HomeMy WebLinkAbout14011_Pace Conservation_LURUModel_2012_10_31NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Pace Conservation Center
Project #: 14011-10-016
Address: Freedom Park Road
County: Carteret
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 property other than as a “natural area,” as defined in N.C.G.S. § 113A-164.3(3) (though invasive non-native vegetation may be removed), that includes a gravel
public walking path. Said path shall be constructed by placement of gravel on top of the existing grade, geo fabric may be used as a base for the path, and vegetation that interferes
with the walking path may be cut back.
☐ 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 property without prior sampling and analysis of groundwater to the written satisfaction of the Department of Environmental
Quality (“DEQ”) in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination that DEQ determines puts at
risk the Property’s suitability for the uses specified in LUR 1 above or public health or the environment, the proposed activities may not occur without the prior written approval of
DEQ on such conditions as DEQ imposes to address such risk, 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 on the Property may not be moved, graded, dug, excavated, bored through, penetrated or otherwise disturbed other than in connection with installation of a public walking path, plans
for which shall be approved in writing by DEQ in advance and use of which may not occur unless and until DEQ approves the plan’s implementation in writing. Among the plan’s components
shall be procedures to safely collect, store, remove and dispose of, in accordance with applicable law, all excess soil resulting from the proposed soil-disturbing activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No new use or storage of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Table A of the Notice of Brownfields Property
(“Notice”), may occur at the Brownfields Property without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Property may not be used for agriculture, grazing, timbering or timber production.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Property may not be used as a playground, or for child care centers or schools.
☐ 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, 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 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 Property as of January 1st of that year shall submit a notarized Land Use Restrictions
Update (“LURU”) to DEQ certifying that, as of said January 1st, the Notice remains recorded at the Carteret County Register of Deeds office and the Land Use Restrictions 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.
______________________________________________________________
☐ 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 Carteret 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: _________________