Van Diest Supply Company

The Property is subject to the following activity and use limitations: (a) Extraction and use of the ground water underlying the Property is prohibited, except for investigation or remediation approved by the NDEE. The construction or installation of any new water wells on the Property (other than groundwater monitoring wells or remediation wells) shall be prohibited. (b) Permanent residential occupancy, or occupancy by any business serving sensitive populations (such as child or elder care of athletic facilities), shall be prohibited. (c) The use of the Property shall be limited to industrial and commercial as defined by the McCook, Nebraska zoning code. (d) Construction limitation - No new structures capable of human occupancy shall be built on the Property without a properly designed and constructed vapor mitigation system. The mitigation system must be approved by the Agency in order to demonstrate that it is designed to prevent airborne concentration of volatile organic compounds (VOCs) within the structure from exceeding applicable risk-based standards. (e) The concrete cap on the Property must be maintained in accordance with the facility's Permit. Any alterations of the cap must receive prior written approval of the Agency in accorance with the Agency's applicable permit modification procedures, except to maintain the cap or the groundwater monitoring wells.