DERR-2025-001627

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
Tim Davis
Interim Executive Director
DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION
Brent H. Everett
Director
ERRA-04-25
March 4, 2025
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kirti Patel, Member
YK Investment, LLC
354 South Five Sister Drive
St. George, Utah 84790
Vishnu Patel, Registered Agent
YK Investment, LLC
1572 South Convention Center Drive
St. George, Utah 84790
Kirti Patel
Sunset Texaco
851 West Sunset Boulevard
St. George, Utah 84770
Re: Request for Access to Property at 851 West Sunset Boulevard, St. George, Utah
(Parcel No. SG-6-2-24-4447)
Sunset Texaco, located at 851 West Sunset Boulevard, St. George, Utah
Facility Identification No. 6000137, Release Site NVE
Dear Messrs. Patel:
On September 16, 2019, a suspected petroleum release from a petroleum storage tank (PST)
system was reported to the Division of Environmental Response and Remediation (DERR) based
on a report of petroleum spills on the ground due to a faulty fueling nozzle. The DERR has
designated the release as Release Site NVE, which is potentially covered by the PST Fund, but to
date the required PST Eligibility Application has not been submitted. On October 10, 2023, the
Division Director issued a Notice of Violation and Order (NOV) to you, outlining the information
and plans required to be submitted to the State of Utah concerning the above-referenced Release
Site. To date, the required information has not been submitted.
Facility ID# 6000137
Page 2
On May 21, 2024, the Division Director sent a Notification of State Use of PST Funds to
Investigate Suspected Release at PST Fund Covered Gas Station to you stating that the Division
Director may expend money from the PST Fund to investigate a release or suspected release if there
is reasonable cause to believe the release is from an underground storage tank (UST) system that is
potentially covered by the PST Fund. On July 9, 2024, the PST Fund project manager sent your
store manager an email indicating that the DERR had determined that a limited subsurface
investigation is necessary to evaluate if the petroleum spill had impacted the soil and groundwater
at the above-referenced site. The email also indicated that if you choose not to conduct the work or
no response was received by July 31, 2024, the DERR would start the process to use a State-Lead
contractor to perform this subsurface investigation at the site. To date, the required information and
response have not been received.
On September 13, 2024, Jim Coletta, Branch Manager of Atlas Technical Consultant, LLC
and the State contractor, sent you an email requesting access to the above-referenced site for
conducting a subsurface investigation. The DERR recommends that you establish an access
agreement with Atlas Technical Consultant, LLC for them to complete the on-site subsurface
investigation.
Enclosed, please find a Utah Department of Environmental Quality Grant of Access to
Property Form. Upon your review of the form, please sign it and return it to us by March 20, 2025.
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/HLT/ss
Enclosure: Grant of Access to Property
cc: Tim Davis, Utah Attorney General’s Office
Jeremy Roberts, Environmental Health Director, Southwest Utah Public Health Department
Paul Wright, District Engineer, Utah Department of Environmental Quality
Jim Coletta, Atlas Technical Consultants LLC
GRANT OF ACCESS TO PROPERTY

, is the owner (Owner) of record, title holder, or authorized agent
for the record owner of certain real property located at 851 West Sunset Blvd. , in
St. Georg,e, Utah (Property).
The Owner hereby grants to the officers, employees, authorized representatives, and
consultants of the Division of Environmental Response and Remediation (DERR) access,
including ingress and egress, to the Property for the following purposes:
1. To conduct subsurface investigation studies to determine and define the extent and
degree of subsurface petroleum contamination originating from an underground
storage tank system. This may include soil borings, drill or hand auger holes for
soil sampling, and installation of groundwater monitoring wells for water sampling.

2. Implementation of commonly practiced, according to current environmental
industry standards, in-situ or ex-situ corrective action activities which will
adequately address the subsurface petroleum contamination which may exist on the
Property.

3. Any other such actions related to the definition, or cleanup of the subsurface
petroleum contamination on the Property.

The tasks described above may be altered if conditions change or if the DERR obtains
additional information requiring further investigation. The DERR will notify the Owner in writing
of any new planned tasks.

It is anticipated that the work described herein will be performed between 8:00 am and
6:00 pm on weekdays. If it becomes necessary to perform the work at other times, the DERR or
its consultant will notify the Owner by telephone at least twenty-four hours before it intends to
enter the Property. By granting access to the DERR, the Owner makes no admission of liability or
responsibility for any petroleum contamination which may be found on the Property.

This grant of access shall remain in effect until, and only terminate upon, the completion
of the investigation, any cleanup activities and any additional tasks resulting from new information
as noted above.

Owner's Signature:

Printed Name:

Title:

Phone Number:

Date:
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CERTIFIED MAIL® RECEIPT
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St. George , UT 84790
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Sunset Texaco
ATTN : Kirti Patel
851 W . Sunset Blvd. ................................... ------------
St. George , UT 84770 ----------------...............................
PS Form 3 8 0 0 , April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
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