Brunswick Corp Defense Division

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.