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The Property is subject to the following activity and use limitations: (a) No new drinking water well shall be constructed or installed at the Covenant Areas within the cross-hatched area outlined in Figure 2 (attached hereto), without the prior written approval of the NDEQ and the USEPA. This prohibition shall not prohibit the operation and/or use of the existing groundwater wells identified on Figure 2 for purposes other than drinking water uses which are inclusive of ingestion by drinking or through food preparation and hygenic uses such as showering, hand washing, etc. (b) No portion of the Covenant Areas within the cross-hatched area outlined in Figure 1 (attached hereto) shall be used for any use other than industrial or commercial use, however, commercial uses of child care, preschool, dormitory, nursing home facilities, or any land use which would result in unacceptable exposures to the remaining contamination shall be prohibited unless otherwise approved by the Agencies. (c) No surface or subsurface soil or sediments shall be excavated or removed at the Central Drainage Ditch (CDD), Former Open Trench Area (FOT) or Former Petroleum Underground Storage Tanks (FPUST) areas identified on Figure 1 (attached hereto), except for (1) excavation or removal in conformance with an NDEQ and USEPA-approved Corrective Measures Implementation Plan; or (2) 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. (d) Appropriate warning signs and permanent markers shall be installed and maintained at the Covenant Areas to identify the impacted portions of the CDD, FOT, and FPUST. (e) No construction, repair or alteration activities shall be performed at the Covenant Areas within the CDD, FOT, or FPUST areas outlined in Figure 1 (attached hereto) that would damage or interfere with the prior corrective measures implemented for these areas, unless such activities are approved by the NDEQ and USEPA and are in accordance with an amended Corrective Measures Implementation Plan for the Covenant Areas. (f) Notwithstanding the foregoing activity and use restrictions, the restrictions set forth under Paragraph 4 (attached hereto) may be modified by Grantor upon receiving approval from NDEQ and USEPA. |