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 2 of 12 functions. By 2014, most of the former facility buildings had fallen into a state of disrepair and by 2020, the majority of historical buildings were razed, collapsed, and/or partially demolished. The Civil City of South Bend obtained ownership of the Site by tax deed on May 26, 2022 and "Order Entering Judgment Quieting Title" on December 1, 2022. Near -term plans for the Site include demolition of unsafe structures; no long-term redevelopment plans for the Site have yet been proposed. The Site is bounded: to the north, by Elwood Avenue, followed by residential property; to the east, by commercial property and parking lots; to the south, by a recreational area followed by Vassar Avenue; and, to the west, by vacant land followed by Wilber Street and residential properties beyond. Historical Environmental Conditions In November 2000,E an investigation was conducted on -Site to determine if the subsurface had been affected by historical operations. Twelve borings for soil and groundwater samples were placed in areas most likely to be affected by past operations. Petroleum contamination was detected in soil and groundwater in various areas of the Site. Viscous petroleum was detected in the area of the fuel oil storage and delivery system which consisted of a 400,000-gallon aboveground storage tank (AST) that fed fuel oil to three 20,000-gallon USTs connected via piping that fed numerous boilers associated with the main brewery building and other on -Site buildings. Polychlorinated biphenyls (PCB) contamination was detected in oil -stained debris under the transformers in transformer yard 2 located on the southwestern portion of the Site. A pond, thought to be historically used for ice production, was located on the western portion of the Site. According to documentation, the pond covered the entire area west of the westernmost rail spur. Over time, the pond was filled in to bring it to grade. Sampling has indicated that the pond was between 10 to 12 foot deep prior to being filed. The material used to fill the pond is unknown, but given the industrial nature of the Site, fill materials may have included any of the following items: sand, gravel, clay and/or clayey peat. A three-inch layer of broken glass was encountered at a depth of less than 5 feet below ground surface (bgs) in one boring advanced within the southwestern portion of the former on -Site pond. Environmental Conditions As part of the request for assistance in determining any existing environmental contamination and potential liability at the Site, Program staff reviewed the following documents prepared by Heartland. These documents may be viewed electronically by searching online by the noted document number in IDEM's VFC accessible through IDEM's website. • Phase 1 Environmental Site Assessment (December 2021 Phase I ESA) Phase 11 Site Investigation, dated December 15, 2000, prepared by Bruce Carter Associates, LLC (Document #14466223)