Geographic Area: |
Known as Lots 1, 2, 3, and 4, Block 8, The Original City of Omaha, as surveyed and lithographed, in Douglas County, Nebraska; together with, Lots 5, 6, 7, and 8, Block 8, The Original City of Omaha, as surveyed and lithographed, in Douglas County, Nebraska; together with, the alley situated between Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 8, The Original City of Omaha, as surveyed and lithographed in Douglas County, Nebraska. See the covenant for a more complete legal description. |
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The Property will not be used, developed or operated in any manner that will impair, degrade or compromise the remediation performed pursuant to the RAP.
(A)The clean fill system and the vapor barrier system shall not be penetrated in a manner that will interfere or impair the integrity of the systems. A request to penetrate the clean fill system and the vapor barrier system may be submitted to NDEQ for review and approval. Additional engineering steps may be required by NDEQ.
(B)Prior to any penetration of the clean fill system and the vapor barrier system approved by NDEQ, a protocol shall be developed for testing and proper management of any contaminated environmental media that may be encountered.
(C)Exceptions to the activity and use limitations (listed above) include minor excavations necessary to install, maintain or repair utility poles, fence posts, sidewalks, paving, and other comparable activities, as well as minor excavations necessary to maintain or repair existing underground utilities and minor excavations in connection with landscaping activities.
The Property will not be used to treat, store or dispose of hazardous waste as defined in the Resource Conservation and Recovery Act
Domestic, irrigation and other water wells of any type must not be drilled or maintained on the Property, except for groundwater monitoring wells and temporary dewatering wells for construction purposes. Groundwater beneath the Property must not be used as a source of drinking water or for other direct contact purposes, including fountains.
NDEQ shall be notified of any changes in use or development to the Property
Union Pacific grants to NDEQ and their authorized representatives and contractors a permanent nonexclusive license to enter the Property to monitor compliance with the terms of this Environmental Covenant, and to perform any environmental investigation, response, monitoring or remediation required by any federal, state or local government |