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Activity and Use Limitations:
a. The entire property, as depicted on the attached Figure, can be used only for industrial/commercial purposes, excluding child care.
b. Groundwater beneath the entire Property shall not be used as a source of potable water.
c. Any ground intrusive work (including, but not limited to excavation, digging and drilling) conducted in the Area of Residual Contamination (defined as that portion of the property described as West Benson Lot 25, Block 4½ Vac Alley Adj & Lots 22 thru 25) as depicted on the attached Figure, must be conducted in accordance with a health and safety plan that complies with Occupational Safety and Health Act Requirements.
d. Any groundwater pumped or otherwise removed from the Area of Residual Contamination must be tested, properly characterized and disposed of in an appropriate manner. Water pumped under NPDES dewatering authorization NEG671035/10472 is specifically excluded from this requirement.
e. Any soil excavated or otherwise removed from the Area of Residual Contamination, must be tested, properly characterized and disposed of in an appropriate manner.
f. Prior to any building construction/ground intrusive activity within the Area of Residual Contamination, a minimum 30 days prior notice must be provided to NDEQ.
g. Maintain and ensure the continued operation and effectiveness of the subslab depressurization system installed on site.
h. Any permanent structures, including but not limited to, buildings and storage facilities constructed or installed within the portion of the Property containing residual contamination in the southern portion of the Property, will need to be constructed with an engineered vapor mitigation system (e.g., sub-slab depressurization system or vapor barrier). The engineered vapor mitigation system (active or passive, as appropriate) must be compatible with the chlorinated solvents present at concentrations as presented in the 2010 Annual Report, Former Pfizer Omaha Site (Golder, April 2011). |