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NOW, THEREFORE, the Department hereby approves this Restrictive Notice pursuant <br /> to § 25-15-321.5, C.R.S., and declares that the Site as described in Attachment A shall <br /> hereinafter be bound by, held, sold, and conveyed subject to the following requirements set forth <br /> in paragraphs 1(a) and 1(b),below, which shall run with the Site in perpetuity and be binding on <br /> all parties holding any right,title or interest in the Site, or any part thereof, and any persons using <br /> the land, as described herein. As used in this Restrictive Notice, the term OWNER means the <br /> then current record owner of the Site and, if any, any other person or entity otherwise legally <br /> authorized to make decisions regarding the transfer of the Site or placement of encumbrances on <br /> the Site, other than by the exercise of eminent domain. <br /> 1) Activity restrictions. <br /> a) Activities that may damage the stream armoring and erosion control features <br /> constructed and installed at the Site as part of the Work pursuant to the <br /> Settlement are prohibited, unless undertaken pursuant to a Department- <br /> approved materials management plan or authorized by DRMS. Such activities <br /> include, but are not limited to, grazing, digging, drilling,tilling, grading, <br /> excavation, construction of any sort, use as an athletic field, placing of any <br /> objects or structures on the cover, and vehicular traffic.Nothing in the <br /> preceding sentence shall prohibit the installation of any stream flow gage, or <br /> other monitoring, maintenance or remedial activities at the Site, including <br /> monitoring, maintenance or remedial activities that require minor excavation <br /> or the use of vehicles. <br /> b) OWNER shall,not less that once per year, conduct a visual inspection of the <br /> Site to insure the Work, including the stream armoring, erosion control <br /> features and improvements to existing roads, remains effective to prevent <br /> erosion of mine waste from a 100-year flood event. <br /> 2) Modifications. This Restrictive Notice runs with the land and is perpetual, unless <br /> modified or terminated pursuant to this paragraph. OWNER may request that the Department <br /> approve a modification or termination of the Restrictive Notice. The request shall contain <br /> information showing that the proposed modification or termination shall, if implemented, ensure <br /> protection of human health and the environment. The Department shall review any submitted <br /> information, and may request additional information. If the Department determines that the <br /> proposal to modify or terminate the Restrictive Notice will ensure protection of human health <br /> and the environment, it shall approve the proposal. No modification or termination of this <br /> Restrictive Notice shall be effective unless the Department has approved such modification or <br /> termination in writing. Information to support a request for modification or termination may <br /> include one or more of the following: <br /> a) a proposal to perform additional remedial work; <br /> b) new information regarding the risks posed by the residual contamination; <br /> c) information demonstrating that residual contamination has diminished; <br /> 2 <br />