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t � <br /> Preliminary Site Assessment Work Plan by Advanced GeoEnvironmental (renamed later to <br /> AdvancedGeo, Inc. (AGI) dated July 30, 2018,which established Clean Up Goals for the Remedial <br /> Action Agreement,was approved by the EHD via email on August 13,2018. <br /> Additional over-excavations at two locations where used oil filters were stored were conducted <br /> on August 14,2018, and soil samples were obtained during this event, and subsequent sampling on <br /> August 31, 2018, and November 1 to determine the extent of the contamination. A Revised Site <br /> Assessment Report dated November 13, 2018 by AGI was submitted. The Department requested <br /> further investigation to determine the extent of the contamination. The business has since closed <br /> Additional soil samples were collected on December 11,2018 and January 17,2019. <br /> Addendum to Revised Site Assessment Report dated September 15, 2020 by AGI was submitted, <br /> which concludes the Clean Up Goals to have been met and recommends no further action to assess <br /> the contamination is required. <br /> C. Exposure Pathways. The contaminants addressed in this Covenant are present in the <br /> subsurface soil and groundwater on the Burdened Property. Exposure to these contaminants could <br /> take place via in-place contact resulting in dermal contact,inhalation or ingestion by humans. <br /> However,ingestion and dermal contact is unlikely because ground water is roughly fifteen feet <br /> below ground surface and the groundwater is not used for human consumption. Another exposure <br /> pathway is through the volatilization of chemicals in groundwater or subsurface soil to indoor and <br /> outdoor air if the groundwater is pumped out or the subsurface soil is excavated and exposed. The <br /> potential for exposure to workers and the public is substantially lessened if the groundwater is not <br /> pumped out and the subsurface soil not disturbed. <br /> D. Land Uses and Population Potentially Affected. The Burdened Property currently consists of <br /> an gun range with adjacent parking and landscape area. The building consists of separate units for <br /> commercial office space. The Burdened Property is in urban city zoning and adjacent to properties <br /> having industrial and commercial land uses. <br /> E. Full and voluntary disclosure to the Department of the presence of hazardous materials on <br /> the Burdened Property has been made and extensive sampling of the Burdened Property has been <br /> conducted. <br /> F. Covenantor desires and intends that in order to benefit the Department, and to protect the <br /> present and future public health and safety,the Burdened Property shall be used in such a manner as <br /> to avoid potential harm to persons or property that may result from hazardous materials that may <br /> have been deposited on portions of the Burdened Property. <br /> ARTICLE I <br /> GENERAL PROVISIONS <br /> 1.1 Provisions to Run with the Land. This Covenant sets forth protective provisions, covenants, <br /> conditions and restrictions (collectively referred to as "Restrictions") upon and subject to which the <br /> Burdened Property and every portion thereof shall be improved, held,used, occupied,leased, sold, <br /> hypothecated, encumbered, and/or conveyed. The restrictions set forth in Article III are reasonably <br /> necessary to protect present and future human health and safety or the environment as a result of <br />