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movement, mining, or drilling) shall be allowed on the Property <br /> without a Soil Management Plan approved by the Department <br /> in advance. <br /> (b) Any contaminated soils brought to the surface by grading, <br /> excavation, trenching or backfilling shall be managed in <br /> accordance with all applicable provisions of state and federal <br /> law. <br /> 4.03. Access for Department. The Department shall have reasonable right of entry <br /> and access to the Property for inspection, monitoring, and other activities consistent with <br /> the purposes of this Covenant as deemed necessary by the Department in order to protect <br /> the public health or safety, or the environment. <br /> 4.04. Inspection and Reporting Requirements. The Owner shall conduct an annual <br /> inspection of the Property verifying compliance with this Covenant, and shall submit an <br /> annual inspection report to the Department for its approval by June 15`h of each year. The <br /> annual inspection report must include the dates, times, and names of those who conducted <br /> the inspection and reviewed the annual inspection report. It also shall describe how the <br /> observations were performed that were the basis for the statements and conclusions in the <br /> annual inspection report (e.g., drive by, fly over, walk in, etc.). If violations are noted, the <br /> annual inspection report must detail the steps taken to return to compliance. If the Owner <br /> identifies any violations of this Covenant during the annual inspections or at any other time, <br /> the Owner must within 10 days of identifying the violation: determine the identity of the <br /> party in violation, send a letter advising the party of the violation of the Covenant, and <br /> demand that the violation ceases immediately. Additionally, copies of any correspondence <br /> related to the violation of this Covenant shall be sent to the Department within 10 days of <br /> its original transmission. <br /> 4.05. Five-Year Review. In addition to the annual reviews noted above, after a <br /> period of five years from the recordation of the Covenant and every five (5) years <br /> thereafter, Owner shall review and reevaluate to determine if human health and the <br /> Page 6 <br />