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Home My WebLink About18034_RP Scherer_LURUModel_2015_08_27NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: R P Scherer Project #: 18034-14-090 Address: 2021 E. Roosevelt Boulevard County: Union 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 No use may be made of the Property other than light manufacturing as defined in LUR l(a) below, including the manufacture of in-ground steel pool systems and pool products, fence products, solar-powered boats, and other goods and materials if pre-approved by the Department of Environmental Quality (“DEQ”), warehousing, and associated office and parking uses. Residential and those uses in which members of sensitive populations, such as children, the infirm or the elderly frequent are prohibited, unless preapproved by DEQ and only if commensurate with any stipulations DEQ so states in writing for such use. This prohibition includes but is not limited to, schools, day care centers, health care facilities, and senior citizen facilities. For purposes of this restriction, the following definitions apply: “Light Manufacturing” refers to the assembly, fabrication or processing of goods and materials entirely within a building, using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the building, and involving outdoor storage of non-hazardous goods and material used in such assembly, fabrication or processing. No process water or process wastewater may be generated at a light manufacturing facility. “Warehousing and distribution” use refers to the storage and redistribution of manufactured products for sale; “Office” refers to a use or structure where business or professional services are conducted or rendered; and “Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) prepared for each phase of redevelopment and as 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 Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Property during construction or redevelopment in any other form, including without limitation: soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; issues related to potential sources of contamination referenced in paragraph 7 of Exhibit A, attached hereto; and contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields), and that which may have resulted from the former use of the process wastewater treatment area. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 90 days after each one-year anniversary of the effective date of the Agreement attached hereto as Exhibit A, for as long as each phase of physical redevelopment of the Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment of each phase separately), the then owner of the 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 in accordance with the plan required by LUR No. 2 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 Property (copies of all legally required manifests shall be included). This includes, to the extent received from the responsible party(ies ), information on such removals conducted by the responsible party(ies ). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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 Property 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 Property will be suitable for the uses specified in LUR No. 1 above while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 90 days, or other schedule as approved by DEQ, after the property owner acquires knowledge that Catalent (or its corporate successor) wholly satisfied its remedial obligations as to groundwater at the Property to the satisfaction of Division of Waste Management Inactive Hazardous Sites Branch, DEQ shall be notified that all groundwater monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Property, or a subset of those aforementioned points of groundwater access at the Property that are no longer needed for monitoring purposes, are ready to be abandoned in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code. Unless DEQ notifies the Property owner within 10 days of receiving such notification to refrain from such abandonment, the Property owner shall, on a schedule acceptable to DEQ, affect said abandonment and, within 30 days after doing so, provide DEQ a report, subject to DEQ approval, setting forth the procedures and results. Monitoring wells in use at the Property shall be protected from damage during construction activities. If construction activities will compromise or damage any of the wells that are to be retained, construction activities in these areas will cease and the wells shall be properly abandoned in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, prior to continuing with construction activities in those areas, and if required by DEQ, replaced after construction activities are complete to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ If the remedial obligations described in LUR No. 5 above are discontinued prior to its completion to the satisfaction of the Division of Waste Management Inactive Hazardous Waste Site Branch, DEQ may require the Property owner to assess the risk remaining to public health and the environment at or from the Property. DEQ may also impose upon the Property owner additional land use restrictions or require the Property owner to conduct additional actions as necessary to prevent or abate unacceptable risks that result from said discontinued remedial obligations in order to achieve the goals of this brownfields agreement as set forth in N.C.G.S. §130A-310.32(2) to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ After conclusion of each of the separate redevelopment periods referenced in LUR No. 2 above, as determined by DEQ, no activity that disturbs soil on the 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 Property will be suitable for the uses specified in LUR No. 1 above while fully protecting public health and the environment except: in connection with de minimis soil removals to depths not exceeding 18 inches, mowing and pruning of above-ground vegetation; and, for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Property described on the plat component of the Notice of Brownfields Property referenced in paragraph 19 of the Brownfields Agreement (aka: Exhibit A) until: it is demonstrated to DEQ's written satisfaction through a site-specific risk assessment that the building is protective of the building's users, public health and the environment from risk of vapor intrusion; it is demonstrated, pursuant to a DEQ approved plan, and subject to DEQ's written approval, that the building would be or is sufficiently distant from the Property's groundwater and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or a plan for a vapor intrusion mitigation system, approved in writing by DEQ in advance and including a proposed performance assessment for demonstration of the system's protection of the building's users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of Exhibit A, may be used or stored at the Property, without the prior written approval of DEQ, except in de minimis amounts for routine housekeeping activities or in stored fuels for use in emergency generators in locations at which releases from these storage areas would be distinguishable with certainty from the subject contaminants from any known release at the property that predates this Agreement. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture or grazing. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ The owner of any portion of the Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the actions or omissions of such owner, or by its employees, contractors, tenants, or agents 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 Land Use Restriction is waived in writing by DEQ in advance. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ, nor any party conducting environmental assessment or remediation at the 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 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 Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice of Brownfields Property is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Union County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Union County Register of Deeds office and that the land use restrictions are being complied with, and stating: the name, mailing address, telephone and facsimile numbers, and contact person's email address of the owner submitting the LURU if said owner acquired any part of the Property during the previous calendar year. ______________________________________________________________ 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 Property during the previous calendar year. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR No. 8 above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ ☐ 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 Union 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 __________ 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: _________________