Environmental Restrictive Covenant - Drewry’s Brewery at 1408 Elwood

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OmniPlex, South Bend —Political Subdivision Comfort Letter BFD #4000022 June 29. 2023 Page 11 of 12 condition of the issuance and effectiveness of this letter under the Comfort and Site Status Letter Policy, the Owner must abide by the land use restrictions in the enclosed ERC, �fvliich are summarized beifitiv: • Shall not allow excavation of soil without a Program approved work plan. o If single family residential and/or duplexes are constructed on -Site, soil must be sampled down to 10 feet bgs. o Soil shall be restored in a manner that does not present a threat to human health or the environment. o Any soil that is removed must be managed and disposed of in accordance with all applicable laws and regulations. • If benzo(a)pyrene contaminated soil in not removed, shall install a protective cover of two feet of clean (constituents not exceeding R2 RSPLs) soil or other engineer barrier (i.e., concrete, asphalt, etc.) in and around boring B-5, to eliminate direct contact exposure to contaminated soil. • Shall not extract groundwater on -Site for any use. Conclusion IDEM encourages the redevelopment or use of the Site. Should additional information gathered in conjunction with future Site investigations and/or remediation demonstrate that a particular restriction is no longer necessary to protect human health and the environment or that Site conditions are appropriate for unrestricted use, IDEM will, upon request, consider modification or termination of the ERC recorded on the deed for the Site pursuant to its terms and conditions. Conversely, it is also possible that new land use restrictions may be necessary in the future due to new information or changed circumstances at the Site. Pursuant to the Comfort and Site Status Letter Policy, the determinations in this letter are based on the nature and extent of contamination known to IDEM as of the date of this letter, as a result of review of information submitted to or otherwise reviewed by IDEM. If additional information regarding the nature and extent of contamination at the Site later becomes available, additional measures may be necessary to satisfy the due care requirements of political subdivision status. In particular, if new areas of contamination or new contaminants are identified, the Owner must communicate this information to IDEM upon becoming aware of it and should ensure that reasonable steps are undertaken with respect to such contamination in order to qualify as and maintain political subdivision status. This letter shall not be construed as limiting the Owners ability to rely upon any other defenses and/or exemptions available to it under any common or environmental law, nor shall it limit any ongoing obligations of the Owner that are required to maintain the benefit of the issuance of this letter. Furthermore, the terms and conditions of this letter shall be limited in application to this letter recipient and this Site and shall not be binding on IDEM at any other Site.