22082_Washington MGP_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year Certification Made:2021Project:
Project Number:
Address:County:Property Owner (In part or whole) /Association:
Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation,
sign, notarize and submit to the following address or email:
NC Division of Waste Management
Attn: Brownfields Property Management Unit
1646 Mail Service Center
Raleigh, NC  27699-1646
[e-mail]
No use may be made of the Brownfields Property other than for institutional, office, public facility, parking, high-density residential, and subject to the Department of Environmental
Quality’s (“DEQ”) prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply:
Institutional is defined as the use of land, buildings or structures for public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary education facilities,
religious facilities, or health care facilities.
Office is defined as a place where business or professional services are provided.
Public facility is defined as government run uses such as libraries, fire stations, police stations, public works yards, postal distribution centers, and governmental offices.
Parking is defined as the temporary accommodation of motor vehicles in an area designed for same.
High-Density Residential is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories
or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards
are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes are prohibited; townhomes,
duplexes or other units with yards are prohibited unless approved in writing by DEQ in advance.
Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
In compliance Out of compliance
Remarks:
The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ.
In compliance Out of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ
in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment
activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property
during construction or redevelopment in any other form, including without limitation:
demolition of existing buildings, if applicable;
issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in Exhibit 2 of the Agreement;
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property
during redevelopment.
In compliance Out of compliance
Remarks:
During January of each year after the year in which the Notice referenced in paragraph 17 of the Agreement is recorded, as part of the Land Use Restriction Update as described in LUR
14 below for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings,
that describes:
actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to
be contaminated with regulated substances; and
removal of any contaminated soil, water, or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests
shall be included).
In compliance Out of compliance
Remarks:
If any remedial obligations under DEQ’s oversight are discontinued prior to completion to the satisfaction of DEQ, DEQ may require the then owner of the Brownfields Property to assess
the risk remaining to public health and the environment at or from the Brownfields Property. DEQ may also impose upon the then owner of the Brownfields Property additional land use restrictions
or require the Brownfields Property owner to conduct additional actions as necessary to prevent or mitigate unacceptable risks imposed by said discontinued remedial obligations in order
to achieve the goals of this brownfields agreement as set forth in NCGS §130A-310.32(2) to the written satisfaction of DEQ.
In compliance Out of compliance
Remarks:

Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields
Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity
on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in LUR 3, or a plan approved in writing in advance by DEQ.
In compliance Out of compliance
Remarks:
No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the
environment, except:
in connection with landscape planting to depths not exceeding 24 inches;
mowing and pruning of above-ground vegetation;
for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and
in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in LUR 3
In compliance Out of compliance
Remarks:
Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved EMP as outlined in LUR 3.
In compliance Out of compliance
Remarks:
No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced
in paragraph 17 of the Agreement, may be occupied until DEQ determines in writing that: 
the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved
in writing by DEQ; or 
a vapor intrusion mitigation system (VIMS) has been: 
designed to mitigate the intrusion of subsurface vapors into  building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology
& Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that a professional
engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, is satisfied that the design is fully protective of public health, and shall include a performance
monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and  
installed and an installation report is submitted for written DEQ approval that includes as-built diagrams, photographs, and a description of the installation, with said engineer’s professional
seal confirming that the engineer is satisfied that the system was installed per the DEQ approved design.  If any deviations from the system design were necessary during installation,
then the report shall include details on said deviations, as well as the engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully protective
of public health. 
In compliance Out of compliance
Remarks:
Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered
into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize
interference with authorized uses of the Brownfields Property.
In compliance Out of compliance
Remarks:
Within 60 days after the effective date of the Agreement or prior to land disturbance activities, whichever occurs first, Prospective Developer shall abandon all monitoring wells, injection
wells, recovery wells, piezometers and other manmade points of groundwater access at the Brownfields Property, except those wells required by the Manufactured Gas Plant Program of the
Federal Remediation Branch of DEQ’s Superfund Section and as identified in the Remedial Action Plan (Silar Services, Inc., March 2007), in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ.  Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting
forth the procedures and results. 
In compliance Out of compliance
Remarks:
Except for the work related to LUR 11 above, the owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged
by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance
with this LUR is waived in writing by DEQ in advance.
In compliance Out of compliance
Remarks:
Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Beaufort County land records, Book 2083, Page 823.” A copy of any such instrument shall be sent to the persons listed
in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply
with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph:
(i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in
lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases,
rather than full copies of said leases, to the persons listed in Section XVII.
In compliance Out of compliance
Remarks:

None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of the Agreement, and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval
of DEQ, except:
in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; and
as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators.
In compliance Out of compliance
Remarks:
During January of each year after the year in which the Notice referenced in paragraph 17 of the Agreement is recorded, the owner of any part of the Brownfields Property as of January
1stof that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Beaufort County, certifying that,
as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Beaufort County Register of Deeds office and that the land use
restrictions are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The
submitted LURU shall state the following:
the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting
the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year; and
the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted, transferred
any part of the Brownfields Property during the previous calendar year.
In compliance Out of compliance
Remarks: Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at the County Register of Deeds offices
and that the LURs are being complied with.
This LUR Update is certified by , the owner of at least part of the Brownfields Property, or if appropriate another entity on behalf of some or all owners, on this day of , 20.
Name typed or printed of party making certification: [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]By:__________________________
(signature)
Name typed or printed:
Title typed or printed:
COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: . Date: ___________________________________Official Signature of NotaryNotary’s printed or typed name, Notary Public(Official Seal)My
commission expires: