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 3 of 12 dated December 1, 2021 (Document #83410730) • Phase 1 Environmental Site Assessment Report Update (June 2022 Phase I Update) dated June 30, 2022 (Document #834 i 0731) • Phase 11 Environmental Site Assessment, (Phase II ESA) dated October 7, 2022 (Document #83406621) For purposes of this letter, sample analytical results were compared to IDEM's Risk -based Closure Guide (R2) (July 8, 2022 and applicable revisions) published levels as follows: soil samples collected at depths between 0 and 10 feet below ground surface (bgs) were compared to R2 residential and commercial soil published levels (RSPLs and CSPLs, respectively); soil samples collected between 0 and 15 feet bgs were compared to the excavation worker soil published levels (XSPLs); and, soil samples collected at depths greater than 15 feet bgs were not evaluated for purposes of closure because of the unlikely risk of exposure to soil at that depth. Groundwater samples were compared to groundwater published levels (GWPLs). Phase 1 ESA —December 2021 The December 2021 Phase I ESA identified the following recognized environmental conditions (RECs) associated with the Site: • Historical utilization of ASTs, including at least one 400,000-gallon AST utilized as part of a fuel oil storage and delivery system along with numerous smaller ASTs for petroleum products and other chemical storage. • Historical utilization of USTs, including at least three 20,000-gallon USTs utilized for fuel oil storage and at least an additional four to seven USTs for storage of unknown petroleum products and one smaller UST known to be operated on -Site based on a review of historical Sanborn Fire Insurance Maps. • Historical operation of at least two "transformer yards" which housed pad. mounted transformers utilized for electric generation at the facility. • Historical operation of numerous truck and/or automobile repair garages which likely handled, utilized and stored a variety of hazardous wastes and petroleum products, including motor oils, used oil, and chemical solvents at the Site. • Historical hazardous waste handling, storage, and utilization at the Site with known Resource Conservation and Recovery Act (RCRA) generator documentation and limited information related to handling activities. • Documentation of the Site having locations that were subject to "filling", with the nature of the filling operations unknown. Records indicate that the potential exists for improper filling, particularly the location of a former pond in the southwestern corner of the Site. • Documentation in historical environmental assessment reports revealing the presence of readily apparent environmental concerns, including areas of spills, leaks, stressed vegetation and stained surfaces throughout the Site which are likely attributable to historical Site operations.