Former Nature's Variety

Public Notice

Proposed Remedial Action

West Haymarket Park - Former Nature’s Variety, Lincoln, NE

Facility ID: 29773       Program ID: 36-336-5301

Notice is hereby given pursuant to Neb. Rev. Stat. § 81‑15, 185.01 that the Nebraska Department of Water, Energy, and Environment (DWEE) is proposing approval of the Remedial Action Plan (RAP) for the West Haymarket Park - Former Nature’s Variety Facility, which is located at 215 South 7^th Street, Lincoln, Nebraska 68508.  The site is located in the northeast quarter of the northwest quarter of Section 26, Township 10N, Range 6E. 

Soil, soil gas, and groundwater at the site have been contaminated as a result of previous operations.  The contaminants of concern (COCs) for soil are benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, dibenz(a,h)anthracene, dibenzofuran, indeno(1,2,3-cd)pyrene, naphthalene, arsenic, and total extractable hydrocarbons as waste oil. COCs identified for soil gas are benzene, bromodichloromethane, dichlorodifluoromethane,  ethylbenzene, and naphthalene. COCs identifed for groundwater are methyl tert-butyl ether and arsenic  The proposed remedial action will address soil and soil gas contamination. 

DWEE has assigned this groundwater pollution event the remedial action class (RAC) of RAC-3, with RAC-1 being highest priority and RAC-3 being lowest.  This classification was determined due to the site being over a half mile from the nearest domestic well and 4.8 miles outside the nearest wellhead protection area in the Village of Emerald. Additionally, there is an ordinance prohibiting the installation of new wells for domestic purposes within the City of Lincoln. Due to the RAC-3 designation and no vapor intrusion concern from the COCs identified for groundwater, the proposed remedial action will not address groundwater conamination.  

DWEE is proposing the following remedial actions: 

• Excavation of soil to the extent necessary to allow 18 inches of clean fill to separate the base of the excavation from the final park design grade in areas of vegetative cover or 6 inches in areas of hard surface cover;

• Transport excavated soil offsite to an approved landfill for disposal;

• Placement of a high visibility demarcation barrier at the base of the excavation prior to placement of clean fill and/or hard surface covers;

• Import clean material for use of backfill material;

• Construction of an 18-inch soil cover in landscaped/vegetated areas and hard surface cover in paved areas;

• Maintenance of soil and hard surface covers, land use restrictions, and prevention of groundwater use through activity and use limitations (AULs); and

• Preparation of an environmental operation and maintenance plan to govern long term inspection and maintenance of AULs.

The proposed remedial actions are described in more detail in the RAP, dated July 9, 2025 (DWEE Document ID #20250069946). The RAP and supporting documents are available online at https://dee.nebraska.gov/ by selecting “Public Hearings/Notices” at the bottom of the page, then selecting “West Haymarket Park - Former Nature’s Variety”.   This will provide all site documents since the site joined the Voluntary Cleanup Program (VCP).  To view documents from before the site joined the VCP, please go to https://ecmp.nebraska.gov/PublicAccess/index.html?MyQueryID=340, and type “29773” into the “DEQ Facility Number” field and select “BF” from the “DEQ Program” dropdown box. 

Individuals requiring special accommodations or alternate formats of materials should notify the Department by calling 402‑471‑2186.  TDD users should call 800-833-7352 and ask the relay operator to call the Department at 402-471-2186.  Si necesita traducción de documentos al Español, por favor llame a DWEE al 402‑471‑2186.   

Any person may submit written comments regarding the proposed remedial action and may also request a public hearing, in writing, on or before August 11, 2025.  A request for a public hearing must state the nature of the issue(s) to be raised and all arguments and factual grounds supporting such position(s).  If the Director grants a public hearing, the hearing will be advertised by public notice at least 30 days prior to its occurrence.  Comments and hearing requests should be emailed to ndee.vcpbrownfields@nebraska.gov or mailed to: 

Tom Buell

Environmental Manager

Remediation Division

Nebraska Department of Water, Energy, and Environment

245 Fallbrook Blvd., Suite 100

Lincoln, NE 68521

Please note that physical mail must be post-marked no later than August 11, 2025 to be accepted.

Please contact Taryn Horn at taryn.horn@nebraska.gov or 402‑471‑6411 with questions or for more information. 

The DWEE does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and DWEE does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in or oppose actions protected/prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.