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Home My WebLink About09049_Leary Brothers_LURUModel_2009_11_24 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Leary Brothers 101 Virginia Road Project #: County: 09049-05-21 Chowan 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 retail, office and, with the Department of Environmental Quality (“DEQ”) prior written approval, other commercial uses, or a mixture of the foregoing uses. For purposes of this restriction, the following definitions apply: a.“Retail” refers to the sale of goods, products or merchandise directly to the consumer. b.“Office” refers to the conduct or rendering of business or professional services. c.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Leary Brothers (09049-05-21 ) LUR Update LUR 2:No structure depicted on the plat component of the Notice for Brownfields Property (“Notice”) may be demolished unless and until a plan, prepared by a professional engineer or geologist licensed in North Carolina for the collection and analysis of soil samples from beneath the structure, is approved in writing by DEQ. The owner of the affected portion of the Brownfields Property shall be responsible for soil sampling and analysis, within two days after demolition and in accordance with the approved plan, by an environmental professional approved in writing in advance by DEQ, and for submittal to DEQ, by a deadline acceptable to DEQ, of a report of the sampling procedures and results that meets with DEQ’s written satisfaction. 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 above in Land Use Restriction 1 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. Moreover, unless compliance with this requirement is waived in writing by DEQ in advance, the owner of any portion of the Brownfields Property where any building depicted on the plat component of the Notice is demolished shall be responsible for submittal to DEQ, within 30 days after demolition, of documentation sufficient to demonstrate, to DEQ’s written satisfaction, that such demolition was conducted in accordance with applicable legal requirements, including without limitation those administered by the Lead and Asbestos Abatement Program of DEQ’s Division of Public Health. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Leary Brothers (09049-05-21 ) LUR Update LUR 3:No activities that encounter, expose, remove or use groundwater or surface water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools) may occur on the Brownfields Property without prior sampling and analysis of groundwater or surface water 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. Any groundwater exposed during construction or excavation activities shall be contained on the Brownfields Property until it is properly characterized for disposal purposes by an environmental professional approved in writing in advance by DEQ, then disposed of in accordance with applicable law. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4: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 5: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 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A and B of the Notice, may be used or 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: ______________________________________________________________ Leary Brothers (09049-05-21 ) LUR Update LUR 7: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 8:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Brownfields Property may not be used as a playground, or for child care centers or schools In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The owner of any portion of the Brownfields Property where any existing or later DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Leary Brothers (09049-05-21 ) LUR Update LUR 12:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized st Land Use Restrictions Update (“LURU”) to DEQ certifying that, as of said January 1, the Notice remains recorded at the Chowan County Register of Deeds office and the land use restrictions are being complied with, and stating: a.the address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. Insert Information: ______________________________________________________________ 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. Insert information: ______________________________________________________________ For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official referenced in paragraph 34.a. of the Brownfields Agreement, at the address stated therein. 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 County Register \[Enter County\] 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 CHOWAN 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: ______________________. Leary Brothers (09049-05-21 ) LUR Update Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________