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HomeMy WebLinkAbout01003_Carolina Production Finishing_LURUModel_2016_08_01 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Carolina Production Finishing 105 Fairview Road Project #: County: 01003-97-011 Buncombe Property Owner (In part or whole): 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: NC Division of Waste Management Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1: Groundwater shall not be used on the Brownfields Property for any purpose, either for human consumption or ornamental use such as fountains or ponds. Other than monitoring wells on the Brownfields Property for further study of groundwater, no wells shall be installed on the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2: Property use shall be restricted to warehousing, office and light industrial use. The Brownfields Property shall not be used for residential purposes, recreation purposes such as playgrounds or ball fields, or as a child day care facility. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3: No basements will be constructed on the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4: The capped former wastewater pretreatment pit area (“Pit Area”) near the southeast corner of the main building (now backfilled and capped), formerly evidencing chromium Carolina Production Finishing (#01003-97-011) LUR Update and cyanide, shall not be excavated, except in conformity with 7.b.v of the Brownfields Agreement. Regular inspections will be conducted of this cap area by any owner of the Brownfields Property, (pursuant to N.C.G.S § 130A-310.35(f), and any breaks or cracks in the concrete cap will be repaired by the owner of the Brownfields Property. The owner of the Property shall maintain the existing approximately 25,000 square foot - brick structure in good repair. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5: In the event of any excavation in the following areas, the owner of the Brownfields Property shall, per US EPA Standard Operating Procedures (SOP), sample excavated soil and analyze it for total and TCLP metals, and volatile organic compounds:  Pit Area  Underneath the existing building (e.g., if it is demolished), and  Area B-3 at 10’ depth or Area B-5 at 5’ depth. The owner of the Brownfields Property shall provide notice of the excavation and analytical results to the Department of Environmental Quality (“DEQ”). The owner of the Brownfields Property shall comply with applicable laws regarding sampling and disposal of excavated soil and prevention of exposure of workers to contaminated soil. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6: Within seven (7) days of each anniversary of the effective date of the Agreement, the owner of each portion of the Property shall submit a notarized Land Use Restrictions Update to DEQ certifying that the Notice of Brownfields Property remains recorded at the Buncombe County Register of Deeds’ Office, and that the land use restrictions herein are being complied with. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Buncombe County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by _____________, owner of at least part of the Brownfields Property on this ___day of _________, 20__. Name typed or printed of party making certification: __________________ Carolina Production Finishing (#01003-97-011) LUR Update \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA __________ 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 Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________