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Home My WebLink About06016_Radiator Specialty_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Radiator Specialty Project #: 06016-02-60 Address: 2001 Suttle Avenue County: Mecklenburg 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 Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 No use may be made of the Brownfields Property other than for retail, office and other commercial purposes if the Department of Environmental Quality (“DEQ”) issues prior written approval, and for residential, school, medical and institutional purposes. Unless otherwise approved in writing in advance by DEQ, each use may occur only in areas of the Brownfields Property designated for that use on the plat component of the Notice of Brownfields Property (“Notice”), and consistent with LUR 2 and 3 below. For purposes of this restriction, the following definitions apply: “Retail” refers to the sale of goods, products, or merchandise directly to the consumer. “Office” refers to the rendering of business or professional services. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. “Residential” refers to duplexes, triplexes or quadriplexes, condominia, town homes, apartments or other multifamily structures used as human dwellings. The term does not include single family housing. “School” refers to an institution that provides primary (including pre-kindergarten), secondary, vocational (including adult vocational) or post-secondary education. “Medical” refers to the provision or rendering of goods and services related to the maintenance of human health, including without limitation via hospitals, physicians’ offices, diagnostic and treatment centers, and pharmacies. “Institutional” refers to organizations or enterprises engaged in religious, hospital, scientific or charitable endeavors, and can include funds, foundations or corporations organized and operated for religious or other charitable purposes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No area of exposed soil at the Brownfields Property may be used: unless DEQ determines in writing that said area is free of concentrations of polychlorinated biphenyls (“PCBs”) in excess of one (1) part per million to a depth of five (5) feet; and unless DEQ determines in writing that said area is free of concentrations of PCBs in excess of 830 parts per million from a depth of five (5) feet to a depth of 14 feet. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No area of the Brownfields Property covered by impervious surface (as defined in Land Use Restriction 6.a. below) may be used unless DEQ determines in writing that said area is free of concentrations of PCBs in excess of: 83 parts per million to a depth of five (5) feet; and 830 parts per million from a depth of five (5) feet to a depth of 14 feet. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except as provided in the Phase II and III Environmental Action Plans for a portion of the Brownfields Property approved by and available from DEQ, no building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within 100 feet of said plume, it may not be constructed without a vapor barrier system and/or mechanical or passive vapor mitigation system approved in writing by DEQ in advance. Within thirty 30 days following installation of the vapor barrier system and/or mechanical or passive vapor mitigation system, 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. ☐ 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 Brownfields 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 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: ______________________________________________________________ Soil within the areas denominated “Area of Known Soil Contamination” on the plat component of the Notice may not be disturbed unless DEQ has been given a minimum of seven (7) business days written notice and approved in writing a plan, including a health and safety component, for the work in connection with which soil is proposed to be disturbed, unless DEQ states otherwise in writing in advance. Soil disturbance in accordance with the Phase II and III Environmental Action Plans for a portion of the Brownfields Property approved by and available from DEQ is hereby authorized. Further, soil disturbance for purposes of this land use restriction shall not include pile driving (the use of mechanical devices to drive wooden, steel or other structural members into soil to provide foundation support for buildings or other structures). While disturbed soil is exposed pursuant to this land use restriction, DEQ may inspect and sample, or require sampling of, the disturbed soil for contaminants. The exposed soil shall, to DEQ’s written satisfaction, be covered with clean fill, an impervious or hard pervious surface, or a combination of clean fill, impervious surface and hard pervious surface, in which case the cover shall be maintained to DEQ’s satisfaction. Alternatively, the soil may remain exposed if it is demonstrated to DEQ’s written satisfaction that the Brownfields Property will nevertheless remain suitable for the purposes specified in LUR 1 above. For purposes of this requirement, the following definitions apply. “Impervious surface” means any structure or groundcover consisting of asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other natural or man-made material, either alone or in combination, that prevents the absorption of surface water into the soil. “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 potential contaminants in the soil. Pervious concrete and pervious tennis court materials are examples. “Clean Fill” means soil that does not contain contaminants exceeding any Soil Remediation Goals of DEQ’s Inactive Hazardous Sites Branch, except that such soil may contain up to one (1) part per million of PCBs. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except as provided in the Phase II and III Environmental Action Plans for a portion of the Brownfields Property approved by and available from DEQ, no portion of the Brownfields Property denominated “Area of Known Contamination” on the plat component of the Notice may be used recreationally (including without limitation for swimming pools, playgrounds and parks) unless it is covered with five (5) feet of clean fill (as defined in LUR 6.c. above) or another cover approved in writing in advance by DEQ, or unless it is demonstrated to DEQ’s written satisfaction in advance that, with less than five (5) feet of such fill, said portion can suitably be used recreationally with public health and the environment fully protected. Grass may not be planted in the Brownfields Property’s “Area of Known Contamination” unless two (2) feet of such fill are placed above it; trees may not be planted in said area unless five (5) feet of such fill are placed above it. Any recreational areas installed on said portion shall be maintained to DEQ’s satisfaction ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A, B1 and B2 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; as constituents of fuel customarily used in vehicles and landscaping equipment; as constituents of products customarily offered for sale in retail grocery stores, drug stores, photo processing operations, and retail paint and wallpaper stores typically operating in retail shopping centers; and in amounts customarily used as vehicle, emergency generator and landscaping equipment fuel or other fluid; so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice remains recorded at the Mecklenburg County Register of Deeds office and the Notice’s LURs are being complied with, and stating: 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. ______________________________________________________________ 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. ______________________________________________________________ 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 buildings containing such vapor barrier and/or mitigation systems have changed and if so, how. ______________________________________________________________ whether any soil covers installed pursuant to LUR 6 or 7 above are intact. ______________________________________________________________ Alternatively, the obligations of this LUR 14 may be discharged on behalf of some or all owners by an owners’ association that satisfies DEQ it is validly acting as agent for said owners, and that accepts responsibility for compliance with this subparagraph pursuant to a notarized instrument satisfactory to DEQ. ☐ 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 Mecklenburg 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: _________________