DSHW-2025-000959

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---------- Forwarded message ---------
From: Brett Cox <[e-mail]>
Date: Fri, Feb 14, 2025 at 10:48 AM
Subject: RE: FW: Hi Valley Chemical - Centerville, UtahTo: Jasin Olsen <[e-mail]>
Cc: Cheri Dillon <[e-mail]>, Jill Nay <[e-mail]>, Paige Walton <[e-mail]>, Brenden Catt <[e-mail]>
Jasin,
Looks Good…
Just needs some formatting edits.
Thanks,
Brett
From: Jasin Olsen <[e-mail]>
Sent: Wednesday, February 5, 2025 2:49 PM
To: Bre Cox <[e-mail]>
Cc: Cheri Dillon <[e-mail]>; Jill Nay <[e-mail]>; Paige Walton <[e-mail]>; Brenden Ca <[e-mail]>
Subject: Re: FW: Hi Valley Chemical - Centerville, Utah
Brett,
We made one small edit. If you are ok with this, will you accept it and send it back. Then we can work on getting it signed.
Thanks,Jasin
On Wed, Feb 5, 2025 at 10:14 AM Brett Cox <[e-mail]> wrote:
Jasin,
Please see attached.
Document includes proposed edits with additions referencing title to the property by Special Warranty Deed and identifying Jill Nay as the
Managing Member of HVC Properties, LLC.
Regards,
Brett
From: Jasin Olsen <[e-mail]>
Sent: Wednesday, February 5, 2025 9:40 AM
To: Bre Cox <[e-mail]>
Cc: Cheri Dillon <[e-mail]>; Jill Nay <[e-mail]>; Paige Walton <[e-mail]>; Brenden Ca
<[e-mail]>
Subject: Re: FW: Hi Valley Chemical - Centerville, Utah
Hi Brett,
If you can send in the EC with any changes that you have we can look that over and get the deed situation figured out. Also can you please include Jill
Nay's title in it.
Thanks,
Jasin
https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgzQZTMMxvmgnXtHzkMZSFttwrKTn 1/3
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On Mon, Feb 3, 2025 at 2:02 PM Brett Cox <[e-mail]> wrote:
Jasin,
We have reviewed the comments and proposed editorial revisions of the Environmental Covenant (EC); and have no substantive
changes or edits.
We will finalize the document and return to you. However, there was a comment included in the revised EC referencing a copy of the
Warranty Deed, which we assume would need to accompany the EC upon completion and return.
Please verify our understanding of the comment related to Warranty Deed for the site so we can finalize the EC.

Regards,
Brett

Brett E Cox
President / Senior Scientist
EarthTouch, Inc.
3135 North Fairfield Road
Layton, Utah 84041
T: 801.771.2800 ext 101
F: 801.771.2838
M. 801.381.5217

From: Jasin Olsen <[e-mail]>
Sent: Wednesday, January 29, 2025 8:12 AM
To: Bre Cox <[e-mail]>
Cc: Cheri Dillon <[e-mail]>; Jill Nay <[e-mail]>; Paige Walton <[e-mail]>
Subject: Re: FW: Hi Valley Chemical - Centerville, Utah

Brett,

Please find attached comments and suggested edits to the Hi Valley EC. If these are ok with you, please accept them and send us back the finalized
EC and we can get it signed. If you have any questions or concerns please let me know.
Thanks,
Jasin

On Thu, Jan 23, 2025 at 11:25 AM Brett Cox <[e-mail]> wrote:
Jasin,

Just a quick note to check-in with you about review of the proposed Environmental Covenant for the Hi Valley Chemical location in Centerville, Utah.

Please advise with respect to questions or comments.

Best Regards,

Brett
From: Bre CoxSent: Monday, December 9, 2024 9:38 AMTo: Jasin Olsen <[e-mail]>Subject: Hi Valley Chemical - Centerville, Utah

Jasin,

In response to the request of the Utah DEQ / DWMRC, please see the attached draft of an Environmental Covenant for the Hi Valley Chemical
location in Centerville, Utah.

Feel free to reach out to us if you have any questions or comments.

We await your response.

Best Regards,

Brett

Brett E Cox
2/18/25, 2:05 PM Fwd: FW: Hi Valley Chemical - Centerville, Utah - [e-mail] - State of Utah Mail
https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgzQZTMMxvmgnXtHzkMZSFttwrKTn 2/3
President / Senior Scientist
EarthTouch, Inc.
3135 North Fairfield Road
Layton, Utah 84041
T: 801.771.2800 ext 101
F: 801.771.2838
M. 801.381.5217
This e-mail and any information and/or attached files transmitted with it are the property of EarthTouch, Inc. and may contain privileged or confidential
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Although this e-mail and any attachments are not known to the company to contain viruses, worms, or other electronic bugs; EarthTouch, Inc.
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damage that may be caused by the transmission of this e-mail.
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prohibited and may be unlawful. If you received this e-mail in error, you may not copy or disclose the contents of this e-mail to anyone. Although this e-mail
and any attachments are not known to the company to contain viruses, worms, or other electronic bugs; EarthTouch, Inc. accepts no liability for any
damage that may be caused by the transmission of this e-mail.
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and any attachments are not known to the company to contain viruses, worms, or other electronic bugs; EarthTouch, Inc. accepts no liability for any damage
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This e-mail and any information and/or attached files transmitted with it are the property of EarthTouch, Inc. and may contain privileged or confidential
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2/18/25, 2:05 PM Fwd: FW: Hi Valley Chemical - Centerville, Utah - [e-mail] - State of Utah Mail
https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgzQZTMMxvmgnXtHzkMZSFttwrKTn 3/3
Environmental Covenant
Page 1
To be recorded with the Davis County
Recorder – Utah Code § 57-25-108
When Recorded Return To:
HVC Properties, LLC
1134 West 850 North
Centerville, Utah 84014
With Copy To:
Douglas J. Hansen, Director
Utah Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, Utah 84114-4880
ENVIRONMENTAL COVENANT
1.This Environmental Covenant is entered into by and between HVC Properties,
LLC, as Owner, Grantor, and Holder and the Director of the Utah Division of Waste
Management and Radiation Control (“Director”) on behalf of the Utah Department of
Environmental Quality (“UDEQ”), pursuant to the Utah Uniform Environmental
Covenants Act, Utah Code § 57-25-101 et seq. (the “Act”), for the purpose of subjecting
the real property described in Paragraph 3 and Exhibit A attached hereto (the
“Property”) to the activity and use limitations set forth herein. This Environmental
Covenant shall be perpetual unless amended or terminated in accordance with the Act
and Paragraph 21.
2.Notice of Contamination. Notice is hereby given that the Property is or may be
contaminated with hazardous waste, hazardous constituents, or solid waste, and
therefore the Property is subject to this Environmental Covenant to mitigate the risk to
human health and the environment.
3.Property. The real property subject to this Environmental Covenant is an
approximately 1.073-acre tract of real property located at 1134 West 850 North,
Centerville, Utah, Parcel No. 06-006-0119, and more particularly described in Exhibit A
attached hereto and hereby incorporated by reference herein. HVC Properties, LLC
owns the Property.
4.Environmental Response Project.
The Environmental Response Project is referred to as Hi Valley Chemical, Inc.
On February 17, 2015, an inspection of the Property by the UDEQ, Division of
Waste Management & Radiation Control, identified 55-gallon drums, ±300-gallon
totes, aboveground storage tanks (“ASTs”), and other multi-gallon containers of
acids, bases, toluene, methyl isobutyl ketone, methyl ethyl ketone, metals, and
materials or substances, such as soaps and degreasers for car polishes, car
washes, and carpet and floor cleaning products. Areas of concern identified
Environmental Covenant
Page 2
included a mixing room in the northwestern part of the building on the Property,
material storage yard and adjacent areas on the northwestern part of the
Property, a sump on the north-central part of the Property within an asphalt-
covered area of the material storage yard that discharged through an outfall to
Parrish Creek, and the embankment of Parrish Creek immediately downstream
of the outfall from the sump.
An investigation of the Property identified arsenic, chromium, lead, and bis(2-
ethylhexyl) phthalate in groundwater at concentrations above the U.S.
Environmental Protection Agency’s (“EPA”) Regional Screening Levels (“RSLs”).
In addition, the investigation identified the detected concentration of arsenic in a
sludge sample from a sump in a material storage area exceeded the RSLs.
Following the investigation, the sludge in the sump was removed and disposed of
at a permitted facility, the sump was decommissioned and closed, and the outfall
from the sump to Parrish Creek was temporarily plugged.
A risk assessment was performed for the Property using the soil and
groundwater data collected during the site investigation. Data collected from the
site investigation were compared to the industrial/commercial worker RSLs with a
target cancer risk (“TR”) of 1E-06 and target non-cancer hazard index (“HI”) of 1.
The 95% upper confidence limit (“UCL”) on the mean concentration of each
contaminant detected in soil and groundwater samples was calculated using the
ProUCL software program. The UCLs were used to derive the cumulative cancer
risk and non-cancer hazard index for each media.
The cancer risk for industrial/commercial workers for the contaminant
concentrations in soil at the Property was determined to be 3E-07 and the non-
cancer hazard index was calculated to be 0.1. The EPA indoor worker vapor
intrusion screening level calculator was also utilized to calculate the risk
associated with vapor intrusion at the Property for the industrial/commercial
worker. The calculated cancer risk from vapor intrusion at the Property was 9E-
08 and the hazard index was 0.002. The cumulative risk for
industrial/commercial workers was calculated to be 4E-07 and the total HI was
0.2, which are below the TR of 1E-06 and the HI of 1.
Based on the zoning of the Property, the risk assessment did not evaluate the
residential use scenario. In addition, the risk assessment determined that the
reported concentrations of hexavalent chromium (Cr6+) in soil exceeded the
Protection of Groundwater Soil Screening Level when applying a default 20:1
Dilution Attenuation Factor.
5.Administrative Record. The administrative records for Hi Valley Chemical, Inc.
are maintained and managed by the UDEQ.
Environmental Covenant
Page 3
6.Grantor. HVC Properties, LLC is the Grantor of this Environmental Covenant.
The Grantor of this Environmental Covenant is also an Owner, as defined in Paragraph
7.
7.Owner. An Owner is any person or entity who holds any interest in the Property,
including, without limitation, the owner of the fee simple estate, any assign, successor in
interest, mortgagee, lender, easement holder, lessee, 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. A person or entity who
is a Holder under this Environmental Covenant but who holds no other interest in the
Property is not an Owner.
8.Transferee. A Transferee is a person or entity to whom an Owner transfers the
Owner’s obligations under this Environmental Covenant. A Transferee is any assign,
successor in interest, including without limitation a future owner of an interest in fee
simple, mortgagee, lender, easement holder, lessee, 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. When a transfer
occurs, the Transferee becomes an Owner.
9.Transfer of Obligations. Except as provided in this Environmental Covenant,
when the Owner of the fee simple estate transfers that estate to a Transferee, the
Owner’s obligations under this Environmental Covenant transfer to the Transferee, who
then becomes an Owner. When the Owner of the fee simple estate transfers a lesser
interest, or when an Owner who holds a lesser interest transfers that lesser interest or
any portion thereof, the Owner’s obligations under this Environmental Covenant
continue, and the Transferee acquires the same obligations to the extent of the interest
it acquires. Notwithstanding the foregoing, nothing herein shall relieve an Owner of an
interest in the Property of its responsibilities to comply with the terms hereof and all
other provisions of applicable law or of responsibility for its failure to comply during the
time it held an interest in the Property.
10.Holder. HVC Properties, LLC is the Holder of this Environmental Covenant, as
defined by the Act.
11.Rights and Obligations of Holder. The Holder may enforce this Environmental
Covenant. The Holder’s obligations hereunder are limited to the specific provisions and
the limited purposes described in this Environmental Covenant. Subject to the
provisions hereof, the Holder’s rights and obligations survive the transfer of the
Property.
12.Agency. Pursuant to Utah Code § 57-25-102, the UDEQ is the Agency under
this Environmental Covenant. The UDEQ may enforce this Environmental Covenant.
Environmental Covenant
Page 4
The UDEQ assumes no affirmative duties through the execution of this Environmental
Covenant. The Director is the UDEQ representative for this Environmental Covenant.
13.Activity and Use Limitations. As part of the Environmental Response Project
described above, Owner hereby imposes and shall comply with the following activity
and use limitations:
Land Use Limitations. The Property shall be used for commercial or industrial uses
only. Residential uses of the Property are prohibited.
Groundwater Limitations. In order to be protective of exposure to impacted
groundwater at the Property, extracting or using groundwater, except for investigation,
remediation, or contaminant mitigation thereof, is prohibited.
Maintenance of Protective Barriers. With the exception of a roughly 20-foot-wide
landscape strip along the western edge of the Property, the Property is capped by
concrete and asphalt. To minimize stormwater and surface water infiltration to the
subsurface, the Owner shall maintain all concrete, asphalt, and other hard-scape
surfaces at the Property.
Construction and Disturbance Limitations. If activities are undertaken that access or
disturb soil or groundwater under the Property, onsite workers, construction workers, or
both may be exposed to contaminated soil or groundwater. Owner shall ensure that
steps are taken to prevent worker exposure to contamination. Management and
disposal of impacted media, including excavated soils, must be consistent with federal
and state environmental laws. Owner shall use any soil excavated from the Property’s
subsurface to fill the excavated area or areas on the Property, and excavated soils shall
not be transported or disposed of offsite. If excavated soils must be transported or
disposed of offsite, Owner shall characterize such soil using laboratory analytical
methods prior to such transportation or disposal. Owner shall properly transport and
dispose of the excavated soils at an appropriate facility based on the analytical results.
14.Notice of Breach. If any event or action by or on behalf of a person or entity who
holds an interest in or holds an encumbrance on the Property constitutes a breach of
the activity and use limitations, the Owner shall notify the Director within thirty (30) days
of becoming aware of the event or action, and shall remedy the breach of the activity
and use limitations within sixty (60) days of becoming aware of the event or action, or
such other time frame as may be agreed to by the Owner and Director.
15.Running with the Land. This Environmental Covenant shall be binding upon the
Owner and all assigns and successors in interest, including any Transferee, and shall
run with the land, pursuant to Utah Code § 57-25-105, subject to amendment or
termination as set forth in the Act and herein.
16.Compliance Enforcement. Compliance with this Environmental Covenant may
be enforced pursuant to Utah Code § 57-25-111. Failure to timely enforce compliance
with this Environmental Covenant or the activity and use limitations contained herein by
Environmental Covenant
Page 5
any party shall not bar subsequent enforcement by such party and shall not be deemed
a waiver of the party’s right to take action to enforce correction of any non-compliance.
Nothing in this Environmental Covenant shall restrict the Director from exercising any
authority under applicable law.
17.Rights of Access. Owner hereby grants to the UDEQ; the Director; the Director’s
authorized officers, employees, and representatives; Holder; City of Centerville; and
Davis County Health Department the right of access to the Property for necessary
response actions, inspections, and implementation or enforcement of this
Environmental Covenant. Nothing in this Environmental Covenant shall be interpreted
as limiting any access and inspection authorities of the Director or the Director’s
authorized officers, employees, and representatives under applicable law.
18.Compliance Reporting. Upon request by the Director, Owner or any Transferee
shall submit to the Director and Davis County Health Department written documentation
verifying that the activity and use limitations remain in place and are being complied
with. If such limitations do not remain in place, are not being complied with, or both, the
Owner or any Transferee shall explain the circumstances.
19.Notice upon Conveyance. Owner shall notify the Director and Holder within
twenty (20) days after each transfer of ownership of all or any portion of the Property.
Owner’s notice to the Director 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 number, book, and page number at which
this Environmental Covenant is recorded in the records of the Davis 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.
20.Representations and Warranties. Grantor hereby represents and warrants to the
other signatories hereto:
that the Grantor is the sole owner of the Property;
that the Grantor holds a Special Warranty Deed to the Property, recorded with
the Davis County Recorder as Entry No. 3591507;
that the Grantor 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 the Grantor has identified all other persons who own an interest in or hold an
encumbrance on the Property and notified such persons of the Grantor’s
intention to enter into this Environmental Covenant; and
Environmental Covenant
Page 6
that this Environmental Covenant will not materially violate or contravene or
constitute a material default under any other agreement, document, or
instrument to which Grantor is a party or by which Grantor may be bound
or affected.
21.Amendment or Termination. This Environmental Covenant may be amended or
terminated pursuant to the Act. Except as set forth herein, Owner, Grantor, and Holder
waive any and all rights to consent to or notice of termination or amendment concerning
any parcel of the Property to which Owner, Grantor, or Holder has no fee simple interest
at the time of amendment or termination of this Environmental Covenant. Nothing in
this Environmental Covenant shall be interpreted to mean that the Director waives the
right to consent to or notice of amendment or termination of this Environmental
Covenant.
22.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 Davis
County 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.
23.Recordation and Distribution of Environmental Covenant. Within thirty (30) days
after the date of the final required signature upon this Environmental Covenant, Owner
shall file this Environmental Covenant for recording, in the same manner as a deed to
the Property, with the Davis County Recorder. The Owner shall distribute a file-and
date-stamped copy of the recorded Environmental Covenant to the Director, City of
Centerville, Davis County Health Department, and High Valley Products, Inc.
24.Notice. Unless otherwise notified in writing by or on behalf of the current owner
or the Director, any document or communication required by this Environmental
Covenant shall be submitted to:
If to the Director:
Douglas J. Hansen, Director
Utah Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, Utah 84114-4880
If to HVC Properties, LLC:
Jill Nay, Managing Member
HVC Properties, LLC
1134 West 850 North
Centerville, Utah 84014
Environmental Covenant
Page 7
25.Governmental Immunity. In approving this Environmental 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 (collectively, the “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 this
Environmental Covenant pursuant to Utah Code §§ 57-25-109 and -110 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 the Governmental
Immunity Act of Utah, Utah Code § 63G-7-101 et seq. or (ii) individual liability for actions
not covered by the Governmental Immunity Act of Utah as indicated in Utah Code §§
63G-7-202 and -902, as determined in a court of law.
26.Payment of Agency’s Costs. Consistent with the Act and other applicable law,
the Owner, if invoiced, shall reimburse the UDEQ for the UDEQ’s costs related to this
Environmental Covenant. The invoice may be based on actual costs incurred by
UDEQ, on the fee schedule approved by the Utah Legislature, or both, as applicable.
Environmental Covenant
Page 8
The undersigned representative of Owner, Grantor, and Holder and the undersigned
representative of UDEQ represent and certify that they are authorized to agree to the
conditions and obligations contained herein and to execute this Environmental
Covenant.
IT IS SO AGREED:
HVC Properties, LLC,
a Utah Limited Liability Company,
as Grantor, Owner, and Holder
_______________________________
Jill Nay, Managing Member
HVC Properties, LLC
_______________
Date
State of Utah )
) ss:
County of Davis )
Before me, a notary public, in and for said county and state, personally appeared
___________________________, a duly authorized representative
of_______________________, who acknowledged to me that she/he/they did execute
the foregoing instrument on behalf of ________________________.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official
seal this______day of__________ 20___.
___________________________________________
Notary Public
Environmental Covenant
Page 9
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
On behalf of the Utah Department of Environmental Quality, the Director of the Division
of Waste Management and Radiation Control approves the foregoing Environmental
Covenant pursuant to Utah Code §§ 57-25-102(2) and 57-25-104(1)(e).
__________________________________
Douglas J. Hansen, Director
Division of Waste Management and Radiation
Control
_______________
Date
State of Utah )
) ss:
County of Salt Lake )
Before me, a notary public, in and for said county and state, personally appeared
Douglas J. Hansen, Director of the Utah Division of Waste Management and Radiation
Control, who acknowledged to me that he did execute the foregoing instrument.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my official
seal this_____day of_____________, 2025.
___________________________________________
Notary Public
EXHIBIT A
Legal Description of the Property
Parcel No. 06-006-0119
A part of the Northeast Quarter (1/4) of Section 12, Township 2 North, Range 1 West, of
the Salt Lake Base & Meridian (SLB&M):
Beginning at a Point being located South 00º21’44” West 525.04 feet (Utah North
N.A.D. 83 State Plane Bearing) and North 90º00’00” West 550.23 feet and North
88º57’57” West 283.40 feet from the Northeast Corner of said Section 12; running
thence South 00º31’47” East 262.93 feet to the North right-of-way line of 850 North
Street; thence along said North right-of-way line South 89º33’01” West 178.96 feet;
thence North 00º36’20” East 267.47 feet; thence South 88º57’57” East 173.73 feet to
the Point of Beginning.
Containing 1.073 acres, more or less.