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9 <br /> moving or disturbing the soils and r sediments in or on the <br /> Property. <br /> 4.03. Prohibited Activities. The following activities shall not be conducted at the <br /> Property: <br /> (a) Extraction of shallow groundwater f r purposes other than site <br /> remediation or construction dewatering. <br /> 4.04. Non-Interference with Groundwater Remediation System (GRS Covenantor <br /> agrees: <br /> (a) All uses and development of the Property shall preserve the integrity <br /> and physical accessibility of any G -S, which may be required by San <br /> Joaquin County Environmental Hea th Division or the Regional Water <br /> Quality Control Board. <br /> 4.05. Access for Department. The Department shall have reasonable right of entry <br /> and access to the Property for inspection, monitc ring, 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 /> ARTICLE <br /> ENFORCEMENT <br /> 5.01 . Enforcement. Failure of the Covenantor, Owner, or Occupant to comply with <br /> any of the Restrictions specifically applicable to it shall be grounds for the Department to <br /> require that the Covenantor or Owner mdify or remove any improvements <br /> ("Improvements" herein shall mean all buildings, roads, driveways, and paved parking <br /> areas), constructed or placed upon any portion of the Property in violation of the <br /> Restrictions. Violation of this Covenant shall be rounds for the Department to file civil or <br /> criminal actions as provided by law. <br /> ARTICLE VI <br /> VARIANCE TERMINATI N AND TERM <br /> 6.01. Variance. Covenantor, or any oth r aggrieved person, may apply to the <br /> Department for a written variance from the provisions of this Covenant. Such application <br /> shall be made in accordance with H&SC section 25233. <br /> 6.02 Termination. Coveriantor, or any o her aggrieved person, may apply to the <br /> Department for a termination of the Restrictions or other terms of this Covenant as they <br /> 5 <br />