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Home My WebLink About06014_Quality Metal Products_LURU Model_20170913NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Quality Metal Products Project #: 06014-02-036 Address: 1111 Oates Road County: Gaston 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 for the following: Industrial light manufacturing purposes, defined as an industrial use at which no process water or wastewater is generated, and involving the assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building, or where the area occupied by the outdoor storage of goods and material used in such processes does not exceed 25 percent of the floor area of all the buildings on the property. Commercial purposes, defined as an occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner(s) of the portions of the Property containing the monitoring wells denominated as OW-6 and OW-9, on the plat recorded as part of the Notice of Brownfields Property referenced in paragraph 19 of the brownfields agreement, shall maintain those wells in good repair, replacing each or both of them, to the satisfaction of the Department of Environmental Quality (“DEQ”) and in locations satisfactory to DEQ, if DEQ determines replacement is necessary. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Beginning in the first January following the year in which the Notice of Brownfields Property (“Notice”) is recorded, and during every other January after that, the owner(s) of the portions of the Brownfields Property containing the monitoring wells denominated as OW-6 and OW-9, on the plat recorded as part of the Notice, shall effect sampling of those wells in accordance with the most current version of the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section. The groundwater samples collected during such activities shall be analyzed for volatile and semivolatile organic compounds by Method 8260 of the U.S. Environmental Protection Agency or any comparable method approved in advance by DEQ. A Groundwater Monitoring Report setting forth the procedures and results of these groundwater sampling activities shall be submitted with the Land Use Restrictions Update referenced in restriction 14, in those years during which groundwater sampling is required. If DEQ states in writing that the results of three consecutive sampling events required by this subparagraph indicate no exceedances of applicable legal standards in one or both wells, no further sampling of the relevant well(s) shall be required. Within sixty (60) days after any affected owner’s receipt of any such DEQ statement, the relevant owner(s) shall effect abandonment of wells OW-6 and/or OW-9 in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code and shall, within thirty (30) days after completing any such abandonment activities, submit to DEQ a report setting forth the procedures and results of the activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the approval of DEQ or its successor in function. ☐ 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 satisfaction of DEQ or its successor in function in any areas proposed for such activities, and submittal of the analytical results to DEQ or its successor in function. If such results disclose to DEQ or its successor in function contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the approval of DEQ or its successor in function on such conditions as DEQ or its successor in function imposes, including at a minimum legal approval of plans and procedures to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil underlying paved surfaces and buildings at the Brownfields Property may not be exposed without prior sampling and analysis of such soil to the satisfaction of DEQ or its successor in function, and submittal of the analytical results to DEQ or its successor in function. If such results disclose contamination in excess of the applicable standards as determined by DEQ or its successor in function, the soil may not be exposed without the approval of DEQ or its successor in function on such conditions as DEQ or its successor in function imposes, including at a minimum legally approved plans and procedures to protect public health and the environment during the activities that would expose such soil. ☐ 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: ______________________________________________________________ No basements may be constructed on the Brownfields Property unless they are, as determined by DEQ or its successor in function, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in the Notice, may be used or stored at the Brownfields Property without the prior approval of DEQ or its successor in function, 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 as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the approval of DEQ or its successor in function. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ or its successor in function certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Gaston County Register of Deeds office, that the land use restrictions are being complied with, and that the wells referenced in LUR 2 are in good repair, and, in relevant years, setting forth the procedures and results of the groundwater sampling required by LUR 3. ☐ 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 Gaston 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: _________________