HomeMy WebLinkAbout06007_Smith Metal & Iron_LURU Model_20170913NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Smith Metal & Iron
Project #: 06007-02-060
Address: S. Cedar Street & West 4th Street
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
Groundwater at the Property may not be accessed or used in any way whatsoever, whether through wells or for fountains, ponds, lakes, swimming pools or any other purpose.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No basements may be constructed on the Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No mining activities may be conducted on or under the Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No activities that result in direct exposure to or removal of groundwater (for example, construction or excavation activities that encounter or expose groundwater) may occur in the area
denominated “NO GROUNDWATER EXPOSURE” on the plat component of this Notice, without prior sampling and analysis of groundwater to the Department of Environmental Quality (“DEQ”) satisfaction
in the area proposed for such activities, and submittal of the analytical results to DEQ or its successor in function. If such results disclose contamination in
excess of the 2L Standards or the then applicable North Carolina groundwater quality standards, the proposed activities may not occur without DEQ approval and on such conditions as DEQ
imposes, including at a minimum DEQ approval of plans and procedures to protect public health and the environment during the proposed activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No chlorinated solvents, including but not limited to cis,1-2 Dichloroethene and Trichloroethene, may be used or stored at the Property without the prior approval of DEQ, except in de
minimis amounts for cleaning and other routine housekeeping activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Within seven (7) days of each anniversary of the effective date of the Brownfields Agreement, the then current owner(s) of each portion of the Property shall submit a notarized Land
Use Restrictions Update ("LUR Update") to DEQ certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register
of Deeds office, and that the land use restrictions are being complied with.
☐ 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: _________________