Institutional Controls Tracking System

Facility Name: West Haymarket Redevelopment Site Zip Code: 68508
City: Lincoln County: Lancaster

Geographic Area: Hudl Property; legally described as Lot 1, West Haymarket 2nd Addition (f/n/a the north 1/2 of Lot 3, except for the south 5 feet thereof, Block 6, West Haymarket Addition)
Latitude: 40.815600 Address: Hudl Property Site
Longitude: -96.712460
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank). (c) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015).
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic purposes. Maintain protective soil covers. Any ground disturbance must be conducted according to the West Haymarket Area Environmental Operations and Maintenance Plan.

Geographic Area: Arena and City owned property - East Flank; legally described as Lots 1 and 2, Block 3; Lots 1 and 2, Block 6 and Outlot E, West Haymarket Addition; Lots 1 and 3, West Haymarket 1st Addition (f/n/a Lots 1 and 3, Block 7, West Haymarket Addition)
Latitude: 40.817166 Address: Arena and City owned property - East Flank
Longitude: -96.712519
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank). (c) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015).
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic purposes. Maintain protective soil covers. Any ground disturbance must be conducted according to the West Haymarket Area Environmental Operations and Maintenance Plan.

Geographic Area: Deck 1 Parking Garage; legally described as Lot 1, Block 4, West Haymarket Addition
Latitude: 40.816514 Address: Deck 1 Parking Garage
Longitude: -96.713249
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank). (c) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015). (d) Prior to engaging in any construction activities at the Free Product Location that will penetrate the three-foot cap, a plan must be submitted to and approved by the Agency. In general, the plan shall describe how petroleum free product and/or vapor intrusion will be evaluated and potentially mitigated prior to new surface construction. (e) Any ground intrusive work in the Free Product Location must be conducted so as not to disturb the existing free product monitoring well and recovery system.
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic purposes. Maintain protective soil covers. Any ground disturbance must be conducted according to the West Haymarket Area Environmental Operations and Maintenance Plan. Must submit plan to penetrate cap that evaluates impact to free product and vapor intrusion. Do not disturb the existing monitoring well and recovery system.

Geographic Area: TDP Phase One; located on the NE corner of the block bounded by R Street on the north, Canopy Street on the east, Q Street on the south, and Pinnacle Arena Drive on the west and legally described as Lot 2, Block 4, West Haymarket Addition.
Latitude: 40.816849 Address: TDP Phase One
Longitude: -96.712326
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank). (c) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015). (d) Prior to engaging in any construction activities at the Free Product Location that will penetrate the three-foot cap, a plan must be submitted to and approved by the Agency. In general, the plan shall describe how petroleum free product and/or vapor intrusion will be evaluated and potentially mitigated prior to new surface construction. (e) Any ground intrusive work in the Free Product Location must be conducted so as not to disturb the existing free product monitoring well and recovery system.
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic purposes. Maintain protective soil covers. Any ground disturbance must be conducted according to the West Haymarket Area Environmental Operations and Maintenance Plan. Must submit plan to penetrate cap that evaluates impact to free product and vapor intrusion. Do not disturb the existing monitoring well and recovery system.

Geographic Area: TDP Phase Two; legally described as Lot 3, Block 4, West Haymarket Addition
Latitude: 40.816035 Address: TDP Phase Two
Longitude: -96.712404
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank). (c) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015). (d) Prior to engaging in any construction activities at the Free Product Location that will penetrate the three-foot cap, a plan must be submitted to and approved by the Agency. In general, the plan shall describe how petroleum free product and/or vapor intrusion will be evaluated and potentially mitigated prior to new surface construction. (e) Any ground intrusive work in the Free Product Location must be conducted so as not to disturb the existing free product monitoring well and recovery system.
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic purposes. Maintain protective soil covers. Any ground disturbance must be conducted according to the West Haymarket Area Environmental Operations and Maintenance Plan. Must submit plan to penetrate cap that evaluates impact to free product and vapor intrusion. Do not disturb the existing monitoring well and recovery system.

Geographic Area: TDP Phase Three; legally described as Lot 2, West Haymarket 2nd Addition (f/n/a south 1/2 of Lot 3 and the south 5 feet of the north 1/2 of Lot 3, Block 6, West Haymarket Addition)
Latitude: 40.815382 Address: TDP Phase Three
Longitude: -96.713029
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank). (c) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015).
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic purposes. Maintain protective soil covers. Any ground disturbance must be conducted according to the West Haymarket Area Environmental Operations and Maintenance Plan.

Geographic Area: Project Oscar; located on the NE corner of the block bounded by P Street on the north, Canopy Street on the east, O Street on the south, and Pinnacle Arena Drive on the west and legally described as Lot 2, West Haymarket 1st Addition.
Latitude: 40.814357 Address: Project Oscar
Longitude: -96.712492
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover (East Flank). (c) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) conducted must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015).
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic purposes. Maintain protective soil covers. Any ground disturbance must be conducted according to the West Haymarket Area Environmental Operations and Maintenance Plan.

Geographic Area: West Flank; Outlot B, West Haymarket Addition
Latitude: 40.817498 Address: West Flank
Longitude: -96.715521
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable and/or irrigation water source. (b) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) must be conducted in accordance with the terms and conditions of the Conservation Easement and the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015). (c) The Property shall only be used for purposes compatible with open space, recreational or wetlands management practices as set forth in paragraph 1.A of the Conservation Easement Agreement. Non-compatible uses as set forth in paragraph 1.B of the Conservation Easement are prohibited.
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic/irrigation purposes. Any ground disturbance must be conducted according to the Conservation Easement and the West Haymarket Area Environmental Operations and Maintenance Plan. Limit future land use.

Geographic Area: North Flank; legally described as Lot 3, Block 1, West Haymarket Addition.
Latitude: 40.820078 Address: North Flank
Longitude: -96.715656
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with contaminated soils shall be prevented in the area shown on Attachment "A" - Figure 4 - North Flank Boundary Map as the Soil/Concrete Cap Boundary Area by maintaining either a minimum of 18 inches of clean fill material or 6 inches of concrete (North Flank). (c) Any ground intrusive work (including, but not limited to excavation, digging, and drilling) must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan (Benesch, 2015). (d) No residential development or uses by other noncommercial/nonindustrial sensitive receptors including, but not limited to, hospitals, schools, childcare facilities, elderly housing and convalescent facilities is allowed.
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Prohibit groundwater use for domestic purposes. Maintain protective covers. Any ground disturbance must be conducted according to the West Haymarket Area Environmental Operations and Maintenance Plan. Limit future land use.

Geographic Area: Alter North and JayLynn, Lot 4, Block 7, West Haymarket Addition in the NW 1/4 of Section 26, Township 10 N, Range 06 E of the 6th Principal Meridian, Lancaster County, NE
Latitude: 40.8132 Address: 660 N Street, Lincoln, NE
Longitude: -96.7127
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: The Property is subject to the following activity and use limitations: (a) Groundwater shall not be used as a potable drinking water source. (b) Contact with underlying contaminated soils shall be prevented by maintaining a minimum of three ft. thick soil cap or six inch thick hard surface prescribed and approved for the specific area in the remedial action plan. (c) Any ground intrusive work (including, but not limited to excavation, digging and drilling) must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan for the WHRSS (Benesch, 2017). (d) Prior to engaging in any construction activity in the vicinty of free product and/or groundwater exhibiting the potential for vapor intrusion into structures on the former JayLynn property (as depicted in Attachment "B"), a plan must be submitted to and approved by NDEQ. In general, the plan shall describe how free product and/or vapor intrusion will be evaluated and potentially mitigated prior to construction. (e) The following information is provided in accordance with 40 CFR 761.61(a)(8): i) A portion of the property (former Alter North parcel) has been used for PCB remediation waste disposal. The property is not subject to low occupancy restrictions defined in 40 CFR 761.3 due to EPA's approval of a risk based disposal plan for the site on 8/16/13 (NDEQ Document ID #20130052756) as allowed under 40 CFR 761.61(c). ii) The risk based disposal plan approval assumes continued maintenance of a minimum of a three foot soil cap or six inch thick hard surface over the defined PCB remediation waste disposal area. iii) PCB waste remaining at the site which is to remain covered by the soil cap or hard surface consists of soil containing less than 10 parts per million (ppm) PCBs (the approved cleanup level).
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Restict groundwater use. Maintain protective covering. Follow the Operations and Maintenance Plan for any intrusive work. Obtain Agency approval prior to any construction activities. Maintain coverings in PCB remediation waste area.

Geographic Area: Alter South, Lot 1, Block 11 and Outlot "C", West Haymarket Addition in the NW 1/4 of Section 26, Township 10N, Range 06 E of the 6th Principal Meridian, Lancaster County, NE.
Latitude: 40.8122 Address: 525 N Street, Lincoln, NE
Longitude: -96.7127
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: The Property is subject to the following activity and use limitatiions: (a) Groundwater shall not be used as a potable drinking water source. Groundwater from the deeper portions of the aquifer (Dakota formation) may be utilized for irrigation purposes if tested for applicable contaminants and approved for such use by EPA and NDEQ. (b) Contact with the underlying contaminated soils shall be prevented by maintaining hard surface (building floor slabs, roadways, sidewalks, etc.) and/or a minimum of three ft. thick soil cover or the thickness prescribed and approved for the specific area in the remedial action plan. (c) Any ground intrusive work (including, but not limited to excavation, digging and drilling) must be conducted in accordance with the West Haymarket Area Environmental Operations and Maintenance Plan for the WHRSS (Benesch, 2017). (d) Prior to engaging in any construction activity in the areas exhibiting the potential for vapor intrusion into substructures (as depicted on Attachement "B"), a plan must be submitted to and approved by NDEQ. In general, the plan shall describe how vapor intrusion will be evaluated and potentially mitigated prior to construction. (e) The following information is provided in accordance with 40 CFR 761.61(a)(8): i) Portions of the property have been used for disposal of PCB remediation waste. The property is not subject to low occupancy restrictions defined in 40 CFR 761.3 due to EPA's approval of a risk based disposal plan for the site on February 26, 2015 (NDEQ Document ID #20150018281) as allowed under 40 CFR 761.61(c). ii) The risk based disposal plan approval assumes continued maintenance of a minimum of a three foot thick soil cap or 6 inch thick hard surface over the defined PCB remediation waste disposal area or the thickness prescribed and approved for the specific area in the remedial action plan. iii) PCB waste remaining at the site which is to remain covered by soil cap or hard surface consists of soil containing less than 20 parts per million (ppm) PCBs (the approved cleanup level).
Compliance Reporting: Annual reporting by the then-current fee simple owner of the property.
Restrictions: Restrict groundwater use. Maintain protective coverings. Follow Operations and Maintenance Plan for any intrusive work. Obtain Agency approval prior to any construction activities. Maintain coverings in PCB remediation waste areas.