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    • 4.02.

      Soil Management.

      • (a)

        No activities that will disturb the subsurface soil, e.g., excavation, grading, removal, trenching, filling, earth movement, or mining shall be permitted on the Capped Property described in Exhibit B without a Soil Management Plan and a Health and Safety Plan approved by the Department .

      • (b)

        Any contaminated soils brought to the surface by grading, excavation, trenching, or backfilling shall be managed in accordance with all applicable provisions of state and federal law.

      • (c)

        The Owner shall provide written notice to the Department at least 14 days prior to any building, filling, grading, mining or excavating at the Capped Property.

    • 4.03.

      Prohibited Activities. The following activities are prohibited at the Property:

      • (a)

        No Raising of livestock, food crops, or fiber crops shall be permitted on the property.

      • (b)

        No groundwater shall be extracted on the Property for purposes other than site remediation or construction dewatering.

    • 4.04.

      Non-Interference with Cap

      • (a)

        No activities that will disturb the Cap (e.g., excavation, grading, removal, trenching, filling, earth movement, or mining) are permitted on the Capped Property without prior review and approval by the Department.

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