6B(1) - Laserfiche WebLink

Home Browse Search

Mr. Chris Dressel March 4,2014 Page 5 of 18 penetrating radar survey for the Site to identify the potential presence of features such as previously abandoned and/or removed USTs, cisterns, and tunnels, as well as the presence of possible fill materials from prior demolition activities. The results of the survey revealed no indications of subsurface anomalies consistent with the presence of buried USTs but did reveal indications consistent with UST(s) being removed and then the excavation being backfilled. In addition, south of Building 113, numerous foundations and buried debris were identified from previous buildings that once stood across the Site. Within one foundation there are indications of significant debris,possibly from the historical demolition activities. To promote redevelopment of the property and to satisfy potential lending institutions, Weaver Boos understands that the current owner, Studebaker Building 84, LLC, seeks a liability exemption letter or other closure confirmation from IDEM for the documented environmental concerns as described in the WPI Phase I and II ESA reports and recent findings regarding the PCB-impacted concrete and possibly soil within one former transformer room. Potential liability exemption letters from the IBP (referred to herein as "IBP Letters") include a Bona Fide Prospective Purchaser (BFPP) Comfort Letter, a Lender Liability Comfort Letter, a Contaminated Aquifer letter, a Site Status Letter and a No Further Action(NFA) Letter from the IBP. In the alternative, a party can seek an NFA issued from the Indiana State Cleanup Program (SCP), or a Certificate of Completion and Covenant Not to Sue Letter (CNS) from the Indiana Voluntary Remediation Program. Based on our understanding of the intentions of the property owner regarding redevelopment, possible lending institution requirements, project timetable, present documented environmental conditions associated with the property, and consultation with environmental counsel, the specific path forward for addressing the environmental conditions will be determined after receiving the results of the initial sampling proposed herein, as well as potentially further discussions with IDEM. For purposes of this proposal, Weaver Boos assumes that the owner will be pursuing an IBP Letter but if the site is placed into the SCP or VRP, this proposal will need to be amended to reflect the additional work involved. . Note that if the owner proceeds with the IBP,if at any time during the process an imminent threat to human health or the environment is identified or off-site properties are impacted, as a result of a source on-site, then the site maybe transferred from the IBP to the Indiana SCP. A remediation workplan (RWP) and remedial completion report will be required to be submitted and a NFA