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Home My WebLink About12021_Carolina Cove Apt_LURUModel_2009_12_11 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Carolina Cove Apartments 111 Lakeview Terrace Drive Project #: County: 12021-08-74 Pitt 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 high-density residential, office and related parking purposes. Within the meaning of this restriction, the following definitions apply: a.“High-density residential” refers to structures used as multi-unit human dwellings, such as duplexes, triplexes, quadriplexes, condominia, town homes and apartments, in which units are attached to each other with common walls and any associated property outside the structure(s) may be used, but is not owned, by particular inhabitants. b.“Office” refers to the rendering of business or professional services. c.“Parking” refers to the temporary accommodation of motor vehicles in an area designed and designated for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Carolina Cove Apartments (12021-08-74) LUR Update LUR 2:No activities that remove, use or may encounter groundwater or surface water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that may encounter water) may occur at the Brownfields Property without prior sampling and analysis of the subject water to the written satisfaction of the Department of Environmental Quality (“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 3:Soil anywhere on the Brownfields Property exhibiting any stain or odor may not be disturbed without prior sampling and analysis, to DEQ's written satisfaction, of soil proposed to be disturbed. If analysis discloses contamination that DEQ determines renders the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1 above, the soil may only be disturbed in conformance with procedures approved in writing in advance by DEQ to protect public health and the environment. DEQ may require that soil disturbed or exposed be treated, removed and disposed of in accordance with applicable law, or capped with an impervious or hard pervious surface, as DEQ determines is necessary to render the Brownfields Property suitable for the uses specified in Land Use Restriction 1 above. If DEQ determines that treatment is necessary, it shall be conducted to DEQ’s written satisfaction in conformance with procedures approved in writing in advance by DEQ. If DEQ determines that soil removal and disposal are necessary, information satisfactory to DEQ regarding the transportation and disposition of such soil shall be supplied in writing to DEQ within seven (7) days following removal. If DEQ determines that capping the soil is necessary, the cap shall be installed to DEQ’s written satisfaction and maintained to DEQ’s satisfaction. For purposes of this land use restriction, the following definitions apply: a.“Impervious surface” means any structure or groundcover consisting of asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other natural or man-made material that prevents the absorption of surface water into the soil. b.“Hard pervious surface” means any structure or groundcover that allows absorption of surface water into the soil, but has a hard surface formed or cast in place that protects land users from exposure to any contaminants in the soil. Pervious concrete and pervious tennis court materials are examples. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Carolina Cove Apartments (12021-08-74) LUR Update 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 of Brownfields Property (“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: ______________________________________________________________ LUR 7:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Brownfields Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Carolina Cove Apartments (12021-08-74) LUR Update LUR 9:The owner of any portion of the Brownfields Property where any existing or subsequently installed 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 10: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 11:With the exception of unenclosed buildings (for example, an open parking garage), no building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to volatile contaminant plumes, as reflected in the most recent sampling results reasonably available to DEQ. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within 100 feet of any such plume, it may not be constructed until Prospective Developer: a.installs a vapor barrier system and/or mechanical or passive vapor mitigation system based on the sampling results referenced above and approved in writing by DEQ in advance, within 30 days following which 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; or b.prepares an assessment of the risk posed by soil gas to potential users of the building that demonstrates to DEQ’s written satisfaction that neither a vapor barrier nor mitigation system is required. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Carolina Cove Apartments (12021-08-74) 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 Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental st officials of Pitt County, certifying that, as of said January 1, the Notice containing these Land Use Restrictions remains recorded at the Pitt County Register of Deeds office and that 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. 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: ______________________________________________________________ c.whether any impervious and/or hard pervious surfaces installed pursuant to Land Use Restriction 3 above are being maintained such that they contain no breaches. 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 PITT 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: ______________________. Carolina Cove Apartments (12021-08-74) LUR Update Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________