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Real Estate at which the COCs were detected in soil and groundwater above applicable <br />R2 published levels. <br />WHEREAS: The Department has not approved closure of environmental conditions on <br />the Real Estate under the Risk -based Closure Guide. However, the Department has <br />determined that the land use restrictions contained in this Covenant will enable the Real <br />Estate to be used safely for conditional residential and/or commercial use. <br />WHEREAS: Environmental reports and other documents related to the Real Estate are <br />hereby incorporated by reference and may be examined at the Public File Room of the <br />Department, which is located in the Indiana Government Center North at 100 N. Senate <br />Avenue, 12t" Floor East, Indianapolis, Indiana. The documents may also be viewed <br />electronically by searching the Department's Virtual File Cabinet on the Web at: <br />ittr)s://www.in.cov/idem/I I/public-records/virtual-file-cab inet/. <br />NOW THEREFORE, The Civil City of South Bend subjects the Real Estate to the following <br />restrictions and provisions, which shall be binding on the Civil City of South Bend and all <br />future owners: <br />I. RESTRICTIONS <br />1. Restrictions. The Owner and all future owners: <br />(a) Shall neither engage in nor allow drilling or excavation of soil on the Real <br />Estate without first submitting a work plan and/or a soil management plan for <br />approval by the Department at least sixty (60) days prior to beginning work. <br />Any removal, excavation or disturbance of soil from the Real Estate must be <br />conducted in accordance with a Department -approved work plan, including all <br />applicable requirements of IOSHA/OSHA. <br />i. Soil in any area on the Real Estate on which standalone single-family or <br />duplex residential housing will be constructed must be sampled down to 10 <br />feet below ground surface ("bgs"). Any soil determined through such <br />sampling to be contaminated above applicable R2 residential published <br />levels must be excavated, leaving only soil that meets R2 RSPLs in place. <br />ii. Shall restore soil disturbed as a result of excavation and construction <br />activities on the Real Estate in such a manner that any remaining <br />contaminant concentrations do not present a threat to human health or the <br />environment (as determined under the R2 using residential screening <br />levels). <br />iii. Any soil that is removed, excavated or disturbed on the Real Estate must <br />be managed and disposed of in accordance with all applicable federal and <br />state laws and regulations. <br />2 <br />