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HomeMy WebLinkAbout18041_RayChem Corp_LURU Model NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: RayChem Corp. 201 Dickens Road Project #: County: 18041-14-092 Wake 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 commercial uses including commercial/industrial park development offices, parking, warehouses, and light manufacturing without prior written permission of the Department of Environmental Quality (“DEQ”). For purposes of this restriction, the following definitions apply: a."Commercial" refers to a business enterprise carried on for profit by the owner, lessee or licensee; b.“Commercial/Industrial Park Development” refers to a form of development characterized by a unified site designed for a variety of commercial and industrial uses, open space, buffers, and a mix of building types in which flexibility is given to the project planning by allowing for the specific land uses to be determined as the market need arises; c.“Office” refers to use of land for wholesale, retail, entertainment or services, including those uses predominantly at street level on multi-functional structures, plus related contiguous accessory uses such as parking areas and service drives. The term does not include schools and child care facilities, but may include adult training and continuing education; d.“Parking” refers to the temporary accommodation of motor vehicles in an area designed for same; e."Warehouse" refers to a commercial building used for storage of goods. Warehouses are used by manufacturers, importers, exporters, wholesalers, transport businesses and/or customs operations. They may be large plain buildings in industrial areas of cities and towns and villages. They may have loading docks to load and unload goods from trucks, and may be designed for the loading and unloading of goods directly from railways, airports, or seaports. They may have cranes and forklifts for moving goods, which may be placed on International Organization for Standardization (ISO) compliant pallets loaded into pallet racks. Stored goods can include any raw materials, packing materials, spare parts, components, or finished goods associated with agriculture, manufacturing and/or RayChem Corp. (#18041-14-092) production. f.“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 fifty (50) 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: ______________________________________________________________ LUR 2:Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) 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 Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: a.soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; b.potential sources of the contamination referenced in paragraph 8 of the Brownfields Agreement attached to the documentary component of the Notice of Brownfields Property (“Notice”); c.surface soil sampling for any soil areas that are planned to be exposed after the planned development, and subsurface soil sampling, as required by DEQ; d.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and e.plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ RayChem Corp. (#18041-14-092) LUR 3:Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No activity that disturbs soils on the Brownfields Property may occur other than in accordance with the approved EMP. Disturbance of soils not covered under the approved EMP may not occur 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 Brownfields Property will be suitable for the uses specified LUR 1 above while fully protecting public health and the environment. This limitation does not apply to mowing and pruning of above-ground vegetation, landscape plantings that do not exceed 24 inches in depth; and emergency repair of underground infrastructure, if DEQ is 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 are taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No new building or building addition, based on the plat component of the Notice may be constructed on the Brownfields Property until DEQ determines in writing, based on submittals from the building’s or addition’s proponent, that the building’s users, and public health and the environment, would not be at risk from the Brownfields Property’s volatile contaminant plume. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraph 8 of the Brownfields Agreement attached as Exhibit A to the Notice and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: a.in de minimis amounts for cleaning and other routine housekeeping activities; RayChem Corp. (#18041-14-092) b.as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said items or in flammable liquid storage containers with capacities no greater than 25 gallons; and/or c.as constituents of products and materials customarily used or stored in offices, parking, warehouse and/or light manufacturing environments, provided such products and materials are used, stored, and disposed of in accordance with applicable laws and regulations. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Brownfields Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by such owner, its contractors, or its tenants 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 compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ RayChem Corp. (#18041-14-092) LUR 10:Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields 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 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: ______________________________________________________________ LUR 11:Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice, with the blanks filled in: “The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records, Book 16327, Page 2078.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit A hereto, though financial figures related to the conveyance may be redacted. If DEQ issues prior, written approval, an owner may use the following mechanisms to comply with the obligations of this paragraph, subject to the terms and conditions that DEQ may establish in such approval: 1) If every lease and/or rider is identical in form, the owner may provide copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notices and Submissions) of Exhibit A hereto; and 2) the owner may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV (Notices and Submissions) of the Brownfields Agreement attached as Exhibit A. 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 Brownfields Property as of January 1 of that year (or owner’s representative authorized in writing to act on the owner’s behalf) shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental st officials of Wake County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wake 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 in fee during the previous calendar year; and ______________________________________________________________ RayChem Corp. (#18041-14-092) 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 in fee during the previous calendar year. ______________________________________________________________ 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 Wake 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: _________________