Dry Wxxxx. The Existing Environmental Reports indicate the following: (a) a total of 13 dry well features are present at the Property, only 10 of which are permitted through the ADEQ, (b) previous sampling showed that sediments in three dry wxxxx (DW-5, 6, and 7), a catch basin (CB-1), and a seepage pit (SP-1) exceeded ADEQ dry well sediment guidance levels for lead, TPH, and/or benzopyrene, (c) drilling beside and through these features indicated that contaminants had not impacted underlying soils, (d) although dry wxxxx XX-5, DW-6, and DW-7 are now free of sediments, all remaining dry wxxxx, catch basins, and sumps should be cleaned out and the sediments disposed of in accordance with regulations, (e) as part of the cleanout process, dry well construction details should be documented to determine which features are open to underlying soils and should be regulated as dry wxxxx, and which (if any) features simply operate as catch basins which discharge to nearby dry wxxxx. Based on these factors, the following are Bank’s Compliance Requirements with respect to the existing dry wxxxx on the Property: If required by ADEQ, Borrower shall obtain permits for the three dry wxxxx not permitted by ADEQ, namely the tie-in wxxxx to dry wxxxx D5, D6 and D7. Borrower shall clean out sediment, as required by the ADEQ, in dry wxxxx XX-0, XX-0, XX-0, XX-0 and the seepage pit, and dispose of sediments in accordance with all laws, rules, and regulations (drywells DW-5, DW-6 and DW-7 have already been cleaned out). Results of the dry well sediment clean out and disposal activities should be promptly forwarded to the ADEQ along with results from previous dry well investigations (i.e. documentation from clean out of DW-5, DW-6 and DW-7), and a copy of all such results shall be promptly delivered to Bank. As part of the clean-out process, dry well construction details should be documented by Borrower to determine which features are open to underlying soils and should be regulated as dry wxxxx, and which (if any) features simply operate as catch basins which discharge to nearby dry wxxxx. It is possible that ADEQ will require further subsurface investigations relative to the dry well features, and if so, Borrower shall promptly notify Bank of all such requirements and shall comply with all requirements of ADEQ.
