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The property is subject to the following Activity & Use limitations: a) Except for purposes of investigation or remediation approved by the Agency, extraction and/or use of the groundwater underlying the Property is prohibited; (b) Installation of any new groundwater wells in the Property is prohibited, except for wells used for investigative, monitoring and/or remediation purposes installed in accordance with an Agency-approved work plan; (c) Existing monitoring wells located in the Property shall be preserved and maintained, and shall not be abandoned or closed without the approval of the Agency; (d) Construction workers shall not be exposed to groundwater at the Property in any manner without the prior written approval of the Agency. If an Owner/Transferee desires to disturb soil beneath the water table in the Property, then such Owner/Transferee shall request permission to do so from the Agency at least 30 days before the soil disturbance activities are scheduled to begin. Contaminated groundwater may be disturbed if necessary during an emergency such as water or gas main break, fire, explosion, or natural disaster, in which case the Owner/Transferee shall ensure that notification is provided to the Agency verbally or in writing as soon as practicable, but no later than 24 hours after the disturbance. Any contaminated groundwater disturbed as part of an emergency response action must remain in the excavation, or be properly characterized, managed and disposed of in accordance with all applicable local, state, and federal requirements. Within 30 days after such emergency has been abated, the Owner/Transferee shall provide a written report to the Agency describing the emergency and any response actions; and (e) In the event that construction work is to be performed that may expose workers to contaminated groundwater in the Property, Owner/Transferee shall ensure that actual notice is provided in advance, both verbally and in writing, to any person or entity performing any work that may result in exposure to such groundwater, so that appropriate protective measures are taken to protect such workers' health and safety in accordance with applicable health and safety laws and regulations. Such notice shall include, but not be limited to, providing a copy of this Covenant to any individuals responsible for the construction. |