HomeMy WebLinkAbout10067_Purser Drive_Wal-Mart Stores_LURU17Brownfields Project #: 10067-06-92
Brownfields Property: Purser Drive – Garner, 816 & 818 Purser Drive
Property Owner (In whole or part): ____Wal-Mart Stores, Inc.____________
LAND USE RESTRICTIONS (“LUR”) UPDATE
LUR 1: No use may be made of the Brownfields Property other than for retail,
office, hotel, and, with North Carolina Brownfields Property’s (“NCBP”) prior written
approval and upon such conditions NCBP may impose, residential uses. For purposes of
this restriction, the following definitions apply:
a. “Retail” refers to the sale of goods directly to the consumer, and includes
restaurant use.
b. “Office” refers to the conduct or rendering of business or professional
services.
c. “Hotel” refers to a building, containing more than four individual rooms,
where overnight lodging facilities, including reservation, cleaning and
reception services, utilities and management, are provided to paying
customers.
d. “Residential” refers to use for a permanent dwelling of single family,
multifamily, detached or attached structures; manufactured homes; mobile
homes; group homes; boarding houses or dormitories.
In compliance _X__ Out of compliance ____
Remarks: _______________________________________________________________
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LUR 2: No activities that remove or use groundwater (e.g., installation of water
supply wells or construction or excavation activities that will encounter groundwater)
may occur on the Brownfield Property without prior sampling and analysis of
groundwater to the satisfaction of NCBP in any areas proposed for such activities, and
submittal of the analytical results to NCBP. If such results disclose to NCBP
contamination in excess of North Carolina’s groundwater quality standards, the proposed
activities may not occur without prior written approval of NCBP on such conditions as
NCBP 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 _X___ Out of compliance ____
Remarks: _______________________________________________________________
________________________________________________________________________
________________________________________________________________________
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LUR 3: No building on the Brownfield Property may be used unless, prior to its
construction, NCBP has been consulted regarding the proximity of the planned building
to the Property’s volatile contaminant plume. If NCBP determines that the footprint of
the building 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 in advance by NCBP. Within 30 days following installation of the vapor barrier
system and/or mechanical or passive vapor mitigation system, NCBP shall be provided
with 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. With NCBP’s prior written approval, additional investigation activities
which may include, without limitation, soil gas testing performed to NCBP’s written
satisfaction, may be conducted, and installation of a vapor barrier and/or mitigation
system possibly excused, so long as the proponent makes an advance written
commitment to install a vapor barrier and/or mitigation system if NCBP so requires based
on review of a report of the investigation activities.
In compliance __X__ Out of compliance ____
Remarks: _______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
LUR 4: No mining may be conducted on or under the Brownfield Property,
including, without limitation, extraction of coal, oil, gas or any other minerals or non-
mineral substances.
In compliance _X__ Out of compliance ____
Remarks: _______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
LUR 5: No basements may be constructed on the Brownfield Property without
the prior written approval of NCBP.
In compliance __X__ Out of compliance ____
Remarks: _______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
LUR 6: None of the contaminants known to be present in the environmental
media at the Brownfield Property, including those listed in paragraph 8 of the
Brownfields Agreement (“Agreement”), may be used or stored at the Brownfield
Property without the prior written approval of NCBP, except in de minimis amounts for
cleaning and other routine housekeeping activities.
In compliance __X__ Out of compliance ____
Remarks: _______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
LUR 7: No party conducting environmental assessment or remediation at the
Brownfield Property at the direction of, or pursuant to a permit or order issued by, the
Department of Environment and Natural Resources (“DENR”) may be denied access to
the Brownfield Property for purposes of conducting such assessment or remediation,
provided that such party shall use reasonable efforts to minimize interference with lawful
operations on the Brownfield Property.
In compliance __X__ Out of compliance ____
Remarks: _______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
LUR 8: During January of each year after the year in which the Notice of
Brownfields Property (“Notice”) is recorded, the owner as of December 1st of the prior
year of any part of the Brownfield Property shall submit a notarized Land Use
Restrictions Update (“LURU”) to NCBP certifying that this Notice containing these Land
Use Restrictions remains recorded at the Wake County Register of Deeds’ office and that
these Land Use Restrictions are being complied with. The LURU shall also state:
a. the full name, mailing address, telephone and facsimile numbers, and e-
mail address of the owner submitting the LURU if said owner acquired
any part of the Brownfield Property during the previous calendar year.
Insert information:
____________________________________________________________
____________________________________________________________
____________________________________________________________
b. the transferee’s full name, mailing address, telephone and facsimile
numbers, and e-mail address, if said owner transferred any part of the
Brownfield Property during the previous calendar year.
Insert information:
____________________________________________________________
____________________________________________________________
____________________________________________________________
c. whether any vapor barrier and/or mitigation systems installed pursuant to
Land Use Restriction 3 above are performing as designed, and whether the
uses of the ground floors of any buildings in the portion of the Brownfield
Property subject to the LURU that contain such vapor barrier and/or
mitigation systems have changed, and, if so, how. The LURU shall also
describe any maintenance and repair of any such vapor barrier and/or
mitigation system(s) that has been performed since the last LURU
regarding the subject portion of the Brownfield Property. Alternatively, a
homeowners’ association may perform the duties imposed by this Land
Use Restriction on behalf of particular owners of the Property, if said
association submits to DENR evidence satisfactory to DENR that it is
authorized to serve as the subject owners’ agent in this regard, and
executes a notarized instrument satisfactory to DENR accepting
responsibility for such performance.
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Remarks: _______________________________________________________________
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In the case of owners that are entities: