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Home My WebLink About13019_Planters Oil Mill_LURUModel_2012_11_19NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Planters Oil Mill Project #: 13019-09-33 Address: 1006 Cokey Road County: Edgecombe 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 multi-unit residential and associated parking, recreational and community garden purposes, light industrial purposes and, if the Department of Environmental (“DEQ”) issues prior written approval, other commercial purposes. For purposes of this restriction, the following definitions apply: “Multi-unit residential” refers to condominia, town homes, apartments, loft units or other multi-unit structures used as human dwellings. “Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. “Recreational” refers to open space play fields and ball playing fields, and picnic shelter and playground areas, in portions of the Brownfields Property compliant with, and where any structures built are compliant with, LUR 3 below. “Community garden” refers to use of shared land to grow vegetables, flowers or other crops. Any such garden shall not disturb any cap at the Brownfields Property and shall be constructed with a base layer of geotextile material over the cap, in raised beds above it. “Light industrial” refers to the indoor assembly, fabrication or processing of goods and materials (though related goods and material may be stored outdoors), using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outdoors. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. ☐ 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 DEQ determines that such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use may be made of any portion of the Brownfields Property where soil has not been capped with 12 inches of compacted clean fill (as demonstrated through pre-installation sampling and geotechnical testing) in accordance with the June 29, 2011 Analysis of Brownfield Cleanup Alternatives (approved by EPA and available from DEQ), or asphalt, concrete, building foundations or other impervious materials; or remediated such that DEQ concludes in writing that the Brownfields Property is suitable for the uses specified in LUR 1 above and that public health and the environment are fully protected. No recreational use may be made of any area of the Brownfields Property unless the area has been capped in compliance with this restriction and DEQ has determined in writing whether any related structures proposed, including without limitation picnic shelters, playground equipment and ball field-related structures such as dugouts (of which only surface ones are allowed), fences and backstops, may disturb the cap. If DEQ determines that such disturbance may occur, the structures shall be built incompliance with a plan approved in writing by DEQ, in advance and as implemented, for placement over the cap of a geotextile membrane and material to protect the membrane. When soil at the Brownfields Property is capped, a written report verifying cap installation, compaction and final grade thickness and elevations, and summarizing any sampling or geotechnical testing of the cap or cap materials in areas that will not be covered by buildings or other impermeable surfaces prior to site reuse, as well as a plan for the cap's inspection and maintenance, shall be submitted to DEQ no later than 30 days following installation. Any deficiencies DEQ identifies in the report or plan shall be corrected to DEQ's written satisfaction within 30 days after DEQ provides written notice of such deficiencies. Whenever the plan requires actions, the then owner(s) of affected portions of the Brownfields Property shall comply. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Native soil below any cap or other impervious material that is proposed for penetration or other disturbance shall be sampled for contamination to DEQ's written satisfaction. The proposed penetration or other disturbance may not occur without DEQ's prior written approval on any conditions DEQ deems necessary to ensure the Brownfields Property's suitability for the uses specified in LUR 1 above and full protection of public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No enclosed building may be constructed on the Brownfields Property until: DEQ determines in writing, based on submittals from the building'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; or vapor mitigation measures approved in writing by DEQ in advance are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal, and photographs illustrating the installation and a brief narrative describing it are submitted to DEQ and deemed satisfactory in writing by that agency. ☐ 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 to the Brownfields Agreement (Exhibit A to the Notice of Brownfields Property [“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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production, except for community gardens as defined in LUR l.d. above, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a park or playground or for ground contact sports of any kind, including, but not limited to, golf, football, soccer and baseball, unless the area proposed has been capped with 12 inches of clean, compacted fill to DEQ's written satisfaction. Any structures related to the use, such as picnic shelters, playground equipment or dugouts, shall be constructed with a base layer of geotextile material over the cap (see LUR 3 above). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. This restriction does not preclude legal household pets kept in compliance with law. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ 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 (“LURU”) to DEQ, and to the chief public health and environmental officials of Edgecombe County, certifying that, as of said January 1st, the Notice remains recorded at the Edgecombe County Register of Deeds office and the LURs 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 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 soil cap(s) installed pursuant to LUR 3 above are performing as designed and whether any maintenance of said cap(s) was performed during the previous year to ensure such performance. ______________________________________________________________ whether any vapor mitigation measures installed pursuant to LUR 5 above are performing as designed, and whether the uses of the ground floors of any buildings containing such measures 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 Edgecombe 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: _________________