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DRAFT <br />financial surety that is subject to City approval that ensures that the entire <br />property is remediated to the required standards within a specific timeline <br />as determined by the MPCA and the City. The PUD Master Plan shall not <br />be approved until approval of the environmental remediation plan by the <br />applicable regulatory agencies. <br /> <br />B. Environmental remediation of the TCAAP property in a timely manner <br />is a top priority to the community to ensure that the health, safety, and <br />welfare of current and future residents are protected. The PUD Master <br />Plan shall include a detailed timeline and action steps to complete the <br />Response Action Plan. A PUD Master Plan that selectively uses <br />uncontaminated areas and ignores contaminated property shall not be <br />approved. Failure to comply with the Response Action Plan and <br />associated remediation timeline may result in revocation of the PUD <br />Master Plan and subsequent PUD Final Plans as determined by the City <br />Council. <br /> <br />C. No activity or operation shall be established or maintained that by <br />reason of its nature or manner of operation will cause the emission of <br />noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in <br />such concentrations as to be detrimental to or endanger the public health, <br />welfare, comfort or safety, or cause injury to property or business. <br /> <br />D. The PUD Master Plan shall comply with all Rice Creek Watershed <br />District (RCWD) requirements. Final PUD reviews shall not be exempt <br />from changes to RCWD regulations. <br /> <br />E. The United States Army operates a network of wells, underground <br />pipes, and a treatment plant to remediate the groundwater contamination. <br />This groundwater treatment must be able to continue along side any <br />redevelopment. Any proposed changes to the monitoring wells and/or <br />groundwater treatment infrastructure shall be subject to approval by the <br />EPA, MPCA, and the United States Army. <br /> <br />F. The applicant shall enroll in the MPCA’s Voluntary Investigation and <br />Cleanup (VIC) program and the MPCA’s Petroleum Brownfields Program <br />(PBR). A Response Action Plan (RAP) that is approved by the MPCA <br />shall be submitted prior to the City issuing any building permits or <br />approving any subdivisions. The applicant shall provide a Certificate of <br />Completion from the VIC program and Development Completion letter <br />from the PBR prior to the issuance of the Certificate of Occupancy by the <br />City for each stage of development or building as deemed appropriate by <br />the City and MPCA. <br /> <br />G. The developer shall comply with any federal and state land use <br />restriction for the site. <br />DRAFT: 6/3/2010 <br />Page 45 of 50