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Home My WebLink About07015_Historic Cotton Mill_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Historic Cotton Mill Project #: 07015-03-011 Address: 191 Riverside Drive County: Buncombe 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 Brownfields Property other than for artist studios, retail or other commercial purposes, residential purposes and, on the ground level, parking and open space. For purposes of this restriction, the following definitions apply: “Retail” refers to an activity, the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer. “Commercial” refers to an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee. “Residential” refers to use for a permanent dwelling of any single family, detached, duplex, triplex, quadriplex, attached or multifamily dwelling; any manufactured home; any mobile home; any group home; any boarding house or any dormitory. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this Land Use Restriction is waived in writing by the Department of Environmental Quality (“DEQ”) in advance in regard to particular buildings, no building on the Brownfields Property may be used until mechanical ventilation with outdoor air is provided in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code (“Code”), or another standard approved in writing in advance by DEQ. Compliance with the Code shall entail the following, depending upon whether a building sought to be used is existing (subparagraph a.) or new (subparagraph b.): This subparagraph applies to buildings on the Brownfields Property at the time the Notice of Brownfields Property (“Notice”) is recorded, as depicted on the plat component of said Notice. A professional engineer registered in North Carolina shall inspect the mechanical ventilation system and shall document any measures required to bring the system into compliance with the Code. A North Carolina heating, ventilation and air-conditioning contractor shall implement any measures documented by the professional engineer. A party certified by the American Association of Balancing Contractors or the National Environmental Balancing Bureau, other than the professional engineer or heating, ventilation and air-conditioning contractor in question, shall perform testing, adjusting and balancing of the system when any work by the contractor is complete. Within seven (7) days after its issuance, a copy of the Certified Test and Balance Report shall be submitted to DEQ. The professional engineer shall provide DEQ certification under seal that all possible entrances for vapors, including without limitation foundation cracks, holes in concrete floors, gaps around pipes and utility lines, major cracks in walls, sumps and floor drains, have been sealed, and that the mechanical ventilation system complies with the Code. As to buildings constructed on the Brownfields Property after the effective date of the Brownfields Agreement (“Agreement”), defined as those not depicted on the plat component of the Notice, a professional engineer shall provide DEQ certification under seal that a mechanical ventilation system that complies with the Code has been installed. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property unless a vapor barrier membrane system and, at DEQ’s discretion, a mechanical or passive vapor mitigation system is installed in accordance with a plan approved in writing in advance by DEQ. Sheeting at least six (6) mils thick that is designed to prevent vapors from entering the building, a spray membrane liner system consisting of material resistant to the contaminants listed in tables (2)(a) and (b) of the Notice, or another vapor barrier system may be proposed for DEQ approval. No vapor barrier shall be approved unless it is to be installed under the entire slab-on-grade foundation of the building, and sealed around any vertical pilings and other support structures underneath the slab, overlapped, and taped, glued or otherwise stabilized, so as to minimize air migration pathways. Within thirty (30) days following installation of the vapor barrier system and/or vapor mitigation system, DEQ shall be provided certification of proper installation under seal of a professional engineer registered in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. ☐ 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 in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the approval of DEQ on such conditions as DEQ 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 ☐ Out of compliance Remarks: ______________________________________________________________ Soil underlying paved and other impervious surfaces and buildings at the Brownfields Property, and soil proposed to be exposed in association with any construction on the Brownfields Property, may not be exposed unless and until DEQ has approved in writing a plan to protect public health and the environment during the activities that would expose such soil. DEQ may inspect, and require screening or sampling for contaminants in, the exposed soil. If screening or sampling discloses contamination that DEQ determines may pose an unacceptable level of risk to public health or the environment, as much soil as DEQ requires shall be removed and disposed of in accordance with applicable law, and any other actions DEQ requires to make the Brownfields Property suitable for the uses specified in this Agreement shall be taken. If DEQ determines that the exposed soil is contaminated at levels that would not pose an unacceptable risk to public health or the environment if capped, DEQ may require the soil to be capped, with perpetual maintenance of the cap, to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Landscaping and contours at the Brownfields Property may not be disturbed without the approval of DEQ, except for mowing and pruning of above-ground vegetation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Brownfields Property unless they are, as determined by DEQ, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No monitoring wells on the Brownfields Property may be decommissioned except in accordance with prior written conditions imposed by the relevant DEQ program. ☐ 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 tables (2)(a) and (b) of the Notice, may be used or stored at the Brownfields 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: ______________________________________________________________ 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools, but may have exterior play or learning areas. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building, nor change to the configuration of land use at the Brownfields Property, may occur without DEQ’s prior written approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner(s) of the Brownfields Property is/are responsible for maintaining in good repair all impervious and hard pervious surfaces at the Brownfields Property, whether or not another party has made a commitment to perform any part of said maintenance. For purposes of this Land Use Restriction, the following definitions apply: “Impervious surface” means any structure or groundcover consisting of asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other natural or man-made material that prevents the absorption of surface water into the soil; and “Hard pervious surface” means any structure or groundcover that allows absorption of surface water into the soil, but has a hard surface formed or cast in place that protects land users from exposure to potential contaminants in the soil. Pervious concrete and pervious tennis court materials are examples. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit this notarized Land Use Restrictions Update to DEQ certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Buncombe County Register of Deeds office, that the land use restrictions are being complied with and that impervious and hard pervious surfaces at the Brownfields Property are being maintained such that they are continuing to function as caps. ☐ 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 Buncombe 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: _________________