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(3) A public or private school for persons under 18 years of age. (4) A day care center for children. (5) Construction of other buildings that are not listed in subsections (1) through (4), above, in the Consolidated Glass Waste Areas depicted in Exhibit A3. without the prior written approval of the Regional Water Board and prior to any construction addressing potential health risks that may be posed through construction disturbance of contaminated soils or groundwater by either (a) designing and constructing structures within the area defined in a manner that would mitigate unacceptable risk under applicable law; or (b) evaluating the potential risk prior to the erection of any structure in the same area, and including mitigation, as necessary, in the design/construction of the structure prior to occupancy if an unacceptable risk is posed. The Owner will coordinate any and all evaluation and potential mitigation measures required with the Regional Water Board. Nothing in this paragraph should be construed as requiring any action beyond what is required by applicable law. (6) Any groundwater development or use of the Property that causes alteration of groundwater conditions within the property through activities such as construction of any well; extraction, use, or consumption of groundwater from wells within the boundary of the Property. (7) The Building Floor Slab and the Loading Dock in the Consolidated Glass Waste Areas on the Property shown on Exhibit A3 shall not be damaged, compromised, or removed without Regional Water Board approval. (8) Any use of the Property that would cause disturbance of, or limit access to, any equipment or systems associated with groundwater and/or soil gas monitoring or -' remediation. 4.02 Soil Management. The following restrictions apply to soils on the Property: (1) No activities that will disturb the soil (e.g., digging, excavation, grading, removal, trenching, filling, earth movement or mining), shall be allowed within the Glass Waste Consolidation Areas shown in Exhibit A3 without prior written approval from the Regional Water Board. A soils management plan shall first be prepared for Regional Water Board review and concurrence before conducting any intrusive activities in the Glass Waste Consolidation Areas shown in Exhibit A3. (2) Any soils brought to the surface from the Glass Waste Consolidation Areas shown in Exhibit A3 by digging, grading, excavation, trenching or backfihling shall be managed in accordance with all applicable provisions of state and federal law, and in accordance with the soil management plan required in 4.02(1), above. 4.03 Access for the Regional Water Board. The Regional Water Board shall have reasonable right of entry and access to the Property defined for inspection, monitoring, and other activities consistent with the purposes of this Covenant as deemed necessary by the Regional Water Board to protect the public health or safety or the environment, including access to all soil gas and/or groundwater monitoring wells, until such time as those wells are abandoned. Such access shall be during normal business hours and shall not unduly disrupt ongoing operations