Douglas County Landfill-State Street

A) The property shall not be used for purposes other than commercial or industrial uses; B) Childcare facilities shall be prohibited, and the Property must not be used for residential, recreational, agricultural or other such use. If any person desires in the future to use the Property for residential or other such purposes, such person shall seek amendment of this Environmental Covenant in accordance with Paragraph 11 of the Environmental Covenant; C) The Property shall not be used, developed or operated in any manner that will impair, degrade, or compromise the Impacted Areas; D) Soils located on the Property shall not be excavated without prior written approval from the USEPA and NDEQ, except for 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 or tree removal, and excavations associated with Landfill Gas Collection & Control System maintenance and repairs; E) Any excavations on the Property shall be conducted in accordance with worker protection and soil disposal requirements as may be required by applicable laws and regulations; F) Domestic, irrigation and other wells of any type shall not be installed or maintained on the Property, except with the prior written approval of USEPA and NDEQ in each instance.

A) The Property shall not be used for purposes other than commercial, industrial, utilities conveyance, or public highway uses; B) Childcare facilities shall be prohibited, and the Property must not be used for residential, recreational, agricultural, or other such use. If any person desires in the future to use the Property for residential or other such purposes, such person shall seek amendment of this Environmental Covenant in accordance with Paragraph 11 of the Environmental Covenant. C) The Property shall not be used, developed or operated in any manner that will impair, degrade, or compromise the groundwater monitoring wells or the shallow groundwater; D) Soils located on the Property shall not be excavated to a depth that exposes the uppermost aquifer without prior written approval from USEPA and NDEQ; and E) Domestic, irrigation, and other wells of any type shall not be installed or maintained on the Property, except with the prior written approval of USEPA and NDEQ in each instance.