Environmental Restrictive Covenant ‘THIS ENVIRONMENTAL RESTRICTIVE COVENANT is made this j8 _ day of. Tadey 2013, by the City of Elkhart (“Owner”). WHEREAS: Owner is the fee owner of certain real estate in the County of Elkhart, Indiana, which is located at 318 South Elkhart Avenue in Elkhart and more particularly described in the attached Exhibit “A” (“Real Estate”), which is hereby incorporated and made a part hereof. The Real Estate was acquired by deed on March 16, 2010, and recorded on March 29, 2010, as Deed Record 2010-06068, in the Office of the Recorder of Elkhart County, Indiana. The Real Estate consists of 4.91 acres and is also identified by the county by parcel identification number 20-06- 05-432-025.000-012. The Real Estate to which this Covenant applies is depicted on a map attached hereto as Exhibit “B.” WHEREAS: A Site Status Letter, a copy of which is attached hereto as Exhibit “C,” was prepared and issued by the Indiana Department of Environmental Management (“the Department” or “IDEM”) pursuant to the Indiana Brownfields Program’s (“Program”) recommendation to address the redevelopment potential of a brownfield site resulting from a release of hazardous materials and petroleum products, Program site number BFD #4060067, of which the Real Estate, referred to by the Program as “Parcel #1” is a portion. WHEREAS: The Site Status Letter, as approved by the Department, provides that certain contaminants of concem (“COCs”) were detected in soil on the Real Estate but will not pose an unacceptable risk to human health at the detected concentrations provided that the land use restrictions contained herein are implemented and maintained to ensure the protection of public health, safety, or welfare, and the environment. The COCs are arsenic, lead, benzo(a)pyrene, benz(a)anthracene, benzo(b)fluroanthene, dibenz(a,h)anthracene and ideno(1,2,3-cd)pyrene. WHEREAS: Soil and groundwater on the Real Estate were sampled for all or some of the following: volatile organic compounds (“VOCs”), semi-volatile organic compounds (“SVOCs"), total petroleum hydrocarbons (“TPH”) - extended range organic compounds (“ERO”), polychlorinated biphenyls (“PCBs”), and metals. Investigations detected levels of arsenic, lead, benzo(a)pyrene, benz(a)anthracene, benzo(b)fluroanthene, dibenz(a,h)anthracene and/or ideno(1,2,3-cd)pyrene in surficial soils (less than 10 feet below ground surface (“bgs”)) above their respective residential default closure levels (“RDCLs”) for direct contact exposure (“Direct Contact”) established by IDEM in the Risk Integrated System of Closure (“RISC”) Technical Resource Guidance Document (February 15, 2001 and applicable revisions) and the April 15, 2009 Interim RISC Non-default Recreational Surface Soil Closure Levels (“RecDCLs”) exposure criteria. Soil concentrations of arsenic, lead, benzo(a)pyrene, benz(a)anthracene, benzo(b)fluroanthene, dibenz(a,h)anthracene and ideno(1,2,3-cd)pyrene remain on Site above their respective Direct Contact RDCLs, their industrial default closure level (“IDCLs”) and/or their respective RecCLs. Contaminant levels detected in groundwater on the Real Estate were at levels below their respective RDCLs. A site map, attached hereto as Exhibit “D,” depicts the sample locations at which COCs were detected above applicable RISC closure levels on the Real Estate. The COCs detected at levels above applicable RISC closure levels are summarized on Table 1 in Exhibit “E,” which is attached hereto and incorporated herein.WHEREAS: IDEM approved non-default commerciaVindustrial and recreational closure of environmental conditions on the Real Estate under RISC because 1) the detected levels of arsenic, lead, benzo(a)pyrene, benz(a)anthracene, benzo(b)fluroanthene, dibenz(a,h)anthracene and ideno(1,2,3-cd)pyrene in soil on the Real Estate were either below applicable RISC IDCLs and/or RecCDLs or have been covered by at least 1-foot of “clean” soil (in the area planned for commercial/industrial use) or by 2-feet of “clean” soil (in the area planned for recreational use) thereby eliminating the Direct Contact exposure pathway to contamination. IDEM concluded that environmental conditions on the Real Estate meet applicable commercial/industrial and/or tecreational cleanup criteria in RISC so long as the land use controls required by this Covenant are maintained. Exhibit D depicts the areas of the Real Estate with 1 foot of clean cover (for commercial/industrial use) and 2 feet of clean cover (for recreational use). WHEREAS: Environmental reports and other documents related to the Real Estate are hereby incorporated by reference and may be examined at the Public File Room of the Department, which is located in the Indiana Government Center North at 100 N. Senate Avenue, 12" Floor East, Indianapolis, Indiana. The documents may also be viewed electronically by searching the Department's Virtual File Cabinet on the Web at: http://www. in. gov/idem/4101 htm, NOW THEREFORE, the City of Elkhart subjects the Real Estate to the following restrictions and provisions, which shall be binding on the City of Elkhart and all future owners: L RESTRICTIONS 1. Restrictions. The Owner: (a) Shall not use or allow the use of the Real Estate for residential purposes, including, but not limited to, daily child care facilities or educational facilities for children (eg., daycare centers or K-12 schools). (©) Shall not use or allow the use of the Real Estate for agricultural purposes unless agricultural plantings are placed in raised beds filled with a minimum depth of at least 18 inches of “clean” soil (demonstrated not to contain contaminants of concern above RISC RDCLs). Il GENERAL PROVISIONS 2. Restrictions to Run with the Land. The restrictions and other requirements described in this Covenant shall run with the land and be binding upon, and inure to the benefit of the Owner of the Real Estate and the Owner's successors, assignees, heirs and lessees or their authorized agents, employees, contractors, representatives, agents, lessees, licensees, invitees, guests, or persons acting under their direction or control (“Related Parties”) and shall continue as a servitude running in perpetuity with the Real Estate. No transfer, mortgage, lease, license, easement, or other conveyance of any interest in all or any part of the Real Estate by any person shall limit the restrictions set forth herein. This Covenant is imposed upon the entire Real Estate unless expressly stated as applicable only to a specific portion thereof,Binding upon Future Owners. By taking title to an interest in or occupancy of the Real Estate, any subsequent owner or Related Party agrees to comply with all of the restrictions set forth in paragraph 1 above and with all other terms of this Covenant. Access for Department. The Owner shall grant to the Department and its designated representatives the right to enter upon the Real Estate at reasonable times for the purpose of determining whether the land use restrictions set forth in paragraph 1 above are being properly maintained (and operated, if applicable) in a manner that ensures the protection of public health, safety, or welfare and the environment. This right of entry includes the right to take samples, monitor compliance with the remediation work plan (if applicable), and inspect records. Written Notice of the Presence of Contamination. Owner agrees to include in any instrument conveying any interest in any portion of the Real Estate, including but not limited to deeds, leases and subleases (excluding mortgages, liens, similar financing interests, and other non-possessory encumbrances) the following notice provision (with blanks to be filled in): NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL RESTRICTIVE COVENANT, DATED. 20_, RECORDED IN THE OFFICE OF THE RECORDER OF ELKHART COUNTY ON 20_, INSTRUMENT NUMBER (or other identifying reference) IN FAVOR OF AND ENFORCEABLE BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. Notice to Department of the Conveyance of Property. Owner agrees to provide notice to the Department of any conveyance (voluntary or involuntary) of any ownership interest in the Real Estate (excluding mortgages, liens, similar financing interests, and other non- possessory encumbrances). Owner must provide the Department with the notice within thirty (30) days of the conveyance and include (a) a certified copy of the instrument conveying any interest in any portion of the Real Estate, and (b) if the instrument has been recorded, its recording reference(s), and (c) the name and business address of the transferee. Indiana Law. This Covenant shall be governed by, and shall be construed and enforced according to, the laws of the State of Indiana. I. | ENFORCEMENT Enforcement. Pursuant to IC 13-14-2-6 and other applicable law, the Department may proceed in court by appropriate action to enforce this Covenant. Damages alone are insufficient to compensate the Department if any owner of the Real Estate or its Related Parties breach this Covenant or otherwise defauit hereunder. As a result, if any owner of the Real Estate, or any owner’s Related Parties, breach this Covenant or otherwise default hereunder, the Department shall have the right to request specific performance and/or immediate injunctive relief to enforce this Covenant in addition to any other remedies it10. 1 12, 13. 14, 15. may have at law or at equity. Owner agrees that the provisions of this Covenant are enforceable and agrees not to challenge the provisions or the appropriate court’s jurisdiction. IV. TERM, MODIFICATION AND TERMINATION Term. The restrictions shall apply until the Department determines that contaminants of ‘concem on the Real Estate no longer present an unacceptable risk to the public health, safety, or welfare, or to the environment. Modification and Termination. This Covenant shall not be amended, modified, or terminated without the Department’s prior written approval. Within thirty (30) days of executing an amendment, modification, or termination of the Covenant, Owner shall record such amendment, modification, or termination with the Office of the Recorder of Elkhart County and within thirty (30) days after recording, provide a true copy of the recorded amendment, modification, or termination to the Department, V. MISCELLANEOUS Waiver. No failure on the part of the Department at any time to require performance by any person of any term of this Covenant shall be taken or held to be a waiver of such term or in any way affect the Department's right to enforce such term, and no waiver on the part of the Department of any term hereof shall be taken or held to be a waiver of any other term hereof or the breach thereof. Conflict of and Compliance with Laws. If any provision of this Covenant is also the subject of any law or regulation established by any federal, state, or local government, the strictest standard or requirement shall apply. Compliance with this Covenant does not relieve the Owner from complying with any other applicable laws. Change in Law, Policy or Regulation. In no event shall this Covenant be rendered unenforceable if Indiana's laws, regulations, RISC guidelines, or remediation policies (including those concerning environmental restrictive covenants, or institutional or engineering controls) change as to form or content. All statutory references include any successor provisions. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other pursuant to this Covenant shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, addressed as follows: ‘To Owner: City of Elkhart Elkhart Development Office 229 South Second Street Elkhart, Indiana 46516 ATTN: Dennis Correll, Sr.16. 17. ‘To Department: Indiana Brownfields Program 100 N. Senate Avenue, Rm. 1275 Indianapolis, Indiana 46204 ATTN: Ken Coad Any party may change its address or the individual to whose attention a notice is to be sent by giving written notice in compliance with this paragraph. Severability. If any portion of this Covenant or other term set forth herein is determined by a court of competent jurisdiction to be invalid for any reason, the surviving portions or terms of this Covenant shall remain in full force and effect as if such portion found invalid had not been included herein. Authority to Execute and Record. The undersigned person executing this Covenant represents that he or she is the current fee Owner of the Real Estate or is the authorized representative of the Owner, and further represents and certifies that he or she is duly authorized and fully empowered to execute and record, or have recorded, this Covenant.Owner hereby attests to the accuracy of the statements in this document and all attachments, IN WITNESS WHEREOF, City of Elkhart, the said Owner of the Real Estate described above has caused this Environmental Restrictive Covenant to be executed on this _{& day of —Teeaney 2083 Cc Dal, LeroarS Steven C. Eldridge City of Elkhart staTeor J pyliond i COUNTY OF Before me, eds a Nowy Public in anq for said County and State, personally appes Pad of the = Owner, Se acknowledged the execution of the foregoing instrument for and on Redpnet said entity. ‘Witness my hand and Notarial Seal this I® day of Januar 52013. » Notary Public Residing in_ Elkhart county, Indianq My Commission Expires: 13°20 This instrument prepared by sea Prepared by the law firm of Warrick & Boyn, 121 W. Franklin Street, Suite 400, Elkhart, Indiana 46516, by Gary D. Boyn, affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Gary D. (Printed Name of Declarant)EXHIBIT A Special Warranty Deed for the Real EstateaD FoRMERNATTE COMA, waa P 225 ‘TWMS INDENTURE WITNESSES, 382 ELKHART LLC. an ols id Labi company ‘camer: to he CITY OF ELKHART, INDIANA, for be use wed ‘ese of of Redewlopen, a mnicpal cnporaton Grant, fre sn ‘fT and 0/00 Dallas (10.0) ano! vlae eousrin, te Telp and alee of which i hereby ackaoweged tbe rel ext conzoaly known as 318 Etat Aree, ‘kbar, liane 4654, cued In tbe Com of Eth, Indice wich I move partly esered as flows (te "Real Eee" ‘See Lops Deaeription Anached Hertom EAB A, ‘Gres ovens, wo tbe bet of rues fora wd Ble, at Rel Eat it fhe and eer of every Had or desrpn len, eurunbrnce, eee, len, peement ot reskin exept te folowing: 1, Any andl wpa rea este tees and special aes fr be yur 2000 and any phe yrs, od fr caren yer 2010 aed soeque eu. 2 Delage we and seme es, nclaing peasy, and any stor drape ‘epration fe, wat amen, aver wens, each aeRE, ‘Peril axsonces, wld was women, Mia) ROHSEOENG ip fe ted my ober assent. 3. Any coven, condos, resticions, cement or aseament appa in ‘Sepia 4. Pease euemens fo legen and bes any and al eights era. 5. Any adverse cli based upon. sng out of rete he Eth Re. 6 Alle mates of eon, uy, ncuig: ling, we and ater rescons ‘tres balding ies, reces exements,covean, Mpwaye ae hs otway of rece 7. Any dcrepucey, confi a bound Uns, shorage nee, ecroschnes, ‘rece mates Which a core arvey of Real Ete would close Saint Lent ndehu fosid cea ed Shae pe sung rE DISCLOSURE FEE NOT REQUIRED yeosi27 4) Pan ce OO eaateotdee Page ots(Gracie warrants und will defend the tide vo the Rea! Boat a herein conveyed osist the Lawl las ofall persons esiming by, through o under Grantor, ‘The undersigned pen exooutg hs Ded on bel of Gros represents and ceties hat be isthe ole Manager of Grantor and hasbeen fll empowered by & proper meting tc veto of the members of Oranor, 1 execute and deliver tls Dect thar Gmntr bas fll ‘xpanzaional opacity to convey the Real Eas and tht al necessary orpanizatoal action for the maklog of och conveyance has been ates and doce. IN WITNESS WHEREOF, Oramor ba exersod this Special Waranty Deed effective at ofthe [6 dey of March, 2010, ‘30 ELKHART LUC, an Winoie limited aig ss: 7) ae oy | Before me, 2 Notary Publis in and for said County and Ste, penanaly appeared Lawrence M. Fridman, be Mamager of 32 ELKRART LLC, a Wiois Hed Dablity company, who, afer having been duly swom, sclnowiedged the execution ofthe foregoing Special Waray Deed frend on bebalf of och init abit company. ‘WITNESS, my hand a Nota Sea hs _/B day of March, 2010 STATE OF ILLINOIS > (3 Noy Pte My’ My Com of Residence: 0201008068 Page 2018fim, vader the penalties for pexury, ht 1 have taken reasonable car to reduc each Soci ‘Security number nhs doeursent ules roared by law. wa LLC, 0 Minis inte abit ‘company By an” wre Mange ‘This esrment propre by Broce. Walaa, Coben Salk & Hoard, P63 Dune Rowd, ‘Sul 120, Northbrook, Minos 60062. rea Det: GaP. bo Stopet Boy tL? Tv. pn Seen Banas Send Tax! CA "tax Eee * le o20r00sese Page 3.015Referees or Fe a: 108127 HHH ahh ee | Ha ee ne a Hdl e201006068 Page 4015i 3 i S : 2 : i 0201008088 Page $015EXHIBIT B ‘Map of the Real Estatea WwAaouvd 4 | AMONNOS LAVEDTA NANOS (ee ‘dae a /EXHIBIT C Copy of Site Status LetterINDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment, Mitchell E. Daniel, Jr 100 Noth Senate Avenue Governor Indianapolis, Indiana 46204 (317) 232-8603 Thomas W. Easterly ‘Toll Free (800) 451-6027 Commissioner ‘www idem IN.gov October 25, 2012 ‘Mr. Dennis Correll, Sr. Brownfields Coordinator Elkhart Development Office City of Elkhart 229 South Second Street Elkhart, Indiana 46516 Re: Site Status Letter Former Elkhart Foundry & Machine 318 South Elkhart Ave, & 201 Prairie Ct. Elkhart, Elkhart County BFD # 4060067 Dear Mr. Correll: In response to the request to the Indiana Brownfields Program (Program) by the City of Elkhart (City) for assistance concerning the property located at 318 South Elkhart Avenue and 201 Prairie Court, Elkhart, Elkhart County (Site), the Indiana Department of Environmental Management (IDEM) has agreed to provide this Site Status Letter to clarify IDEM’s position on the necessity of an environmental response action at the Site. This letter is not a legal release from liability. It will, however, help to establish whether environmental conditions at the Site might be a barrier to redevelopment or property transfer. As part of the City’s request for assistance in determining any existing environmental impacts and potential liability to undertake response activities at the Site, Program staff has reviewed the following documents: + Phase I & Phase II Environmental Site Assessment (Phase I & II ESA) prepared by Wightman Petrie, Inc. (WPI), dated July 26, 2002 * Phase I Environmental Site Assessment (Phase I ESA) prepared by WPI, dated July 21, 2005 * Supplemental Site Assessment prepared by WPI, dated August 16, 2006 + Review of Environmental Reports — Letter prepared by Envirocorp, Inc., dated November 15, 2006 * Sediment and Groundwater Sampling Results prepared by August Mack Environmental, Inc., dated April 16, 2007 Peace Pape @ ‘Aa Eq Oppouniy Employer Pla RegFormer Elkhart Foundry & Machine — SSL BFD #4060067 Oct 25, 2012 Page 2 of 8 Phase Il Environmental Site Assessment Phase I ESA) prepared by BCA Consultants, Inc. (BCA), dated August 15, 2009 Phase II Supplemental Environmental Site Assessment (Supplemental Phase 11) prepared by BCA, dated November 23, 2009 Phase I Environmental Site Assessment (Elkhart Foundry Phase I ESA) prepared by BCA, dated January 5, 2010 Phase I Environmental Site Assessment (Dealership Lots Phase I ESA) prepared by Phifer Environmental Services, LLC (Phifer), dated March 8, 2010 Remediation Work Plan prepared by BCA, dated May 10, 2010 Closure Report prepared by BCA, dated April 15, 2011 Closure Report ~ Revision 1 prepared by BCA, dated July 27, 2011 Site Deseription The 6.83-acre Site consists of the following four parcels described in Table 1 and depicted on the attached Site map: TABLE 1 - Site Parcels Parcel# | Acreage Address cel ID 7 479 318 S. Elkhart Avenue '20-06-05-432-025,000-012 2 1.232, 210 Lexington 20-06-05-432-018.000-012 3 0.80 201 Prairie Court | 20-06-05-432-007.000-012 | [4 | 0008 | ——-201 PrairieCout ——«|_—_20-06.05-432-008.000-012 Adjacent properties surrounding the Site are primarily commercial in nature including: a shopping center across Prairie Court to the east; the Inova Credit Union to the southwest; a hair salon, a commercial business, car wash, Morris Auto Service, Lexington Business Center, grocery store, and several vacant buildings to the north and west; and the Elkhart River bordering the Site to the south and southeast. The Site is currently vacant. Elkhart Foundry & Machine operated a foundry on Parcel #1 from 1900 to 2004 when it filed for bankruptcy and closed the facility. In 2006, a removal assessment was completed by WPI, the Superfund Technical Assessment and Response Team (START) and the United States Environmental Protection Agency (U.S. EPA) - Region V identified wastes present on-Site and within the building that required removal. In March 2006, approximately 300 containers of hazardous/non-hazardous and petroleum products, and 33,000-gallons of water accumulated in the basement of the facility were properly disposed. Parcel #2 had once contained an approximate 20 foot by 30 foot cinder-block building which reportedly resembled a garage structure. Historical records indicated that Parcel #3 was first used as a trailer manufacturing and fabrication facility in 1950, as a car dealership in 1964 and carpet sales, furniture sales, and martial arts studio between 1970 through 1998. ElkhartFormer Elkhart Foundry & Machine - SSL BED #4060067 Oct 25, 2012 Page 3 of 8 Foundry obtained Parcels #2, #3, and #4 in 1978 for future expansion; however, because of lower than expected demand for products, facility expansion was not initiated, All four parcels were part of the 2004 Elkhart Foundry bankruptcy. Records indicate that the buildings had been vandalized and used for unauthorized metal scrapping before being razed. The Site has a gradual slope toward the Elkhart River bordering the Site to the south-southeast. The Site is served by a municipal drinking water supply. Redevelopment plans for the property are expected to be mostly industrialV/commercial near Elkhart Avenue and Prairie Court. A triangular-shaped area, measuring approximately 0.5-acre and located immediately adjacent to the Elkhart River, is expected to be developed for recreational use. Phase I Environmental Site Assessments ‘The BCA January 2010 Phase I ESA for Parcel #1 identified three recognized environmental conditions (RECs) at the Elkhart Foundry property: * Historical foundry activities conducted between 1900 and 2004 resulted in foundry sand throughout the property. Soil samples collected during previous investigations confirmed the presence of metals above their respective IDEM’s Risk Integrated System of Closure (RISC) Technical Resource Guidance Document (February 15, 2001 and applicable revisions) industrial defeult closure levels (IDCLs); * The Phase I Site reconnaissance identified two oil spills noted in the building with additional minor quantities of petroleum remaining in pails and in the hydraulic reservoir of a piece of equipment; + Asbestos containing materials (ACM) were identified on Site including pipe wrap and other building materials. In addition to the RECs, the following potential environmental conditions were noted during document review and Site reconnaissance for Parcel #1: past use of the Site as a foundry; historical use of petroleum products; Site listed as a Large Quantity Generator (EPA ID# INR0001 16871); Site was included in the Federal CERCLIS database because of abandoned drums and other hazardous materials (removed in 2004-05); several fires occurred in the southwest office area of the building; large number of empty drums and totes inside the building, piles of scrap metal, trash and asbestos containing materials (ACM) were identified on Site; electric transformers pads were noted north and east of the building; with an adjacent property south of the Site historically operated as a transformer manufacturer, machine and too] shop and junk company. ‘The Phifer March 2010 Phase | ESA detailed the following RECs on Parcels #2 and #3: © Potential presence of a UST system associated with the steam boiler for heating of the showroom. Site reconnaissance revealed a fill port and piping extending into a concrete slab.Former Elkhart Foundry & Machine — SSL BFD #4060067 Oct 25, 2012 Page 4 of 8 + The presence of a concrete basin whose use could not be determined. Further investigation is necessary to confirm its use and/or the presence/absence of contamination beneath the structure. ‘© Historical uses included trailer manufacturing/fabrication/painting and automotive service which all pose potential environmental risks to the subsurface. Remediation Work Plan ‘The May 2010 Remediation Work Plan (RWP) was prepared to address soil and groundwater contamination identified on Site and evaluate remedial alternatives to allow redevelopment of the Site for commercial and recreational uses. The RWP was developed using analytical results from previons investigations which included the advancement of a total of 32 push-probe soil borings, 4 hand augers, 12 temporary monitoring wells and 6 permanent monitoring wells and the collection of 81 soil samples, 10 sediments samples and the collection of groundwater samples from the temporary and permanent monitoring wells. Soil, sediments and groundwater samples were analyzed for some or/all of the following: total petroleum hydrocarbons (TPH)-extended range organics (ERO), volatile organic compounds (VOCs), polynuclear aromatic hydrocarbons (PAHs), semi-volatile organic compounds (SVOCS), polychlorinated biphenyls (PCBs), and metals. Results were compared to both IDEM’s RISC residential default closure levels (RDCLs) and/or to IDEM’s April 15, 2009 Interim RISC ‘Nondefault Recreational Surface Soil Closure Levels (RecCLs). Soils at depths of less than 10 feet below ground surface (bgs) were evaluated for direct contact exposure (Direct Contact). In addition, samples of various building materials including: dry wall, ceiling tiles, transite panels, pipe insulation and pipe joint material were collected to determine whether they were ACM. Analytical results from 34 soil samples showed the presence of arsenic, lead, ‘benzo(a)pyrene, benz(a)anthracene, benzo(b)fluroanthene, dibenz(a,h)anthracene and/or ideno(1,2,3-cd)pyrene above their respective RISC Direct Contact RDCLs, IDCLs and/or RecCLs. Refer to the attached Table 1. Sediment samples were collected from 10 locations off-Site within the river bed up-gradient, down-gradient and directly adjacent to the Sit Sediment samples revealed that sediments had been contaminated by on-Site fill materials as indicated by the presence of SVOCs in the submitted samples, but the detected concentrations were below U. S. EPA’s Probable Effects Concentrations (PECs). A PEC is the chemical concentration limit where an adverse effect is expected to frequently occur in aquatic biota. ‘The chemical concentrations detected in the sediment samples collected off-Site in the river bed do not pose a significant threat to aquatic biota. ‘Twenty-three groundwater samples collected from temporary monitoring weils (SB-1 through SB-12 and permanent monitoring wells (MW-1 through MW-6) were tested for VOCs, PAHs, and metals. Two filtered groundwater samples collected from temporary monitoring wells in 2002 and 2006 indicated the presence of arsenic at 11 parts per billion (ppb) (B-2 2006) and 38 ppb (B/MW-10 - 2002), which is above its RISC RDCL and IDCL of 10 ppb. All other constituents analyzed were below their respective RISC RDCLs. Arsenic was notFormer Elkhart Foundry & Machine - SSL ‘BFD #4060067 Oct 25, 2012 Page 5 of 8 detected at levels above its RISC RDCL of 10 ppb in groundwater samples subsequently collected in 2007 and 2009. ‘The selected Site remedial option included soil removal and disposal of soils above their respective Direct Contact IDCLs near borings B-S, SB-14, and B-6 from Areas 1 and 2; ‘the grading and capping with two-feet topsoil with vegetation the approximate 0.5-acre sized triangular-shaped area of land along the river bank planned for recreational redevelopment; and, removal of all non-category I ACM from the buildings prior to demolition. Closure Report ‘The Closure Report (Revision) documents closure activities conducted in the summer of 2010 which included: waste characterization of the contaminated soils, demolition of the on- Site structures, pavement and foundations; excavation of $14.44 tons of contaminated soil confirmation soil sampling; and, the placement of “clean” soil! brought on Site to cover the contaminated areas with the appropriate thickness of soil. Confirmatory soil samples collected from the two excavations (Areas 1 and 2) and “step-out” soil samples collected outside of the excavations revealed that concentrations of the remaining soils still exceeded their respective Direct Contact RDCLs and/or IDCLs for arsenic, lead, benzo(a)pyrene, denz(a)anthracene, benzo(b)fluroanthene, dibenz(a,h)anthracene and/or ideno(1,2,3-cd)pyrene following excavation. Based on confirmatory and “step-out” soil sample results, and visual examination of the remaining soils on-Site, program staff determined that there was no obvious visual difference between the soils excavated and the remaining soils on-Site and that excavation and removal of the remaining contaminated soils above their respective Direct Contact IDCLs would not be practical or needed based on the anticipated reuse. ‘Therefore, instead of further excavation of the contaminated soils, approximately 4 acres of Parcel #1, including Areas 1 and 2, were covered with a one-foot layer of “clean” soil to facilitate commercial/industrial redevelopment. ‘A triangular-shaped area (Areas 3 and 4), measuring approximately 1 acre, was covered with a two-foot layer of “clean” soil to allow recreational use near the river. Refer to Table 1, attached, for contaminant concentrations in soils remaining on-Site above their respective Direct Contact RDCLs, IDCLs and/or RecCLs. Groundwater measurements determined in 2007 from the six permanent monitoring wells (MW- 1 through MW-6) indicated depth to ground water ranged from approximately 4 feet bgs to 6.5 feet bgs with flow to the northwest across the Site. Groundwater results collected via low-flow method during the 2007 monitoring event for PAHs and Resource Conservation and Recovery Act (RCRA) metals revealed all contaminant concentrations to be below their respective RISC RDCLs. Groundwater samples collected in 2009 by BCA from 12 ‘temporary monitoring wells (SB1 through SB-12) and tested for VOCs, PCBs, SVOCs and metals showed all concentrations to be below their respective RISC RDCLs. * Determined by confirmation soil samples collected from the off-Site source.Former Elkhart Foundry & Machine - SSL BED #4060067 Oct 25, 2012 Page 6 of 8 Conclusions IDEM concludes, in part based on information provided by the City of Elkhart, that: (1) No state or federal enforcement action at the Site is pending, (2) No federal grant requires an enforcement action at the Site; (3) No condition on the Site constitutes an imminent and substantial threat to human health or the environment; (4) Neither the City nor an agent or employee of the City caused, contributed to, or knowingly exacerbated the release or threat of release of petroleum or other contaminants on the Site (5) The City does not have any ownership interest in any entity that caused, contributed to, or knowingly exacerbated the release or threat of release; (©) There is no alternative basis for the City’s liability for historic contamination at the Site (e.g., liability as a generator) or by reason of the existence of a new source of contaminants on the Site; and, (7) Detected levels of contaminants at the Site meet RISC non-default industrial cleanup criteria for commerciaV/industrial use. Based on the information submitted to o otherwise reviewed by IDEM, current conditions do not warrant a response action at this time and IDEM does not plan to take any action at the Site at this time. If IDEM later discovers that the investigations or other information submitted to or otherwise reviewed by IDEM were inaccurate, or if any activities undertaken by an owner or operator exacerbate the Site contamination or change from a commercial/industrial and recreational use, then IDEM reserves the right to revoke this decision and pursue any responsible parties. Additionally, this decision does not apply to past or present contamination that is not described in this Site Status Letter, any future releases, or applicable requirements under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901. IDEM can approve a non-default commercial/industrial closure for the western portion of Parcel #1 and a non-default recreational closure for the eastern third of Parcel #1, as long as a protective cover is maintained. Since levels of arsenic, lead, benzo(a)pyrene, benz(a)anthracene, benzo(b)fluroanthene, dibenz(a,h)anthracene and ideno(1,2,3-cd)pyrene in the soil at the Site in Parcel #1 were detected above their respective RISC RDCLs, IDCLs and/or RecCLs, as applicable, an environmental restrictive covenant (ERC) is required to be recorded on the deed for Parcel #1. IDEM is requiring a deed restriction via the enclosed ERC with the following provisions, summarized below: Parcel #1: «Not use the Site for residential purposes, including, but not limited to, daily care facilities (e.g., daycare centers, schools and senior citizen facilities).Former Elkhart Foundry & Machine - SSL. BFD #4060067 Oct 25, 2012, Page 7 of 8 Not use the Real Estate for agricultural purposes unless plantings are placed in raised beds (18 inches) filled with “clean” soil (demonstrated not to contain contaminants of concem above RISC RDCLs). ‘© Maintain the existing one-foot thick and two-foot thick layers of “clean” soil over remaining contaminated soil above the applicable RISC Direct Contact RDCLs; or the “clean” layer of soil can be replaced by four to six-inches of concrete and/or asphalt underlain by at least six-inches of gravel sub-base or clean material; or excavate contaminated Site soils exceeding RISC IDCLs and/or RecCls, where applicable, as denoted on the attached Site map and either a) consolidate the excavated soils on-Site and cap the consolidated material with two feet of “clean” soil (demonstrated not to contain contaminants of concern above RISC RDCLs), or ») properly dispose of the excavated soils in accordance with applicable regulations. Such excavation shall not be conducted without prior approval by IDEM of a work plan for the soil excavation which shall be submitted to IDEM at least sixty (60) days prior to initiating work. IDEM can approve a default commercial/industrial closure for environmental conditions on Parcels #2, #3 and #4 of the Site because detected levels of arsenic, benzo(a)anthracene, and/or benzo(a)pyrene, while exceeding their respective RDCLs, were below their respective IDCLs. An environmental restrictive covenant (ERC) is, however, required to be recorded on the deed for Parcels #2, #3 and #4 with the following provisions, summarized below: Parcels #2, #3, and #4: © Not use the Site for residential purposes, including, but not limited to, daily care facilities (¢.g., daycare centers, schools and senior citizen facilities). + Not use the Real Estate for agricultural purposes unless plantings are placed in raised (18 inches) beds filled with “clean” soil (demonstrated not to contain contaminants of concern above RISC RDCLs). In order for IDEM to consider this letter effective, the enclosed ERCs must be recorded on the respective deeds for the Site in the Elkhart County Recorder's Office. Please return certified copies of the filed documents to the address listed below: Indiana Brownfields Program 100 North Senate Avenue Room 1275 Indianapolis, Indiana 46204 ATTN: Ken CoadFormer Elkhart Foundry & Machine - SSL BED #4060067 Oct 25, 2012 Page 8 of 8 If you have any questions or comments regarding this letter or would like to notify IDEM of any additional information about the Site, then please contact Ken Coad of the Indiana Brownfields Program at 317-233-8409 or 1-800-451-6027, extension 3-8409 or by email at kcoad@ifa.in.gov. Sincerely, tag! Fy Deputy Assistant Commissioner Office of Land Quality Attachments ce: Jan Pels, U.S. EPA Region 5 (electronic) Meredith Gramelspacher, Indiana Brownfields Program (electronic) Ken Coad, Indiana Brownfields Program (electronic) David King, BCA, LLC (electronic)TABLE 1 Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs Sample Contaminant Detected | (parts per million) = aelazla.|] 2/4 3 4 = €2|2s/ Se] 22 leFg E | Location |Date| rey! = | 2 | $2 | §2| S2] FE ESE é 4 Bees z) 43 ai [i [33 [2002] 3 25_| NA | NA | NA |_NA | NA 3 | 87 | 2002] 24 66_[ NA | NA |_NA_| NA | NA 2 B-8 2002, 24 5.6 NA NA NA NA NA 338 | 12 [34 | 19* | 056 [16 182 | 057 | 20 | 14" | 0.56 | 15 148 | ND | 58° | ND | 055° | 12 1,450" [093 [1.6 | 10" [ND | 0.68 222 | 097 Lo*_|ND_| 05 338 [33 | 9. 2" | 2ae [42 381 | 25 | am | aie | 20° [41 4.77 | 0.61 | 14 | 082" | 0.24 | 0.62 46 | NA | NA [ NA_| NA | NA 327 [NA | NA | NA | _NA_|_NA 433 | NA_[_NA_[ NA [NA [NA 103] NA_| NA_| NA | NA_| NA 658 | NA | NA | NA] NA | NA Bl | 2006] 02 [34 }2006 | 0-2 [= Ba] 2006 [72-4 BS | 2006] 02 B-5__| 2006 | 2-4 B-6 | 2006 | 02 B-** | 2006 [2-4 {— Bs [2006 [02 BT [2006 [2-4 BS | 2006] 02 Bs [2006 [24 B9 | 2006 | 02 B9 | 2006] 24 [B10] 2006 | “02 120 NA_| NA | NA B-10__| 2006 | 2-4 142 NA_|_NA_|_NA $B-2_| 2009 [02 NA 9.66" | 7.08* [ND sB-4_ [2009 [02 NA 0.353 | 0.248 [0.715 SB5_| 2009 | 02 NA 1.0" {0.138 | ND 2 | SB-6_| 2009 | 0.2 NA_| 0.832" | 0.144 | 0.483 23, SB-7 [2009] 02 NA 0.978* | 0.09 | ND SB-10 | 2009 | 0-2 NA 0.667* | 0.113 | 0.444 SB-12 [2009 | 0-2 492" NA | NA | NA | 1 [7sB-13 “| 2009 164 NA_|_NA_|_NA SB.14* 213 7.42" [0.262 _|_ND Dup _| 2009 20 ND __|0.043, RISC Direct Contact RDCL: 200) Ose eng ms [ee RISC Direct Contact IDCLs 13 is_{ si] eens ea fae RecCLs 400 [| 51 | 51 | 051 | 051 | 51 Notes: Results are in parts per million (ppm) italic « above RISC RDCLs *= above RecCLs bold = above RISC IDCLs #4 soil excavated fe bes = fect below ground surface NA = Not Analyzed ND = Not Detected Page 1 of 3TABLE 1 (Con’t) Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs Sample Contaminant Detected (parts per milion) Depth | (ftbgs) 2,3¢d)- Location | Date Parcel # i Arsenic Lead Benzo(a)- Anthracene Benzo(b)- fluoranthene Dibenz(a,h)- anthracene Tdeno- @ pyrene [2009 [0-2 | 76" [224 [NA [| NA [NA [NA | NA | 2009 | 0-2 | ND | 725*[ NA | NA | NA | NA | NA 2009] 01 | 89 | 70 | 956 | ND | ND | 547* | 188+ 2009 | oi | 2.6 | 36 | 5.73" [ 163" | ND [3.49% | 9.53% 2009 | 0-1 | 38 | 33] 7.85* | 30.9* | 13.9" | 6.23" | ND 2009 | 0-1 | 44 | 31 | J78* | 58.38 | 21.6" | 7.86" | ND 2009 | 0-2 [| ND [38 | 0373 | 3.49 | 1.77 | 0.655" | 2.08 2009 | 0-2 | ND [10 [ 461 | 82* | sae" [ 7.18" [3.8 2009 | 0-2 [| ND | 87 {271 | 552" | 266" [ 113" [ 3.03 zoo [0-2 {Np [61 [241 [466 [22° [azar | 2.27 2010 | 25 | 135° | 129 | 0.952 [1.28 | 7.22" | 0.486 | 0.990 2010 [25 | 745* | 185 | 09 | 1.07 | 0957* | 0345 | 0.671 2010 | 25 | 14.0% [209 [1.53 | 1.73 | 181 | 0.693" [1.31 ‘Aral-sA | 2010} 25 | 13.2* | 239 | 0.694 | 0.874 | 0.823" | 0.312 | 0.654 ‘Areal-sA_[ 2010 | 25 | 201° | 657" | 0.927 | 14 | 1.24" [asor* | 123 ‘Areal-6A | 2010! 25 | 64 | 99.8 | 0.824 | 146 | 135" | O6iI* | 1.33 ‘Areal-TA | 2010 | 2.5 | 27.9% | 268 | 422 | 5.9% | s42* [ 215° | 4.13 Aral-sA [2010] 25 | 86 | 197 | 2.82 | 3.17 | 3.30" | 127% | 2.56 Areai-9A | 2010 | 2.5 | 73.2" | 387 [1.26 [1.29 [126° | 0447 | 0.914 ‘Aval-l0a | 2010] 25 | 13.J* | 256 | 352 | 340 | 349" | 1.19% | 2.43 ‘Areal-11A | 2010 | 25 | i25 | 292 | 1.83 | 213 | 208* | 0772" | 1.55 Aral-12A | 2010| 25 | 108 | 169 | 18 | 293 | 228 | 178* | 2.53 Areai-i3a | 2010 | 25 | 22.28 | 127 | 36 | 321 | 315 | rose | 2.02 ‘Areal-7B_| 2010 | 25 | 0.289 | 256 | 2:58 | 520° | 3.27" | 1.76" | 3.94 Areal-sB | 2010 [25 [0.279 [35.2 [2.50 | 498 | 3.27" | 1se* | 3.52 2010) 25 | 0.661 | 162 | 4.54 | 533% | S18" | 1.79" | 381 ‘Area ‘Areai-108 | 2010} 25 | 0.607 | 264 | 3:52 | 365 | a3" | 1.13" | 2.45 ‘Areal-11B | 2010 | 25 | 0.535 | 180] 277 | 353 | 327° | 110" | 249 RISC Direct Contact RDCLs | 3.9 | 400] 5 sos [0s | 5 ‘RISC Direct Contact RDCLs 20 [1,300 [15 15 1s [sis RecCLs 3 [400 [ si_[ 31 | ost] ost_| Notes: Results are in parts per million (ppm) ave RecCLs + soil excavated NA® Not Analyzed Page 2 of 3TABLE 1 (Con’t) Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs _ Contaminant Detected (Garis per milion) 2] 22] ar « 2 af| 22) a.|e2la. ] cat Demag ale a Wesierie ae | aie ice lace Z| Location | Date : re 22 | 22 |ea8 A qty} 2 | 2 | 22) 82 | 25] 32 |E58 « - a2 | 32 a zEi-s Ran RSP CE] Areal-13B | 2010 45 1.56 162 6.92* 5.50* y 1.75* 3.96 Area2-1A { 2010 45 NA NA 2.62 5.50" 2AT* 3.98 Area2-2A | 2010 45 NA NA 0.423 1.18 0.323 0.684 ‘Areal-3A | 2010] 45 | NA | NA | 297 | 676" 232" | 493 Aress4a [2010 | a5 NA-[-NA_[-143[ 250 Tos 2.16 ‘Arad3A-[ 2010] 45] NANA | 2.13 [ 41 150" [282 Area2-6A_| 2010 45 NA NA 181 4.59 1.66 3.25 Area 0A | 201045 -NA-[ NA 3.87 | 3.79" 26] 403 se [S92 [127 1["aread-2B [2010] 45 | NA | NA | 324 ] 353 Ti | 2.25 Area?-6B_| 2010 45 NA NA S5.68* 7.83* 2.54* | 5.43* Eastem 1 | 2010 05 0.193 | 63.7 4.80 7.51* 238" | 5.14* Eastem2 } 2010 0.5 0.283 | 56.2 3.40 7.39% 2.72* | 5.85* Eastem3 | 2010 0.5 0.256 | 30.6 3.72 7.05* 241" | 5.36* [_Eastem4 | 2010 05 0.224 | 38.8 2.84 527° 1.867 4.09 Eastem5 | 2010. 0.5 0.285 | 58.1 4.63 617* 2.22* 461 Ease? [2010] 05] 0ale | 348 | 401 | 75 33" 657" Eases 2010 | 05 [02s | -w07 [Sol [II aa" oF Eastem9 | 2010 05 0.235 360° 0.282 0.547 0.172_| 0.310 Essien 10] 2010] —05_| ND | 294 [0.03 [0.815 0235 [0511 RISC Direct Contact RDCLs 3.9 400, 5 Os | 5 RISC Direct Contact RDCLs 20 1,300. 5 15 1s} 1S Recs Bo] 400 [st [St asi Dd Notes: Resuls rein pars per lin pm) vaio above RISC RDCLs . bald ~ above RISC IDCLs se Soecevated figs = fat below ground surice NA = Not Analeed ND ono Detested Page 3 of 3EXHIBIT D Site Map Depicting Sampling Locations at which COCs Were Detected Above Applicable Closure Levels DISCLAIMER: Information on this map is being provided to depict environmental conditions on the Real Estate that are the subject of the land use restrictions contained in the Covenant to which this map is, attached and incorporated, The land use restrictions contained in the Covenant were deemed ‘appropriate by the Department based on information provided to the Department by the Owner or another party investigating and/or remediating the environmental conditions on the Real Estate. This map cannot ‘be relied upon as a depiction of all current environmental conditions on the Real Estate, nor can it be relied upon in the future as depicting environmental conditions on the Real Estate.| iydeq 76n05 pur {oem naoyuron owns | SUOREO peed 4 eore [eas | “ANONNO LAVH!TS BEWWOS | anonEXHIBIT E TABLE 1 Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLsTABLE1 Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs Sample Contaminant Detected (parts per million) ael/aila.| 2 |.4 g aE ae| Ze l,42 Location | Date | Dept | = § q | 32) 22| 2 Se UE Fe cosy! E | 4 |] $2) 38 | 32) Fe le38 82) 22) 3*| 23 FS ‘ é aa B3 2002 24 66 25 NA NA NA NA NA B-L 2006 0-2, 858 33.8 Ey 34 1.8* 0.56* 16 Ba} 2006 [022 | 734[-182 037 | 20 | 14 | 056" | 15 B4 2006, 24 13.0 14.8 ND 5.8* ND 0.55* 12 BS [2006 [02 [235 14s0" | 093 | 16 [1.0 |_ND_| 0.68 BS [2006 2-4 192" | m2 | 097_| 14] 10" | ND] 05 BO 2006 0-2 7.07 33.8 33 9.3" 5.2 2.4* 42 Bs [2006 [02 | ND] 477 | oot | 14 oat | oe Doe B-7 2006 24 15.3* 46 NA NA NA NA NA B-8 | 2006 [~02—|3.95[-527 | NA~[-NA[ NA] NA [NA BS 2006, 24 10.3 43.3 NA NA NA NA NA BO 2006 0-2 5.79 10.3 NA NA NA NA NA B-9 2006. 24 71d 65.8 NA NA NA NA NA B10 | 2006| 02 | 113 | 120 | NA | NA | NA | NA | NA B10 | 2006 | 2-4 | 744 | 142 | NA | NA | NA | NA_|_NA SB-2 | 2009| 02 | NA_| NA | 939% | ND | 9.66" | 7.08% | ND sB4 | 2009 0-2 [ NA | NA_| 0.353 [0.727 | 0.353 [0.248 [0.715 SB-S 2009 0-2 NA NA 2.12 2.01 1.0* 0.138 ND SB-10 2009 0-2 NA NA 154 0.757 | 0.667* | 0.113 | 0.444 SB-12 2009 0-2 7 492* NA NA NA NA NA SB-13 2009 02 7 164 NA NA NA NA NA RISC Direct Contact RDCLs_ 3.9 400 5} 5. 05 0.5 = RISC Direct Contact IDCLs 20 1,300 15 15 15 re = RecCLs 13 400 5.1 5. O51 051 5.1 Notes: Results are in parts per million (ppm) ‘bgs = fet below ground surface italic ~ above RISC RDCLs # above RecCLs bold = above RISC IDCL NA= Not Analyzed ND =Not Detected Page 1 of 3TABLE 1 (Con’t) Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs oe Contaminant Detected cs (parts per million) . af] a8] a, 2). ven | 2 | z | 2) 22] S28] 22 ese Location | Date £) 2] 82] 92] $8) FE IESE (itbgs) | 2 3 g2 £ 5 2 igd5) & a2 | 28 & é |2¢ 2] #2 al" pf ff NA NA NA NA NA SB-15 2009 0-2 16* 224 Bank-1 2009 0-1 89 70 9.56" ND ND 5.47* | 18.8* Bank-2 2009 0-1 2.6 36, 5.13" 16.3* ND 3.49* | 9.83" Bares [us| tase [3s rae Das ase Daa ND Bank-4 2009 0-1 4.4 ESE 11.8* ee 21.6" 7.86" ND. HA-1 2009 0-2 ND EG 0.373 3.49 1,77* | 0.653* |_2.08 HA-2 2009 0-2 ND 10 4.61 82" 3.16" 1.18" 3.82 Has 008 | 0 ND] a} sed p66 I 8 HA4 2009 0-2 ND 61 241 4.66. 2.2" 0.741" | 227 Hea [ab 93a ass | tae | a | a 080 Areal-2A° 2010. 25 14.5* 185, 09 1.07, 0.951* | 0.345 | 0.671 Areal-3A_ 2010, 25 14.0" 209 1.53 1,73 1.81" | 0.693" | 1.31 Areal-4A_ 2010 25 13.2* 239, 0.694 0.874 | 0.823* | 0.312 | 0.654 Areal-5A_ 2010 25 20.1* | 657* | 0.927, 14 1.24* | 0.591" | 1.22 Areal-6A. 2010 25 64 99.8 0.824 1.46 1.35* | 0.611* 1.33 Retr [oni] 95 aoe ee | ae a Sa se [a Areal-8A_ 2010 25 86 197. 2.82 3.17 3.30* 1.22" 2.56 AaLSA [OI 35a Tae ae Tae | ae | baat [old Areal-10A | 2010 25 131° 256. 3.52 3.40 3.49" 119% 2.43 Areal-L1A__| 2010. 25 125 292 1.83 2.13 2.04* | 0.712% | 1.55 Areal-12A | 2010 25 10.8 169 18 2.93 2.28* L18* 2.53, wealisa[amig | 35a [36 | sar | oe Areal-7B 2010 2.5 0.289 256 2.58 5.20" 3.27% 1,76* 3.94 AneaL8B 3010-| 95] 0370 | 359-[ 350 aoe | Sar | tape a3 Areal-9B 2010 25 0.661 162 4.54 5.33* 5.18* 1,79" 3.81 eati0B-[ amie] 35] baa [aes] st See | sere ae oa Areal-11B_| 2010 25 0.535 1380 277 353 ne 1.10* 249 RISC Direct Contact RDCLs_| 3.9 | 400_| 5 5 05] 05 5 RISC Direct Contact RDCLs_| 20 | 1,300 |_15 15, 15 15_|_15 RecCLs 13 | 400 [3.1 31 | -osi_| ost | 51 | Notes: Results are in parts per million (ppm) italic = above RISC RDCLs = above RecCLs bold = above RISC IDCLs #4 soil excavated ft bgs = feet below ground surface NA=Not Analyzed ND = Not Detected Page 2 of 3TABLE 1 (Con’t) Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs =a Contaminant Detected (parts per million) e ae| a8 ee loa dem | = | 3 | £2 | FE ea |ae8 Location | Date | aan) g/ 3 i £| 83 a: 2a z az) as BETS 0.575 134 257 O.917* 2.10 ‘Areal-13B | 2010 | 45 | 1.56 | 162 | 692" | 5.50" 17s" | 396 ‘Area2-1A | 2010| 45 | NA | NA | 2.62 | 350° 27 | 398 Area2-2A_ 2010 45 NA NA 0.423 1.18 0.323 0.684 ‘Area?-3A] 2010 | 45 NA_| NA] 297 | 676" 23a | 4953 Area3-4A. 2010 45 NA NA 1.43 2.50 1.08* 2.16 Area2-SA_ 2010 45 NA NA 2.13 411 1.50* 2.92 Area2-6A. 2010 45 NA NA 1.81 459 1.66* 3.25, Area2-10A_| 2010. 45 NA NA 3.87 5.79% 2.06" 4.03 Area2-1B_ 2010, 45 NA NA 14.5% 25.9% 5.92* 12.7* ‘Area2-2B [2010 | 45 NA_| NA_| 3.24 | 3.53 TI | 235 Area2-6B 2010 4S NA NA 5.68" 7.83" 254° 5.43" Eastem 1 | 2010] 05} 0.193 | 63.7] 480 | 751° 2387 | 514 Eastern 2 2010 0.5 0.283 | 56.2 3.40 7.39% 272" 5.85* Easiem3 | 2010| 05 | 0356] 306 [3.72 [ 705 Balt | 5.30" Eastern 4 2010 0.5 0.224 | 38.8 2.84 5.27* 1.86", 4.09 Eastem5 | 2010 | 0.5 _].0.285 | s8.1_| 463 | 617* 2.228 | 461 Eastern 7 2010 0.5 0.316 | 34.8 4.01 7.54" 3.03* 6.57" Fastem-8 | 2010] 0.5} 0495 [80.7 | 3.61 | 11.9" 425" | 9.59" Eastern 9 2010 0.5 0.235, 360. 0.282 0.547 0.172 0.310 | Eastern 10 | 2010. 05 ND 294 0.403 0.815 0.235_| 0.511* RISC Direct Contact RDCLs 3.9 400 5 5 0.5 0.5 5 RISC Direct Contact RDCLs | 20_[ 1.300] 1s] 1s] 15] 15 RecCLs 13, 400 SL 5.1 O51 0.51 5.1 ‘Notes: Results are in parts per million (ppm) * = above RecCLs {ftbgs = feet below ground surface ND = Not Detected Page 3 of 3 italic = above RISC RDCLs old = above RISC IDCLs NA=Not AnalyzedADEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. fen GR) ht Deh corn Sona rome Pitedea! Coverner Incianapoli, Indiana 45204 iS (917) 232-8603, ‘Thomas W. Easterly ‘Toll Free (800) 451-6027 Commissioner winder Ngo 2 October 25, 2012 Mr. Dennis Correll, Sr. Brownfields Coordinator Elkchart Development Office City of Elkhart 229 South Second Street Elkhart, Indiana 46516 Re: Site Status Letter Former Elkhart Foundry & Machine 318 South Elkhart Ave. & 201 Prairie Ct. Elkhart, Elkhart County BED # 4060067 Dear Mr. Correll: In response to the request to the Indiana Brownfields Program (Program) by the City of ‘Elkhart (City) for assistance conceming the property located at 318 South Elkhart Avenue and 201 Prairie Court, Elkhart, Elkhart County (Site), the Indiana Department of Environmental Management (IDEM) has agreed to provide this Site Status Letter to clarify IDEM’s position on the necessity of an environmental response action at the Site. This letter is not a legal release from liability. It will, however, help to establish whether environmental conditions at the Site might be a barrier to redevelopment or property transfer. As part of the City’s request for assistance in determining any existing environmental impacts and potential liability to undertake response activities at the Site, Program staff has reviewed the following documents: © Phase I & Phase II Environmental Site Assessment (Phase I & II BSA) prepared by Wightman Petrie, Inc. (WPI), dated July 26, 2002 * Phase I Environmental Site Assessment (Phase 1 ESA) prepared by WPI, dated July 21, 2005 Supplemental Site Assessment prepared by WPI, dated August 16, 2006 © Review of Environmental Reports ~ Letter prepared by Envirocorp, Inc., dated November 15, 2006 © Sediment and Groundwater Sampling Results prepared by August Mack Environmental, Inc., dated April 16, 2007 eal Paper @ ‘An El Opporuniny Employer Pls Rte ©Former Elkhart Foundry & Machine - SSL_ BFD #4060067 Oct 25, 2012 Page 2 of 8 Phase II Environmental Site Assessment (Phase II ESA) prepared by BCA Consultants, Inc. (BCA), dated August 15, 2009 © Phase II Supplemental Environmental Site Assessment (Supplemental Phase II) prepared by BCA, dated November 23, 2009 : ‘* Phase I Environmental Site Assessment (Elkhart Foundry Phase I ESA) prepared by BCA, dated January 5, 2010 © Phase I Environmental Site Assessment (Dealership Lots Phase I ESA) prepared by Phifer Environmental Services, LLC (Phifer), dated March 8, 2010 ‘© Remediation Work Plan prepared by BCA, dated May 10, 2010 © Closure Report prepared by BCA, dated April 15, 2011 © Closure Report - Revision 1 prepared by BCA, dated July 27, 2011 Site Description ‘The 6.83-acre Site consists of the following four parcels described in Table 1 and depicted on the attached Site map: TABLE 1 - Site Parcels Parcel# | Acreage Address Parcel ID 1 4.79 318 S. Elkhart Avenue 720-06-05-432-025,000-012, 2 1.232 210 Lexington 20-06-05-432-018.000-012 3 0.80 201 Prairie Court 20-06-05-432-007.000-012 4 0.008 201 Prairie Court 20-06-05-432-008.000-012 Adjacent properties surrounding the Site are primarily commercial in nature including: a shopping center across Prairie Court to the east; the Inova Credit Union to the southwest; a hair salon, a commercial business, car wash, Morris Auto Service, Lexington Business Center, grocery store, and several vacant buildings to the north and west; and the Elkhart River bordering the Site to the south and southeast. The Site is currently vacant. Elkhart Foundry & Machine operated a foundry on Parcel #1 from 1900 to 2004 when it filed for bankruptcy and closed the facility. In 2006, a removal assessment was completed by WPI, the Superfund Technical Assessment and Response Team (START) and the United States Environmental Protection Agency (U.S. EPA) - Region V identified wastes present on-Site and within the building that required removal. In March 2006, approximately 300 containers of hazardous/non-hazardous and petroleum products, and 33,000-gallons of water accumulated in the basement of the facility were properly disposed. Parcel #2 had once contained an approximate 20 foot by 30 foot cinder-block building which reportedly resembled a garage structure. Historical records indicated that Parcel #3 was first used as a trailer manufacturing and fabrication facility in 1950, as a car dealership in 1964 and carpet sales, furniture sales, and martial arts studio between 1970 through 1998. ElkhartFormer Elkhart Foundry & Machine ~ SSI. BED #4060067 Oct 25, 2012 Page 3 of 8 Foundry obtained Parcels #2, #3, and #4 in 1978 for future expansion; however, because of lower than expected demand for products, facility expansion was not initiated. All four parcels were part of the 2004 Elkhart Foundry bankruptcy. Records indicate that the buildings had been vandalized and used for unauthorized metal scrapping before being razed. The Site has a gradual slope toward the Elkhart River bordering the Site to the south-southeast. The Site is served by a municipal drinking water supply. Redevelopment plans for the property are expected to be mostly industrial/commercial near Elkhart Avenue and Prairie Court. A triangular-shaped area, measuring approximately 0.5-acre and located immediately adjacent to the Elkhart River, is expected to be developed for recreational use. Phase I Environmental Site Assessments The BCA January 2010 Phase I ESA for Parcel #1 identified three recognized environmental conditions (RECs) at the Elkhart Foundry property: * Historical foundry activities conducted between 1900 and 2004 resulted in foundry sand throughout the property. Soil samples collected during previous investigations confirmed the presence of metals above their respective IDEM’s Risk Integrated System of Closure (RISC) Technical Resource Guidance Document (February 15, 2001 and applicable revisions) industrial default closure levels (IDCLs); «The Phase I Site reconnaissance identified two oil spills noted in the building with additional minor quantities of petroleum remaining in pails and in the hydraulic reservoir of a piece of equipment; © Asbestos containing materials (ACM) were identified on Site including pipe wrap and other building materials. In addition to the RECs, the following potential environmental conditions were noted during document review and Site reconnaissance for Parcel #1: past use of the Site as a foundry; historical use of petroleum products; Site listed as a Large Quantity Generator (EPA ID# INR000116871); Site was included in the Federal CERCLIS database because of abandoned drums and other hazardous materials (removed in 2004-05); several fires occurred in the southwest office area of the building; large number of empty drums and totes inside the building, piles of scrap metal, trash and asbestos containing materials (ACM) were identified on Site; electric transformers pads were noted north and east of the building; with an adjacent property south of the Site historically operated as a transformer manufacturer, machine and tool shop and junk company. ‘The Phifer March 2010 Phase I ESA detailed the following RECs on Parcels #2 and #3: * Potential presence of a UST system associated with the steam boiler for heating of the showroom. Site reconnaissance revealed a fill port and piping extending into a concrete slab.Former Elkhart Foundry & Machine — SSL BED #4060067 Oct 25, 2012 Page 4 of & ‘* The presence of a conerete basin whose use could not be determined. Further investigation is necessary to confirm its use and/or the presence/absence of contamination beneath the structure. * Historical uses included trailer manufacturing/fabrication/painting and automotive service which all pose potential environmental risks to the subsurface. Remediation Work Plan The May 2010 Remediation Work Plan (RWP) was prepared to address soil and groundwater contamination identified on Site and evaluate remedial alternatives to allow redevelopment of the Site for commercial and recreational uses. The RWP was developed using analytical results from previous investigations which included the advancement of a total of 32 push-probe soil borings, 4 hand augers, 12 temporary monitoring wells and 6 permanent monitoring wells and the collection of 81 soil samples, 10 sediments samples and the collection of groundwater samples from the temporary and permanent monitoring wells. Soil, sediments and groundwater samples were analyzed for some or/all of the following: total petroleum hydrocarbons (TPH)-extended range organics (ERO), volatile organic compounds (VOCs), polynuclear aromatic hydrocarbons (PAHS), semi-volatile organic compounds (SVOCs), polychlorinated biphenyls (PCBs), and metals, Results were compared to both IDEM’s RISC residential default closure levels (RDCLs) and/or to IDEM’s April 15, 2009 Interim RISC ‘Nondefault Recreational Surface Soil Closure Levels (RecCLs). Soils at depths of less than 10 * fect below ground surface (bgs) were evaluated for direct contact exposure (Direct Contact). In addition, samples of various building materials including: dry wall, ceiling tiles, transite panels, pipe insulation and pipe joint material were collected to determine whether they were ACM. Analytical results from 34 soil samples showed the presence of arsenic, lead, benzo(a)pyrene, benz(a)anthracene, benzo(b)fluroanthene, dibenz(a,h)anthracene and/or ideno(1,2,3-cd)pyrene above their respective RISC Direct Contact RDCLs, IDCLs and/or ReeCLs. Refer to the attached Table 1. Sediment samples were collected from 10 locations off-Site within the river bed up-gradient, down-gradient and directly adjacent to the Site. Sediment samples revealed that sediments had been contaminated by on-Site fill materials as indicated by the presence of SVOCs in the submitted samples, but the detected concentrations were below U. S. EPA’s Probable Effects Concentrations (PECs). A PEC is the chemical concentration limit where an adverse effect is expected to frequently occur in aquatic biota. ‘The chemical concentrations detected in the sediment samples collected off-Site in the river bed do not pose a significant threat to aquatic biota. ‘Twenty-three groundwater samples collected from temporary monitoring wells (SB-1 through SB-12 and permanent monitoring wells (MW-I through MW-6) were tested for VOCs," PAHs, and metals. Two filtered groundwater samples collected from temporary monitoring wells in 2002 and 2006 indicated the presence of arsenic at 11 parts per billion (ppb) (B-2 - 2006) and 38 ppb (B/MW-10 - 2002), which is above its RISC RDCL and IDCL of 10 ppb. All other constituents analyzed were below their respective RISC RDCLs. Arsenic was notFormer Elkhart Foundry & Machine ~ SSL "BED #4060067 Oct 25, 2012 Page 5 of 8 detected at levels above its RISC RDCL of 10 ppb in groundwater samples subsequently collected in 2007 and 2009. The selected Site remedial option included soil removal and disposal of soils above their respective Direct Contact IDCLs near borings B-5, SB-14, and B-6 from Areas 1 and 2; the grading and capping with two-feet topsoil with vegetation the approximate 0.5-acre sized triangular-shaped area of land along the river bank planned for recreational redevelopment; and, removal of all non-category I ACM from the buildings prior to demolition. Closure Report The Closure Report (Revision) documents closure activities conducted in the summer of 2010 which included: waste characterization of the contaminated soils; demolition of the on- Site structures, pavement and foundations; excavation of 514.44 tons of contaminated soils; confirmation soil sampling; and, the placement of “clean” soil’ brought on Site to cover the contaminated areas with the appropriate thickness of soil. Confirmatory soil samples collected from the two excavations (Areas 1 and 2) and “step-out” soil samples collected outside of the excavations revealed that concentrations of the remaining soils still exceeded their respective Direct Contact RDCLs and/or IDCLs for arsenic, lead, benzo(a)pyrene, ben2(a)anthracene, benzo(b)fTuroanthene, dibenz(a,h)anthracene and/or ideno(1,2,3-cd)pyrene following excavation. Based on confirmatory and “step-out” soil sample results, and visual examination of the remaining soils on-Site, program staff determined that there was no obvious visual difference between the soils excavated and the remaining soils on-Site and that excavation and removal of the remaining contaminated soils above their respective Direct Contact IDCLs would not be practical or needed based on the anticipated reuse. Therefore, instead of further excavation of the contaminated soils, approximately 4 acres of Parcel #1, including Areas 1 and 2, were covered with a one-foot layer of “clean” soil to facilitate commercial/industrial redevelopment. A triangular-shaped area (Areas 3 and 4), measuring approximately 1 acre, was covered with a two-foot layer of “clean” soil to allow recreational use near the river. Refer to Table 1, attached, for contaminant concentrations in soils remaining on-Site above their respective Direct Contact RDCLs, IDCLs and/or RecCLs. Groundwater measurements determined in 2007 from the six permanent monitoring wells (MW- 1 through MW-6) indicated depth to ground water ranged from approximately 4 feet bgs to 6.5 feet bgs with flow to the northwest across the Site. Groundwater results, collected via low-flow method during the 2007 monitoring event for PAHs and Resource Conservation and Recovery Act (RCRA) metals revealed all contaminant concentrations to be below their respective RISC RDCLs. Groundwater samples collected in 2009 by BCA from 12 temporary monitoring wells (SBI through SB-12) and tested for VOCs, PCBs, SVOCs and metals showed all concentrations to be below their respective RISC RDCLs. " Determined by confirmation sol samples collected from the off Site sourceFormer Elkhart Foundry & Machine - SSL. BED #4060067 Oct 25, 2012 Page 6 of 8 Conclusions IDEM concludes, in part based on information provided by the City of Elkhart, that: (1) No state or federal enforcement action at the Site is pending; (2) No federal grant requires an enforcement action at the Site; (3) No condition on the Site constitutes an imminent and substantial threat to human health or the environment; (4) Neither the City nor an agent or employee of the City caused, contributed to, or knowingly exacerbated the release or threat of release of petroleum or other contaminants on the Site. (8) The City does not have any ownership interest in any entity that caused, contributed to, or knowingly exacerbated the release or threat of release; (©) There is no alternative basis for the City’s liability for historic contamination at the Site (eg., liability as a generator) or by reason of the existence of a new source of contaminants on the Site; and, (7) Detected levels of contaminants at the Site meet RISC non-default industrial cleanup criteria for commercial/industrial use. Based on the information submitted to or otherwise reviewed by IDEM, current conditions do not warrant a response action at this time and IDEM does not plan to take any action at the Site at this time. If IDEM later discovers that the investigations or other information submitted to or otherwise reviewed by IDEM were inaccurate, or if any activities undertaken by an owner or operator exacerbate the Site contamination or change from a commerciaVindustrial and recreational use, then IDEM reserves the right to revoke this decision and pursue any responsible parties. Additionally, this decision does not apply to past or present contamination that is not described in this Site Status Letter, any future releases, or applicable requirements under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901. IDEM can approve a non-default commercial/industrial closure for the western portion of Parcel #1 and a non-default recreational closure for the caster third of Parcel #1, as long as a protective cover is maintained. Since levels of arsenic, lead, benzo(a)pyrene, benz(a)anthracene, benzo(b)fluroanthene, dibenz(a/h)anthracene and ideno(1,2,3-ed)pyrene in the soil at the Site in Parcel #1 were detected above their respective RISC RDCLs, IDCLs and/or RecCLs, as applicable, an environmental restrictive covenant (ERC) is required to be recorded on the deed for Parcel #1. IDEM is requiring a deed restriction via the enclosed ERC with the following provisions, summarized below: Parcel #1: + Not use the Site for residential purposes, including, but not limited to, daily care facilities (e.g., daycare centers, schools and senior citizen facilities).Former Elkhart Foundry & Machine — SSL BFD #4060067 Oct 25, 2012 Page 7 of 8 * Not use the Real Estate for agricultural purposes unless plantings are placed in raised beds (18 inches) filled with “clean” soil (demonstrated not to contain contaminants of concern above RISC RDCLs). * Maintain the existing one-foot thick and two-foot thick layers of “clean” soil over remaining contaminated soil above the applicable RISC Direct Contact RDCLs; or the “clean” layer of soil can be replaced by four to six-inches of concrete and/or asphalt underlain by at least six-inches of gravel sub-base or clean material; or excavate contaminated Site soils exceeding RISC IDCLs and/or RecCls, where applicable, as denoted on the attached Site map and either a) consolidate the excavated soils on-Site and cap the consolidated material with two feet of “clean” soil (demonstrated not to contain contaminants of concern above RISC RDCLs), or +b) properly dispose of the excavated soils in accordance with applicable regulations. Such excavation shall not be conducted without prior approval by IDEM of a work plan for the soil excavation which shall be submitted to IDEM at least sixty (60) days prior to initiating work. IDEM can approve a default commercial/industrial closure for environmental conditions on Parcels #2, #3 and #4 of the Site because detected levels of arsenic, benzo(a)anthracene, and/or benzo(a)pyrene, while exceeding their respective RDCLs, were below their respective IDCLs. An environmental restrictive covenant (ERC) is, however, required to be recorded on the deed for Parcels #2, #3 and #4 with the following provisions, summarized below: Parcels #2, #3, and #4: ‘© Not use the Site for residential purposes, including, but not limited to, daily care facilities (e.g., daycare centers, schools and senior citizen facilities). ‘© Not use the Real Estate for agricultural purposes unless plantings are placed in raised (18 inches) beds filled with “clean” soil (demonstrated not to contain contaminants of concern above RISC RDCLs). In order for IDEM to consider this letter effective, the enclosed ERCs must be recorded on the respective deeds for the Site in the Elkhart County Recorder's Office. Please return certified copies of the filed documents to the address listed below: Indiana Brownfields Program 100 North Senate Avenue Room 1275 Indianapolis, Indiana 46204 ATTN: Ken CoadFormer Elkhart Foundry & Machine - SSL BED #4060067 Oct 25, 2012 Page 8 of 8 If you have any questions or comments regarding this letter or would like to notify IDEM of any additional information about the Site, then please contact Ken Coad of the Indiana Brownfields Program at 317-233-8409 or 1-800-451-6027, extension 3-8409 or by email at kcoad@ifa.in.gov. Sincerely, Deputy Assistant Commissioner Office of Land Quality Attachments cc: Jan Pels, U.S. EPA Region 5 (electronic) Meredith Gramelspacher, Indiana Brownfields Program (electronic) Ken Coad, Indiana Brownfields Program (electronic) David King, BCA, LLC (electronic)TABLE 1 Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs Sample Contaminant Detected (parts per milion) 2l.g ine * 2 AE; A a] 4 a¢ a g S| S8| S| SE lege Z | Location | Date | Depth | & q S2/2a| § £ Bs ge i tog | 2 g2/28| 2) 22 jak é 2 22 |4:|a*| 22S é FI pop T[_B3 [200 | 24 | 66 | 25 NA_|_NA_|_NA_| NA 3 | Ba [2002] 24 | 54 | 66 NA_[|NA_|_NA_|_NA NA_|_Na_|[NA_|_NA 34 | 18* | 0.56" | 16 2[ BS [202] 24 [ 65 | 56 Bel | 2006] 02 | 858 | 33.8 B4 [2006] 0-2 | 734 | 182 | 057 | 20 [ 14% | 0567 [15 B4 | 2006| 24 | 130 | 148 | ND | 5.8* | ND | 055* | 12 B5__| 2006; 02 | 23.5* | 1,450" | 0.93 [| 1.6 | 10* | ND | 0.68 BS | 2006| 24 | 19.2 [222 [097 [14 | 70" | ND [05 B6 | 2006] 02 | 7.07 | 338 [ 33 | 93% | 5.28 | 24* | 42 Bor | 2006| 2-4 [5.78 | 381 [25 | a7* | 4a* | 20" [41 B3 [2006] 02 | ND | 477 | 061 | 14 | 082" | 0.24 | 0.62 B7 | 2006| 24 | 753* | 46 | NA_| NA | NA | NA | NA B8 [2006] 0-2 [3.95 [5.27 [NA_[ NA [NA | NA [NA B8 [2006] 24 | 03 | 433_| NA | NA | NA | NA | NA B9 | 2006| 0-2 | 5.79 | 103 [ NA_| NA | NA | NA | NA B-9 | 2006; 24 | 7.79 | 658 | NA | NA |_NA | NA | NA B-10_[ 2006 [0-2 {77.3 [120 | NA | NA | NA | NA _[ NA B-10_| 2006] 2-4 | 744 [142 | NA [NA | NA_[_NA_|_NA sB-2_| 2009] 02 | NA | NA | 939 | ND | 9.66* | 7.08* | ND sB-4_ | 2009| 0-2 | NA | NA | 0.353 | 0.727 | 0.353 [0.248 | 0.715 sB-5_| 2009] 02 | NA | NA | 212 | 201 0.138 |_ND 2 [_sp-6_|2009[ 0-2 [NA | NA | 655 | ND 0.144 [0.483 2.3|_SB-7_| 2009 | 0-2_| NA | NA_| 0.76 | 142 | 0.978*| 0.09 | ND SB-10_| 2009 | 0-2 [NA | NA_| 154 | 0.757 | 0.667" | 0.113 [0.444 SB-12_| 2009 | 0-2 7 | 492" |" NA_| NA | _NA_|_NA_| NA 1 [~sp-13 [009 | “0-2 9 164 | NA [Na [WA [NA [NA SB-14°* 3s*_[ 213 | si4* [ND _|7.42* [0.262 | ND 2009 | 0-2 Dup 20 | 0.054 [0.114 [ND 0.045 RISC Direct Contact RDCLs_{ 3.9 [400° 3 3 os_{ 0s [5 RISC Direct Contact IDCLs 20 | 1300 | is [is fs us | is RecCLs 3 | 400 | si [51 [ost | ost [si Notes: Results are in parts per million (ppm) italic = above RISC RDCLs * above RecCLs bold = above RISC IDCs +4 soil excavated ‘ft bgs ~ feet below ground surface NA=Not Analyzed ND =Not Detected Page | of 3TABLE 1 (Con’t) Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs Sample Contaminant Detected (parts per mi ae|az}a.]28l,4 = 2 @3| 22] eg | 22 lage z ¢ |] £8) 2s) eg] 32 (age B) Location | Date ne) B | 3 BE| a | 82] Fe |ES| é 4 a2) 22/8" | 22 FoF a| #8 BE SB-15| 2009 | 0.2 | 16°] 204] NA | NA] NA] NA] NA sB-16* | 2009] 0-2 | ND | 725*| NA | NA | NA | NA | _NA Buk | 2009] 0-1 [89 | 70 | 956° | ND | ND | S47 | 188° Bank? | 2009] 0-1 | 2.6 | 36] 3.13" | 163* | ND] 349" | 9.83" Bank-3 | 2009 | 0-1_| 3.8 | 33] 7.85" | 3097 | 139° | 623" | ND Bank-é | 2009 [0-1 | 44 | 31 | J1.8* | 583" | 21.6" | 7.86" | ND HAT | 2009| 02 | ND | 38 | 0.373 | 349 | 1.77 | 0.653" | 2.08 2009 [0-2 | ND [10 | 461 | 32* [3.16 [7.78 | 3.82 2009 | 0-2 | ND | 87 | 271 | 352 | 2.66% | 1/3* | 3.03 2009 | 0-2 | ND | 61 | 241 | 466 | 22% [o74* | 2.37 2010 | 25 | 135* | 129 | 0.952 | 1.28 | 1.22* | 0.486 | 0.990, oro [2.5 | i4s* {iss | 09 [107 | 0.957" | 0345 [0.671 2010 | 25 | 14.0% | 209 | 153 | 1.73 | 1ai* | 0.693" | 131 2010 |_25 | 73.2* | 239 | 0.694 | 0.874 | 0.823% [ 0.312 | 0.654 2010 [2.5 | 20.1* | 057" [0.927 [14 [1.24% [o.sore [122 2010 |_2.5 64 | 99.8 | 0.824 | 1.46 | 135* | 0617" | 1.33 2oio | 25 | 279% {| 268 | 422 [5.80% | s.az* [ 2.15* [4.13 2010 | 2.5 86 | 197 | 2.82 | 3.17 | 3.30" [ 1.22" | 256 Araloa | 2010} 25 | 13.2% | 3a7* |_i.26 | 1.29 | 1.26* | 0.447 | 0.914 Aveal-10A | 2010 | 2.5 | 13.7% | 256 | 352 | 3.40 | 3.49% | ri9* [2.43 Areal-l1A | 2010 [25 | 125 | 202 [| 193 [213 | 204% [0.772% [155 tt Areal-2A | 2010| 2.5 | 108 | 169 | 18 | 293 | 228° | ris* | 253 Awali3 [2010 | 25 | 222" | i277 [| 36 | 321 | 3.15" | 7o3s* [ 202 Areal-7B [2010 {25 {0.289 [256 | 2.58 [5.20% [-3.27* [ "1.76" [3.94 ‘Aveal-sB | 2010 | 25 | 0.279 | 55.2 | 250 | 498 | 3.27" | 1se* | 3.52 ‘Aral-9B | 2010 | 25 | 0.661 | 162 | 454 | 5.33* | 5.18* [1.79* | 3.81 Areai-10B [2010 | 25 | 0.607 [264 [352 [7 3.65_[ 3.53" [1.73* [2.45 Aral-1iB | 2010 | 25 | 0.535 | 180 | 277 | 353_| 3.27 | 1.10" | 249 RISC Direct Contact RDCLs_| 3.9 [400 3 A 05 | 05 5 RISC Direct Contact RDCLs_] 20 | 1,300 | __15 15 15 15, 15 RecCLs 13 | 400 | 51 31] ost | ost | 51 Notes: Results are in parts per million (ppm) italic = above RISC RDCLs *= above RecCLs bold = above RISC IDCLs 7% soil excavated fl bgs = feet below ground surface NA = Not Analyzed ND= Not Detected Page 2 of 3TABLE 1 (Con’t) Former Elkhart Foundry & Machine Soil Contaminants Above RISC Direct Contact RDCLs Sample Contaminant Detected (parts per milion) a : 42] a3 | ae] 22 [.42) F ronson | one] Pe) 3 | 3 | FE] g2 | 2) FE e388) : be | § g2| 22 | g6| £2 |238 a - #5) 82|4 BE |S Areal-12B | 2010 45 0.575 | 134 2.64 2.57 _| 3.11* | 0.917' 2.10 | Areal-13B | 2010 45 1,56 162 6.92* oe 6.76" | 1.75" 3.96 Area2-1A_| 2010 4S NA NA 2.62 5.50* 4.55* 247 3.98 Area2-2A | 2010 45 NA NA 0.423 1.18 0.684* | 0.323 | 0.684 Area2-3A_| 2010 4S NA NA 2.97 6.76" 5.40* | 2.32* 4.93 Area3-4A_| 2010 45 NA NA 1.43 2.50 2.32* 1.08* 2.16 Area2-5A_| 2010 45 NA NA rat} 411 3.44" EE 2.92 Area2-6A_| 2010 45 NA NA 181 459 3.11* | 1.66* 3.25, Area2-10A | 2010 45 NA NA 3.87 Er ad 5.10* | 2.06* 4.03 Area2-IB_| 2010 4S NA NA 14.5 25.9% 16.4* | 5.92* | 12.7* 1"Aread-2B | 2010 45 NA NA 3.24 3.53 3.69* LU 2.25 Area2-6B_| 2010 45 ‘NA ‘NA 5.68" 7.83" 6.86* | 2.54" | 5.43" Eastern! | 2010] 0.5 | 0.193 | 63.7] 4.80 | 7517 | 658° | 238° | 5.14 Eastem2 | 2010 0.5. 0.283 | 56.2 3.40 7.39* 6.36" | 2.72* | 5.85" Eastern 3_| 2010 0.5 0.256 | 30.6 oe pz La 6.58* | 2.41* | 536° Eastem 4_| 2010 0.5 0.224 | 38.8 2.84 S5.27* 4.72* | 1.86* 4.09 Eastern 5_| 2010 0.5 0.285 | 58.1 4.63 CF Fie 5.93* | 2.22" 461 Eastem7_ | 2010 05 0.316 | 34.8 4.01 7.54* 7.16* | 3.03* | 6.57* Eastem 8 | 2010 0.5 0.425 | 80.7 | 5.61* 11.9* 10.8" | 4.25* | 9.89% Eastem9 [2010 | 0.5 | 0.235 | 360 | 0282 | 0547 | 0291 | 0.172 | 0.310 Eastern 10 | 2010 05 ND 294 0.403 0.815_| 0.631" | 0.235_| O.511* RISC Direct Contact RDCLS | 3.9 | 400] 5 3 os {0s | 5 RISC Direct Contact RDCLs 20 1,300 15 15 15 LS 15 RecCLs 13 400. SA SA 0.51 051 51 Notes: Results are in parts per million (ppm) * = above RecCLs oil excavated NA=Not Analyzed Page 3 of 3 italic = above RISC RDCLs bold = above RISC IDCLs frbgs~ feet below ground surface ND =Not Detected