Union Pacific Railroad Child Development Center

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

Sec. 49-1510 No well shall be drilled or maintained on any property that is adjacent to a public water supply without the approval of the plumbing board and the Douglas County Health Department. No well shall be drilled or maintained on any property for supplying water features or non-potable use without the approval of the Douglas County Health Department. Sec. 12-116 A well shall be located so as to no nearer than 100 feet to any septic tank soil absorption system, cesspool or any other known or suspected means of contamination. Whenever a well must be located on the downstream side of a known source of contamination, specific design criteria shall apply to the well, and shall be established by the Douglas County health department.