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Home My WebLink About16058_General Marble_LURUModel_2016_04_25 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: General Marble 350 North Generals Blvd. Project #: County: 16058-12-055 Lincoln 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 Property other than for industrial uses, associated offices, warehousing and distribution, retail, parking, and other commercial uses with prior written Department of Environmental Quality (“DEQ”) approval. For purposes of this restriction, the following definitions apply: a.''Industrial '' refers to the assembly, fabrication or processing of goods and materials in ways that may have greater than average, though legally compliant, impacts on the environment or on the use and enjoyment of nearby property because of noise, smoke, fumes, odors, glare, or health and safety hazards; and that may involve outdoor storage of material used in the assembly, fabrication or processing. b.''Office'' refers to the provision of business or professional services. c.''Warehousing and distribution'' refers to the storage and distribution of raw materials, goods, products and merchandise and dock space for loading and shipment to vendors. d.''Retail'' refers to the sale of goods, products, or merchandise directly to the consumer. e.''Parking'' refers to any area designed and designated for temporary accommodation for motor vehicles whether for a fee or as a service. f.''Commercial'' refers to an enterprise carried on for profit by the owner, lessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ General Marble (#16058-12-055) LUR 2:Unless compliance with this LUR is waived in writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the 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 reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Within 30 days following recordation of the Notice of Brownfields Property (“Notice”) referenced in paragraph 19 of the Brownfields Agreement (“Agreement”), the then owner of the Property shall submit to DEQ a written plan for monitoring groundwater at the Property through sampling and analysis. The plan shall not be considered satisfactory unless and until DEQ states as much in writing. a.The plan shall require: i.installation and/or designation of a minimum of three (3) monitoring wells to be sampled pursuant to the plan; ii.sampling of the designated wells for volatile organic compounds at least once each year during the same thirty-day period; iii.analysis of the samples by the most current version of U.S. Environmental Protection Agency Method 8260; iv.provision of the sampling analyses to DEQ in writing within 30 days after sampling; and v.replacement of any of the designated wells if DEQ determines it warranted in writing due to redevelopment activities. b.When the plan requires sampling, analysis, reporting or replacement of a well installed pursuant to the plan, the then owner of the affected portion(s) of the Property shall be responsible for compliance. The plan shall be available from DEQ and may be amended with DEQ's prior written approval. The required monitoring shall continue until sa1npling pursuant to the plan shows the concentrations of any and all volatile organic compounds present in excess of the standards set forth in the most current version of Title l5A of the North Carolina Administrative Code, Subchapter 2L, Rule .0202 (April 1, 2013 version), are stable, declining or undetected for a minimum of two (2) consecutive years. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ General Marble (#16058-12-055) LUR 4:No building may be constructed on the Property and no existing building, defined as those depicted on the plat component of the Notice referenced in paragraph 19 of the Agreement, may be occupied until: a.DEQ determines in writing, based on submittals from the building's proponent including pre-occupancy indoor air sampling results as outlined in LUR 5 below, that the building's users, and public health and the environment, would not be at risk from the Property’s volatile contaminant plume; or b.vapor mitigation measures are installed or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal on a report that includes photographs and a description of the installation and performance of said measures. All vapor mitigation measures shall be installed or implemented in accordance with a plan approved in writing by DEQ in advance, including methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Within 30 days following recordation of the Notice referenced in paragraph 19 of the Agreement, the then owner of the Property shall submit to DEQ a written plan for conducting indoor air sampling in the locations identified in Exhibit 2 of the Agreement with prior concentrations of tetrachloroethylene above the DEQ Non-Residential Indoor Air Screening Levels. The plan shall include pre-occupancy sampling, a minimum of one additional sampling conducted six months thereafter, and provision of the results to DEQ within 30 days of sampling. If concentrations are detected that DEQ determines would pose an unacceptable risk for the uses specified in LUR 1 above, additional sampling or mitigation measures shall be implemented to DEQ's written satisfaction, in accordance with a written plan submitted for DEQ approval. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6: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 1 above while fully protecting public health and the environment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ General Marble (#16058-12-055) LUR 7:Soil in the area designated ''Area of Possible Soil Contamination'' on the plat component of the Notice, may not be disturbed unless and until DEQ approves in writing a plan with a schedule, and its implementation, that requires: a.capping or paving (with asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other impervious material approved in writing in advance by DEQ), remediation and/or removal of sufficient soil to satisfy DEQ that the Property is suitable for the uses specified in LUR 1 above and that public health and the environment are fully protected despite any remaining soil contamination, as determined by sampling of each excavation's side walls and bottom; and b.a written report regarding implementation of the plan, submitted no later than 30 days following implementation completion, and correction of any deficiencies DEQ identifies in the report or in implementation of the plan within 30 days after DEQ provides written notice of any deficiencies. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:None of the contaminants known to be present in the environmental media at the Property, including those appearing in Exhibit 2 of the Agreement, may be used or stored at the 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 9:The Property may not be used as a playground without DEQ's prior written approval, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ General Marble (#16058-12-055) LUR 10:The owner of any portion of the 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, unless compliance with this LUR is waived in writing by DEQ in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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: ______________________________________________________________ LUR 12:During January of each year after the year in which the Notice is recorded, the st owner of any part of the 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 officials st of Lincoln County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Lincoln 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 email address of the owner submitting the LURU if said owner acquired any part of the Property during the previous calendar year; and ______________________________________________________________ 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 Property during the previous calendar year. ______________________________________________________________ c.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 4 above, are performing as designed, and whether the uses of the ground floors of any building containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ In compliance Out of compliance ☐☐ General Marble (#16058-12-055) Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Lincoln 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: _________________