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 4 of 12 • Documentation of known chemical impacts to subsurface media, including soil and groundwater, present at the Site and directly attributable to historical Site operations. In addition to the above -noted RECs, the December 2021 Phase I ESA identified the following non -scope issues: • During the time of Site reconnaissance, it was noted that several of the Site buildings appeared to be in fair to poor structural condition, including some that were partially collapsed. Further a large amount of refuse and demolition debris was noted throughout the Site grounds. • Asbestos containing material (ACMs) were observed on -Site in still standing buildings as well as refuse and debris located on-Site.2 • Historical lead -based paint (LBP) inspection activities previously conducted on -Site indicated the presence of LBPs on paint coated surfaces throughout the Site. LBPs are suspected in the remaining on -Site buildings, as well as the refuse and demolition debris remaining on -Site. Pursuant to ASTM E1527-13, Standard Practice for Environmental Site Assessment and ASTM E2600-15 Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions, Heartland conducted a Tier 1 evaluation to assess the presence or likely presence of vapor -phase chemicals of concern in soil at the Site that might result from contaminated soil and/or groundwater either on or near the Site. Heartland determined that vapor encroachment conditions (VECs) cannot be ruled out at the Site due to historical operations. Heartland did not identify any off -Site potential VECs. Phase 1 Update Report —June 2022 Due to timing of the Site acquisition, certain aspects of the December 2021 Phase I ESA required updating; therefore, a Phase I Update report was prepared. No additional subsurface investigations had been conducted on -Site since the December 2021 Phase I ESA and Site conditions were unchanged. No additional RECs were identified. Phase ll ESA Report —October 2022 In September 2022, a total of 47 soil borings (B-1 through B-47) were advanced to depths up to 25 feet bgs. The soil borings were advanced to the depth of first encountered groundwater saturated zone with one soil boring (13-18) ending at eight feet bgs due to boring refusal. Two soil samples from each soil boring were collected and 2 IDEM State Cleanup Program (SCP) assigned the Site incident #0001152 to be able to track documents in the VFC after receiving a report from the United States Environmental Protection Agency (US EPA) pertaining to its involvement at the Site regarding asbestos abatement.