HomeMy WebLinkAbout15040_Highland Business Park_LURUModel_2014_12_15
NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name:
Highland Business ParkAddress:
12 Old Charlotte Hwy
Project #: County:
15040-11-011 Buncombe
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
LUR 1:No use may be made of the Property other than for purposes of a brewery,
distillery, event space, light manufacturing, warehousing and distribution, retail, offices,
recreational and other commercial uses with prior written Department of Environment and Natural
Resources’ (“DENR”) approval. For purposes of this restriction, the following definitions apply:
a."A brewery/distillery" refers to an establishment for the manufacture and sale of
alcoholic beverages and all associated permits, approvals and licenses to operate
such an establishment (including permits for process and wastewater).
b."Retail" refers to the sale of goods, products, services or merchandise wholesale
and directly to the consumer, including restaurants and the sale of food and
beverages.
c."Offices" refers to the provision of business or professional services and other
services in support of such activities.
d."Recreational" refers to tennis courts, ball fields, ball courts, and other outdoor
activities which are not enclosed in buildings, including recreational sports.
e."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.
f."Event space" refers to any area used for private, public and community activities
(such as, for example, festivals, musical events or shows for employees or the
general public), which may include food and beverage service.
g."Light manufacturing" refers to the assembly, fabrication or processing of goods
and materials, using processes that do not create material amounts of noise, smoke,
fumes, odors, glare, or health or safety hazards outside the buildings where it
occurs, with outdoor storage space not exceeding 25 percent of the floor area of the
manufacturing buildings.
h."Commercial" refers to an enterprise carried on for profit by the owner, lessee or
licensee.
Highland Business Park (#15040-11-011) LUR Update
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 2:The Property and all buildings depicted on the plat component of the Notice of
Brownfields Property (“Notice”) shall be evaluated for lead and asbestos (including the potential
for abatement) in accordance with applicable regulations as administered by the Health Hazards
Control Unit within the Division of Public Health of the North Carolina Department of Health and
Human Services. This agreement does not waive compliance with applicable lead and asbestos
regulations.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 3:Redevelopment activities involving significant soil disturbance in an area where
impacted soils have been identified or the construction of a new building with a basement on the
Property (other than those buildings shown on the plat component of the Notice or permitted by
the SRAP) may not occur other than in accord, as determined by DENR, with an amendment to
the EM Plan approved in writing by DENR in advance (and revised if necessary to DENR's written
satisfaction prior to each subsequent redevelopment phase). This LUR shall not apply to the
demolition of any existing improvements on the Property, including the salvage or reuse of
building components unless said demolition involves significant soil disturbance. The amendment
to the EM Plan must be consistent with the land use restrictions in the Brownfields Agreement
and describe 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:
a.soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;
b.issues related to potential sources of contamination referenced in Exhibit 2; and
c.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 4:In January of each year during which redevelopment of the Property as described
by LUR 3 continues (except that the final deadline shall fall during January of the year after the
conclusion of physical redevelopment), the then owner of the Property shall provide DENR a
report subject to written DENR approval on environment-related activities since the last report,
with a summary and drawings, that describes:
Highland Business Park (#15040-11-011) LUR Update
a.actions taken in accordance with the plan required by LUR 3 above;
b.soil grading and cut and fill actions;
c.methodology(ies) employed for field screening, sampling and laboratory analysis
of media suspected or confirmed to be contaminated with regulated substances;
d.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
e.removal of any contaminated soil, contaminated water or other contaminated
materials (for example, concrete, demolition debris) from the Property (copies of
all legally required manifests shall be included).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5:Until the EM Plan is amended as provided in LUR 3, activities on the Property
shall comply with the EM Plan described in paragraph 5 of Exhibit A (aka: Brownfields
Agreement). Any other activity that disturbs soil on the Property not permitted by the EM Plan, as
amended, is prohibited unless and until DENR states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DENR 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. Provided, however, all activities in the Area of
Possible PCB Soil Contamination shall be governed by LUR 7.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 6: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 that are not covered by the EM Plan,
as amended) or that use surface water may occur on the Property unless and until DENR states in
writing, in advance of the proposed activity, that said activity may occur if carried out along with
any measures DENR 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: ______________________________________________________________
Highland Business Park (#15040-11-011) LUR Update
LUR 7:Soil in the area designated "Area of Possible PCB Soil Contamination" on the
plat component of the Notice, may not be disturbed except in accordance with the SRAP referenced
in paragraph 5 of Exhibit A, unless and until DENR approves in writing an amendment to the
SRAP that ensures the public health and the environment are fully protected despite any remaining
soil contamination.
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 to the Brownfields Agreement, may be used or
stored at the Property without the prior written approval of DENR, except:
a.in de minimis amounts for cleaning and other routine housekeeping activities:
b.as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles; and
c.as constituents of products and materials customarily used, stored and sold in a
brewery/distillery facility, event space, light manufacturing, warehousing, retail,
office, recreational and commercial environments, provided such products and
materials are used, stored, sold and disposed in accordance with applicable laws.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 9:The Property may not be used for agriculture or grazing without written approval
by DENR.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 10:The Property may not be used as a playground, or for child care centers or
schools without written approval by DENR; however, informal by children and adults recreational
activities are permitted.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Highland Business Park (#15040-11-011) LUR Update
LUR 11:The owner of any portion of the Property where any existing, or subsequently
installed, DENR-approved monitoring well is damaged shall be responsible for repair of any such
wells to DENR's written satisfaction and within a time period acceptable to DENR, unless
compliance with this Land Use Restriction is waived in writing by DENR in advance.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 12:Neither DENR, 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 DENR, may be denied access to the Property for purposes of conducting such
assessment or remediation, provided the activities are conducted using reasonable efforts to
minimize interference with authorized uses of the Property.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 13:Any deed or other instrument conveying an interest in the Property executed by
an owner of any interest in the Property shall contain the following notice: "The property which is
the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the
5254
Notice of Brownfields Property recorded in the Buncombe County land records, Book , Page
1171
" A copy of any such instrument shall be sent to the persons listed in Section XV (Notices
and Submissions), though financial figures related to the conveyance may be redacted. If DENR
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 DENR may establish in such
approval: 1) The owner may provide DENR with 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 (Notice and Submissions); and (ii) the owner may provide abstracts of leases,
rather than full copies of said leases, to the persons listed in Section XV.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 14: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 DENR, and to the chief public health and environmental officials
st
of Buncombe County, certifying that, as of said January 1, the Notice of Brownfields Property
Highland Business Park (#15040-11-011) LUR Update
containing these land use restrictions remains recorded at the Buncombe 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 Property during the previous calendar year.
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 the Area of Possible PCB Soil Contamination encapsulated or restricted
pursuant to LUR 7 above is maintained and functioning as designed.
d.whether, to owner's knowledge, SKF USA, Inc. or its successors has completed
monitoring of groundwater and/or surface water on the Property, and if so, a copy
of the associated reports in owner's possession.
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 Buncombe 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: __________________
Highland Business Park (#15040-11-011) LUR Update
\[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\]
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: _________________