HomeMy WebLinkAbout06010_Erwin Square_LURU Model_20170913NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Erwin Square
Project #: 06010-02-032
Address: 2211 Hillsborough Road
County: Durham
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 water supply wells may be installed or used at the Property, and groundwater at the Property shall not be accessed or used for any purpose unrelated to monitoring or other response
activities under the Department of Environmental Quality (“DEQ”) direction or jurisdiction.
☐ 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 which encounter or expose groundwater) may be conducted
on the Property without prior sampling and analysis of groundwater in the area where such activities are to be conducted, submittal of the analytical results to DEQ or its successor
in function along with plans and procedures to protect human health and the environment during those activities, and approval of those activities by DEQ or its successor in function.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No basements, other than those vented to DEQ’s satisfaction, and no fountains, ponds, lakes, swimming pools or other items supplied, in whole or in part, by groundwater, other than municipally
provided groundwater or groundwater first tested to DEQ’s satisfaction for volatile organic chemicals, may be constructed on the Property without DEQ’s prior approval.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Within fourteen (14) 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 remains recorded at the Durham County Register of Deeds office, and that the land use
restrictions contained herein are being complied with. In the event that the Property is owned by multiple owners (e.g., condominium owners or a partnership), the requirements of this
paragraph may be satisfied by one person or entity submitting the LUR Update on behalf of all the owners (e.g., a condominium association may make the submission).
☐ 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: _________________