Institutional Controls Tracking System

Facility Name: Brunswick Corp Defense Division Zip Code: 68504
City: Lincoln County: Lancaster

Geographic Area: A tract of land in the North One-Half (N1/2) of the Northwest Quarter (NW1/4) of Section Seven (7), Township Ten (10) North, Range Seven (7) East of the 6th P.M., Lancaster County, Nebraska, more particularly described as beginning at a point forty (40) feet south from and seven hundred three (703) feet east of the Northwest Corner of said Section Seven (7) as the place of beginning, thence southerly seven hundred three (703) feet east from and parallel to the west line of said Northwest Quarter (NW1/4) a distance of five hundred and one-tenth feet (500.1), thence easterly on a line five hundred forty and one-tenth (540.1) feet southerly from and parallel to the North line of said Northwest Quarter (NW1/4) a distance of one thousand three hundred sixty and one tenth (1360.1) feet to intersect the westerly Chicago & Northwestern Railroad right-of-way line, thence in a northeasterly direction along said Chicago & Northwestern Railroad right-of-way line a distance of five hundred twelve and one tenth (512.1) feet to a point forty (40) feet Southerly from the north line of said Northwest Quarter (NW1/4), thence westerly on a line forty (40) feet southerly from and parallel to the north line of said Northwest Quarter (NW1/4) a distance of one thousand four hundred sixty-six and three tenths (1466.3) feet to the place of beginning, containing 16.22 acres. Also known as Lot 154 and Lot 155 of irregular tracts in the North One-Half of the Northwest Quarter of said Section 7. Description of Additional Land: Lot 22, Lincoln Industrial Addition, in the NW1/4 Section 7, Township 10 North Range 7 East, 6th P.M., Lincoln, Lancaster County, Nebraska. Described as follows: Beginning at the SW Corner Lot 94 I.T., NW1/4 said Section 7; thence easterly along south line said Lot 94 on an assumed bearing of N 89° -11’ East, a distance of 1360.1 feet to a point on the west right-of-way line of the Chicago, North Western Railroad Track, 50 feet from the centerline said track, measured normally to same; thence S 11° -54’ W, along said right-of-way, a distance of 652.4 feet; thence S 89° -53’ W, a distance of 1224.9 feet to the east line Industrial Avenue; thence North along said east line a distance of 621 feet to point of beginning. Containing 18.7 acres, more or less.
Latitude: 40.85527778 Address: 4300 Industrial Ave.
Longitude: -96.67916667
Category: Proprietary Media: GroundWater,Soil
Type: Restrictive Covenant - UECA
Text: a. The Property shall only be used for industrial or commercial purposes; provided, however, the Property specifically shall not be used for childcare, preschool, dormitory or nursing home facilities. b. Potable water supply wells are prohibited on any part of the property c. Except as allowed by this paragraph, no groundwater supply wells may be installed on the Property in or through the upper aquifer because there is a plume of contaminants in groundwater under the Property. Extraction and monitoring wells may be installed as part of the environmental response project, as approved by the Agency. A non-potable water supply well may be installed if it can be shown to the Agency’s satisfaction that (i) the water supply well can be installed on the Property without impacting the contaminant plume in the upper aquifer, (ii) such water supply well will be constructed in a manner that will prevent human exposure to the plume contaminants, and (iii) the installation of such well is in accordance with local ordinances and state regulations. d. Areas of the Property where contamination may be encountered in soils, based on historical results and as depicted on the cross-hatched area depicted on Figure 1, shall not be disturbed without compliance with OSHA and RCRA requirements and 30-day prior written notice to the Agency, except in the case of emergency utility repair activities or other subsurface work necessary for human health and safety. In these cases, Agency shall be notified within 10 working days after initiation of emergency work at the Property. e. To prevent or minimize exposure to soil gas vapors, any building or structure planned for human occupancy and that will be constructed in the future on the Property shall be constructed to include a vapor mitigation system. The vapor mitigation system shall generally conform to vapor mitigation systems described in “The Vapor Intrusion Pathway: A Practical Guideline,” dated January 2007 and prepared by the Interstate Technology & Regulatory Council. The Agency, upon request, shall be provided with a copy of the construction plans for the as-built vapor mitigation system. f. Vapor mitigation system in buildings constructed in the future on the Property shall be maintained so that they system continues to meet the intended function to protect human health from soil gas vapors. g. Removal/demolition of any existing building shall include appropriate protection for workers to account for potential unacceptable exposure to contamination in soil or groundwater as described in 4.d above. The foundation or other cover above the crosshatched area depicted in Figure 1 shall remain in place and shall not be disturbed without EPA approval, except in the case of emergency utility repair activities or other subsurface work necessary for human health and safety. In these cases, the Agency shall be notified within 10 working days after initiation of emergency work on the foundation or other cover above the crosshatched area depicted in Figure 1, and the foundation or other cover above the crosshatched area depicted in Figure 1 shall be repaired. h. If it can be shown that the environmental contamination is no longer a threat and/or unacceptable exposures are eliminated to the Agency’s satisfaction, the use restrictions and other obligations imposed by Section 4 may be rescinded upon written approval from the Agency.
Compliance Reporting: Annual reporting by then-current simple fee owner
Restrictions: Limit Future Land Use Limit Ground Water Use Activities Prohibit Potable Water Well Installation/ Construction Prohibit Soil Disturbance or Excavation without Approval Ensure Future Structures have Vapor Mitigation Systems that are Properly Maintained
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215 KB Brunswick_Corp_covenant_1.pdf