Omaha Riverfront Development

Sec. 49-1510 No well shall be drilled or maintained on any property that is adjacent to a public water supply without the approval of the plumbing board and the Douglas County Health Department. No well shall be drilled or maintained on any property for supplying water features or non-potable use without the approval of the Douglas County Health Department. Sec. 12-116 A well shall be located so as to no nearer than 100 feet to any septic tank soil absorption system, cesspool or any other known or suspected means of contamination. Whenever a well must be located on the downstream side of a known source of contamination, specific design criteria shall apply to the well, and shall be established by the Douglas County health department.

Use of the property for residential use (but not hotel use) is specifically limited to multi-functional structures with no dwelling units constructed on the ground floor. The Property shall not be used to store, treat or dispose of wastes of any kind, except garbage, rubbish, trash or wastes generated in the ordinary course of the occupant's business and stored, treated and disposed of in accordance with all applicable laws, rules and regulations of governmental authorities. The Property shall have no development where foundation loads shall be increased above loads specified in any engineering plans approved by the Permits and Inspections Division of the City of Omaha Planning Department or its successor agency. Domestic, irrigation and water well of any type shall not be drilled or maintained on the Property, except for groundwater monitoring wells. Groundwater beneath the Property shall not be used as a source of drinking water. If the soil capping system described in RAP 3 is penetrated to a depth that has a reasonable degree of scientific probability of interfering with or impairing the integrity of the soil capping system, additional engineering steps will be taken to protect human health and the environment until the integrity of the capping system is restored. Prior to a planned penetration of the soil capping system, a protocol shall be developed for testing and proper management of any contaminated environmental media that may be encountered. Prior to implementation of any planned penetration of the soil capping system, the protocol will be provided to NDEQ for review and approval. No actions or development shall be allowed on the Property that will have a reasonable degree of scientific probability of altering the drainage patterns such that the integrity of the soiling capping system would be compromised, or resulting in unstable slopes on the Property or damaging the rip rap and shoreline armoring. Changes in use or development to the Property to any use other than commercial, office building, hotel, public parks, open spaces, recreational areas or riverboat concession will require the approval of NDEQ.

The City covenants that the City shall at all times comply with the obligations of the City with respect to the Property set forth in RAP 1 and the other Remediation Documentation, not withstanding conveyance of any portion of the Property to RCD or to any other party. The Property shall not be used to store, treat or dispose of wastes of any kind, except garbage, rubbish, trash or wastes generated in the ordinary course of the occupant's business and stored, treated and disposed of in accordance with all applicable laws, rules and regulations of governmental authorities. The Property shall have no development where foundation loads shall be increased above loads specified in any engineering plans approved by the Permits and Inspections Division of the City of Omaha Planning Department or its successor agency. Domestic, irrigation and water well of any type shall not be drilled or maintained on the Property, except for groundwater monitoring wells. Groundwater beneath the Property shall not be used as a source of drinking water. If the soil capping system described in RAP 1 is penetrated to a depth that has a reasonable degree of scientific probability of interfering with or impairing the integrity of the soil capping system, additional engineering steps will be taken to protect human health and the environment until the integrity of the capping system is restored. Any party, prior to a planned penetration of the soil capping system, shall develop a protocol for testing and proper management of any contaminated environmental media that may be encountered. The protocol will be provided to NDEQ for review and approval prior to implementation. No actions or development shall be allowed on the Property that will have a reasonable degree of scientific probability of altering the drainage patterns such that the integrity of the soiling capping system would be compromised, or resulting in unstable slopes on the Property or damaging the rip rap and shoreline armoring

The Property shall not be used to store, treat or dispose of wastes of any kind, except garbage, rubbish, trash or wastes generated in the ordinary course of the occupant's business and stored, treated and disposed of in accordance with all applicable laws, rules and regulations of governmental authorities. The Property shall have no development where foundation loads shall be increased above loads specified in any engineering plans approved by the Permits and Inspections Division of the City of Omaha Planning Department or its successor agency. Domestic, irrigation and water well of any type shall not be drilled or maintained on the Property, except for groundwater monitoring wells. Groundwater beneath the Property shall not be used as a source of drinking water or for other direct contact purposes. If the soil capping system described in RAP 2 is penetrated to a depth that has a reasonable degree of scientific probability of interfering with or impairing the integrity of the soil capping system, additional engineering steps will be taken to protect human health and the environment until the integrity of the capping system is restored. Prior to a planned penetration of the soil capping system, a protocol shall be developed for testing and proper management of any contaminated environmental media that may be encountered. Prior to implementation of any planned penetration of the soil capping system, the protocol will be provided to NDEQ for review and approval. No actions or development shall be allowed on the Property that will have a reasonable degree of scientific probability of altering the drainage patterns such that the integrity of the soiling capping system would be compromised, or resulting in unstable slopes on the Property or damaging the rip rap and shoreline armoring. Changes in use or development to the Property to any use other than commercial, office building, multi-functional hotel or residential use with no ground floor dwelling units, public parks, open spaces, recreational areas, sewer grit station, marina, or pedestrian bridge terminus, will require the approval of NDEQ.