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<br /> <br /> <br /> <br />Page 6 <br />4.3. Prohibited Activities. The following activities shall not be conducted on the <br />Restricted Area: <br />(a) Drilling for any water, oil, or gas without prior written approval by the <br />Department. <br />(b) Extraction or removal of groundwater without a Groundwater Management <br />Plan pre-approved by the Department in writing. <br />4.4. Access for Department. The Department shall have reasonable right of <br />entry and access to the Restricted Area for inspection, investigation, remediation, <br />monitoring, and other activities as deemed necessary by the Department in order to <br />protect human health or safety or the environment. <br />4.6. Inspection and Reporting Requirements. The Owner shall conduct an <br />annual inspection of the Restricted Area verifying compliance with this Covenant and <br />shall submit an annual inspection report to the Department for its approval by January <br />15th of each year. The annual inspection report must include the dates, times, and <br />names of those who conducted the inspection and reviewed the annual inspection <br />report. It also shall describe how the observations that were the basis for the <br />statements and conclusions in the annual inspection report were performed (e.g., drive <br />by, fly over, walk in, etc.). If any violation is noted, the annual inspection report must <br />detail the steps taken to correct the violation and return to compliance. If the Owner <br />identifies any violations of this Covenant during the annual inspection or at any other <br />time, the Owner must within 10 calendar days of identifying the violation: (a) determine <br />the identity of the party in violation; (b) send a letter advising the party of the violation of <br />the Covenant; and (c) demand that the violation cease immediately. Additionally, a <br />copy of any correspondence related to the violation of this Covenant shall be sent to the <br />Department within 10 calendar days of its original transmission. <br />ARTICLE V <br /> ENFORCEMENT <br /> 5.1. Enforcement. Failure of the Owner or Occupant to comply with this <br />Covenant shall be grounds for the Department to require modification or removal of any <br />Improvements constructed or placed upon any portion of the Restricted Area in violation <br />of this Covenant. Violation of this Covenant, such as failure to submit (including <br />EXHIBIT 12