HomeMy WebLinkAbout06019_Central Park Landfill_LURU Model_20170914NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Central Park Landfill
Project #: 06019-02-034
Address: S. Salem Avenue & S. Main Street
County: Forsyth
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 other than the following may be made of the Brownfields Property: Outdoor recreation, defined as public or private golf courses, tennis courts, ball fields, ball courts, outdoor
public gatherings and similar uses which are not enclosed in buildings.
☐ 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 the Department of Environmental Quality (“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 Brownfields 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: ______________________________________________________________
After installation of the passive landfill methane collection/venting system, irrigation system 18 inches below ground surface in the cover soil layer, improved recreational athletic
fields, softball field fencing, perimeter fencing, lighting, poles and netting planned by Prospective Developer, soil, landscaping and contours at the Brownfields Property may not be
disturbed without the approval of DEQ or its successor in function, except that mowing, pruning, and planting or installation of above-ground vegetation and turf, top-dressing, defined
as fertilizing the Brownfields Property on the surface, and the application of clean fill to address settling-related undulations or unevenness, may occur.
☐ 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: ______________________________________________________________
None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in paragraph 8.a. of the Brownfields Agreement, 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 for agriculture, grazing, timbering or timber production.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property may not be used as a playground, other than as may be authorized in paragraph 12.a.i. of the Brownfields Agreement, 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 this Agreement becomes effective, 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:
this Notice remains recorded at the Forsyth County Register of Deeds office, and these land use restrictions are being complied with;
the Brownfields Property’s soil cover, which serves as a landfill cap, has been inspected to determine that erosion has been minimized;
the irrigation system is working properly; and
the surficial components of the methane collection/venting system are in good repair.
☐ 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 Forsyth 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: _________________