03-26-07 Item7H, Resolutino 07-39 Wildlife Corridor Transfer

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will be accomplished by the Department of the Army and transferee or any sub-transferee in accordance with the MPCA and EP A guidance and regulations. The United States will issue the covenant required by Section l20(h)(3)(A)(ii) of CERCLA when the response actions set forth in the Response Action Agreement ("RAA") have been taken. 25. COVENANTS, CONDITIONS, AND RESTRICTIONS. In order to ensure protection of human health and the environment and to preclude any interference with ongoing or completed remediation activities at the Twin Cities Army Ammunition Plant, the property will be conveyed subject to the Covenants, Conditions, and Restrictions (CCRs) all as more fully set forth in the FOSET, the pending Covenant Deferral Request and the Response Action Agreement. 26. CERCLA ACCESS. Government reserves a right of access to all portions of the property for environmental investigation, remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Government. These rights shall be exercisable when a remedial action, response action or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, the United States of America, and its respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable advance written notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test-pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pnmping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with the record title owner and shall be performed in a manner that minimizes interruption of activities of authorized occupants, and shall not unreasonably interfere with the conduct of business on the Property, and shall repair any damage to the Property, including improvements thereon, resulting from such entry to the condition existing immediately before its entry thereon. 27. RESPONSE ACTION ASSURANCES. In accordance with the CERCLA S 120 (h)(3)(C)(ii), the Deed of conveyance shall contain assurances, all as more fully set forth in the FOST and the FOSET, the pending Covenant Deferral Request and Response Action Agreement that: (a) provide for any necessary restrictions on the use of the Property to ensure the protection of human health and the environment; (b) provide that there will be restrictions on use necessary to ensure that the required remedial investigations, response action, and oversight activities will not be disrupted~ (c) provide that all necessary response action will be taken and identifY the schedules for investigation and completion of all necessary response action as approved by the appropriate regulatory agency; 7