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. |
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