of this Agreement, the DEQ and the Applicant shall
each designate a project manager. Each project manager shall be responsible for overseeing the
implementation of this Agreement. The DEQ project manager will be the DEQ designated
representative for the Site. To the maximum extent possible, communications between the
Applicant and the DEQ and all documents (including reports, approvals, and other
correspondence) concerning the activities performed pursuant to the terms and conditions of this
Agreement shall be directed through the project managers. During implementation of this
Agreement, the project managers shall, whenever possible, operate by consensus and shall attempt
in good faith to resolve disputes informally through discussion of the issues. Each party has the
right to change its respective project manager by notifying the other party in writing within five
(5) days of the change.

X. ACCESS

A. To the extent that the Site or other areas where work is to be performed hereunder
is presently owned or controlled by parties other than those bound by this Agreement, the
Applicant shall obtain, or shall use its best efforts to obtain, access agreements from the present
owners. Best efforts shall include at a minimum, a certified letter from Applicant to the present
owner of such property requesting access agreements to permit the Applicant, the DEQ and their
authorized representative’s access to such property. Any such access agreements shall be
incorporated by reference into this Agreement. Such agreements shall provide access for the DEQ
and authorized representatives of the DEQ, as specified below. In the event that such access
agreements are not obtained, the Applicant shall notify the DEQ, which may then, at its discretion,
assist the Applicant in gaining access.

VCP Agreement 8
B. The Applicant grants authorized representatives of the DEQ irrevocable access to
the Site and other areas where work is to be performed during the period this Agreement is in
effect. The DEQ shall provide the Applicant a list of its authorized representatives. The Applicant
shall also permit the DEQ’s authorized representatives to inspect and copy all records, files,
photographs, documents, and other writings, including all sampling and monitoring data, which
pertain to the subject matter of this Agreement and over which the Applicant exercises control.
All persons with access to the Site pursuant to this Agreement shall comply with submitted health
and safety plans. The DEQ does not approve health and safety plans.

XI. DISPUTE RESOLUTION

A. This section (Dispute Resolution) shall apply to any dispute arising under any
section of this Agreement, unless specifically excepted. It should be noted that the Executive
Director or the Applicant may terminate this Agreement as provided for in Section 19-8-109 Utah
Code.

B. The parties shall use their best effort to, in good faith, resolve all disputes or
differences of opinion informally. If, however, disputes arise concerning this Agreement which
the parties are unable to resolve informally, the complaining party may present written notice of
such dispute to the other party and set forth specific points of dispute and the position of the
complaining party. This written notice shall be submitted no later than five (5) calendar days after
the complaining party discovers the project managers are unable to resolve the dispute. The
complaining party’s project manager shall notify the other party’s project manager immediately
by phone or other appropriate methods of communication prior to written notice, when he/she
believes the parties are unable to resolve a dispute.

C. Within ten (10) days of receipt of such a written notice, the party who received the
written notice shall provide a written response to the complaining party setting forth its position
and the basis therefore. During the five (5) calendar days following t he receipt of the response,
the parties shall attempt to negotiate in good faith a resolution of their differences. If during this
negotiation period, the party who received the notice of dispute concurs with the position of the
complaining party, the party who received the notice of dispute shall notify the complaining party
in writing and this Agreement shall be modified to include any necessary extensions of time or
variances of work.

D. Following the expiration of the previously described time periods, if no resolution
of the disputed issue(s) has been reached, the party who received the written notice of dispute or a
designee, shall make a written determination regarding the dispute, based upon and consistent with
the terms of this Agreement, and shall provide such written determination to the other party.

E. At this juncture, if dispute resolution fails, and either or both parties exercise their
right to withdraw from this Agreement by giving 15 days advance written notice to the other, only
those costs incurred or obligated by the DEQ before notice of termination of the Agreement are
recoverable under this Agreement.

XII. COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
VCP Agreement 9

A. During the term of this Agreement, the DEQ will not bring an action against
Applicant for any violations of statutes or regulations for the specific violations or releases that
are being remediated by this Agreement or for costs or injunctive relief relating to the
contamination addressed by this Agreement, unless the Applicant withdraws from this Agreement
prior to completion of the cleanup. The applicable statute of limitations shall be tolled pending
completion of the cleanup or termination of this Agreement. A responsible party who has
successfully completed this Agreement shall be given a Certificate of Completion as provided in
Section 19-8-111 of the Utah Code. Non-responsible party Applicants have a release from liability
upon issuance of the Certificate of Completion subject to statutory conditions in Utah Code Section
19-8-113.

B. The DEQ and the Applicant reserve all rights and defenses they may have pursuant
to any available legal authority unless expressly waived herein.

C. Nothing herein is intended to release, discharge, or in any way affect any claims,
causes of action or demands in law or equity which the parties may have against any person, firm,
partnership or corporation, not a party to this Agreement for any liability it may have arising out
of, or relating in any way to the generation, storage, treatment, handling, transportation, release or
disposal of any materials, hazardous substances, hazardous waste, contaminants or pollutants at,
to or from the Site. The parties to this Agreement expressly reserve all rights, claims, demands,
and causes of action they have against any and all other persons and entities who are not parties to
this Agreement, and as to each other for matters not covered hereby.

D. The Applicant reserves the right to seek contribution, indemnity, or any other
available remedy against any person other than the DEQ found to be responsible or liable for
contribution, indemnity or otherwise for any amounts which have been or will be expended by the
Applicant in connection with the Site.

XIII. ADMINISTRATIVE COSTS

A. The Applicant agrees to reimburse the DEQ for all of its costs associated with
implementation of this Agreement in accordance with Utah Code Section 19-8-108.

B. The DEQ will track all costs to the DEQ for review and oversight activities related
to the Site and provide monthly invoices to the Applicant, per this Agreement for said costs. If the
DEQ costs are less than the application fee set forth in the fee schedule the remaining balance in
the Site account will not be refunded. The Applicant shall pay these invoiced costs to the DEQ
within 30 days after the date the Applicant receives notice that these costs are due and owing. If
payment is not made within thirty days, the DEQ may request that the attorney general bring action
to recover all costs allowed by law.

C. Checks shall be made payable to the Utah Department of Environmental Quality
and be mailed along with a transmittal letter stating the Site name and VCP number identified in
section I.A. Introduction of this Agreement, and addressed to the Utah Department of
VCP Agreement 10
Environmental Quality; Attention: Voluntary Cleanup Program, 195 North 1950 West, Salt Lake
City, Utah, 84116.

D. In the event that this Agreement is terminated for any reason, Applicant agrees to
reimburse the DEQ for all costs incurred or obligated by the DEQ before notice of termination of
this Agreement.

XIV. NOTICE OF BANKRUPTCY

A. Upon filing a voluntary bankruptcy petition, the Applicant shall notify the DEQ of
the filing of the petition. In the case of an involuntary bankruptcy petition, the Applicant shall
give notice to the DEQ as soon as it acquires knowledge of such petition.

XV. INDEMNIFICATION

A. The Applicant agrees to indemnify and save and hold the State of Utah, its agencies,
successors, departments, agents, and employees, harmless from any and all claims, damages, or
causes of action arising from, or on account of, the negligent acts or omissions of the Applicant,
its officers, directors, principals, employees, receivers, trustees, agents, successors, subsidiaries,
and assigns in carrying out the activities pursuant to this Agreement.

XVI. EFFECTIVE DATE AND SUBSEQUENT MODIFICATION

A. The effective date of this Agreement shall be the date on which this Agreement is
signed by the Executive Director of the DEQ or her authorized representative.

B. This Agreement may be amended by mutual agreement of the DEQ and the
Applicant. Amendments shall be in writing and shall be effective when signed by the Executive
Director of the DEQ or her authorized representative.

XVII. TERMINATION AND SATISFACTION

A. The provisions of this Agreement shall be satisfied when the DEQ gives the
Applicant written notice in the form of a Final Certificate of Completion that the Applicant has
demonstrated to the DEQ’s satisfaction that all terms of this Agreement have been completed,
including the selection and implementation of a remedial action, when appropriate.

B. Nothing in this Agreement shall restrict the State of Utah from seeking other
appropriate relief to protect human health or the environment from pollution or contamination at
or from this Site not remediated in accordance with this Agreement.

C. Either party may terminate this Agreement by giving 15 days advance written
notice to the other party. The Applicant shall remain responsible for all costs reasonably incurred
or obligated by DEQ prior to DEQ’s receipt or issuance of the Notice of Termination.

VCP Agreement 11
XVIII. SIGNATURES

APPLICANT:

Crossroads of the West Council of the Boy Scouts of America

By: _____________________________ Name: _____________________________
(signature of authorized representative) (print or type)

Date: ____________________________ Title: ______________________________

VCP Agreement 12
APPLICANT:

School and Institutional Trust Lands Administration

By: _____________________________ Name: _____________________________
(signature of authorized representative) (print or type)

Date: ____________________________ Title: ______________________________

VCP Agreement 13
DEPARTMENT OF ENVIRONMENTAL QUALITY

By: _____________________________ Name: Brent H. Everett
(signature of authorized representative)

Date: ___________________________ Title: Director - Division of Environmental
Response and Remediation…

List of Attachments:

Exhibit A: Site Legal Property Description.
Exhibit B: List of Applicable Statutes and Rules.

VCP Agreement 14

EXHIBIT A.

MOAB BASE CAMP VCP SITE
LEGAL PROPERTY DESCRIPTION

VCP Agreement 15
Legal Description

Site Location: Along Gemini Bridges Road approximately 5.6 miles from State Road 313,
Moab, Grand County, Utah 84532

Legal Description:

Township 25 South, Range 25 East, SLB&M
Section 32:

Beginning at a point South 3390 feet and East 1562 from the Northwest corner of Section 32,
Township 25 South, Range 20 East, SLB&M., thence North 35°36'00" East 1523 feet; thence
North 53°42'00" East 465 feet; thence South 70°42'00" East 755 feet; thence South 25°06'00" West
1353 feet; thence South 64°30'00" West 581 feet; thence North 76°24'00" West 900 feet to the
point of beginning.

Property size is 41.6 acres in total.

VCP Agreement 16

EXHIBIT B.

MOAB BASE CAMP VCP SITE
LIST OF APPLICABLE STATUTES AND RULES

VCP Agreement 17

List of Applicable Statutes and Rules

Utah Code 19-6-401 et seq. (Underground Storage Tank Act and rules promulgated thereunder
(Utah Admin Code, R311)) and the Corrective Action Cleanup Standards Policy Per UST and
CERCLA Acts, Utah Admin. Code, R311-211.
Utah Code 19-6-101 et seq. (Solid and Hazardous Waste Act and rules promulgated thereunder
(Utah Admin Code, R315)).
Utah Code 19-5-101 et seq. (Water Quality Act and rules promulgated thereunder (Utah Admin
Code, R317)).
Utah Code 19-2-101 et seq. (Air Conservation Act and rules promulgated thereunder (Utah Admin
Code, R307)).
Utah Code 57-25-101 et seq. (Uniform Environmental Covenants Act).
40 CFR Part 763 subpart E, Asbestos Containing Material.
40 CFR Part 61 subpart FF, Benzene Waste Operations.