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Home My WebLink About07027_Abbott Labs_LURUModel_2010_11_08 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Abbott Laboratories 16900 Hwy 401 Bypass Project #: County: 07027-03-083 Scotland 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Brownfields Property other than for Industrial use, including Heavy and Light Manufacturing use. Moreover, those uses may only occur in compliance with the other Land Use Restrictions below. For purposes of this restriction, the following definitions apply: a.“Industrial” refers to manufacturing, construction, transportation, utilities, wholesaling and warehousing. b.“Heavy Manufacturing” refers to the assembly, fabrication or processing of goods and materials using processes that, while legally compliant, ordinarily have greater than average impacts on the environment, or have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards, or that do not constitute light manufacturing; or any use where the area occupied by outdoor storage of goods and material used in the assembly, fabrication or processing exceeds 25 percent of the floor area of all buildings on the property. c.“Light Manufacturing” refers to a use which involves the assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or property where such assembly, fabrication or processing takes place, where such processes are housed entirely within a building, and where the area occupied by the outdoor storage of goods and material used in such processes does not exceed twenty-five (25) percent of the floor area of all the buildings on the property. No process water or wastewater may be generated at a light manufacturing facility. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Abbott Laboratories (07027-03-83) LUR Update LUR 2:Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property without prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ imposes, including at a minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Soil within fifty (50) feet of the sample locations listed in subparagraph 8.b. of the Brownfields Agreement (“Agreement”) and under the footprint of the main manufacturing building and designated “Areas of Possible Soil Contamination,” on the plat component of the Notice of Brownfields Property (“Notice”) referenced in paragraph 21 of the Agreement, may not be disturbed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in the Agreement while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, or likely pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law or capped to the written satisfaction of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Abbott Laboratories (07027-03-83) LUR Update LUR 5:No building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the footprint of the building would fall within one hundred (100) feet of said plume, it may not be constructed without a vapor barrier system and/or mechanical or passive vapor barrier mitigation system, or other vapor mitigation system approved in writing in advance by DEQ. Within thirty (30) days following installation of the vapor mitigation system, DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it. With DEQ’s prior written approval, additional investigation activities including, without limitation, soil gas samples, performed to DEQ’s written satisfaction, may be conducted, and installation of a mitigation system possibly excused, so long as the proponent makes an advance written commitment to install a mitigation system if DEQ so requires based on review of a report DEQ deems adequate of the investigation activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:Landscaping and contours at the Brownfields Property may not be disturbed without the prior written approval of DEQ, except for mowing and pruning of above-ground vegetation or replacement of plants at their previous locations. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in paragraph 8 of the Agreement, may be used or Abbott Laboratories (07027-03-83) LUR Update stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Brownfields Property may not be used as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The Brownfields Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13:The Brownfields Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 14:If and when any DEQ-approved monitoring well at the Property is damaged, the owner of the portion of the Brownfields Property containing the well shall be responsible for the well’s repair to DEQ’s written satisfaction within a time period acceptable to DEQ. In compliance Out of compliance ☐☐ Abbott Laboratories (07027-03-83) LUR Update Remarks: ______________________________________________________________ LUR 15:No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 16:During January of each year after the year in which the Notice referenced in paragraph 21 of the Agreement is recorded, the owner of any part of the Brownfields Property as st of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to st DEQ certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Scotland County Register of Deeds office and the land use restrictions are being complied with, and stating: a.the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ b.the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Abbott Laboratories (07027-03-83) LUR Update Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Scotland 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: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA SCOTLAND 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: _________________