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Home My WebLink About08013_Dayco Facility_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Dayco Facility Project #: 08013-04-044 Address: 2150 South Main Street County: Haywood 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, including residential use, may be made of the Brownfields Property other than as the location of commercial/retail establishments, defined as buildings, properties or activities, including in this case restaurants and a gas station, the principal use or purpose of which is the sale of goods, products, services or merchandise directly to consumers. ☐ 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 i.) or new (subparagraph ii.): 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 the 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 recordation of the Notice, 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. 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 building may be constructed within 200 feet downgradient of the “Toluene Area,” as depicted on the plat component of the Notice, unless a vapor barrier membrane system and, at DEQ’s discretion, a passive vent sub-slab system or an active vent sub-slab system (also known as a sub-slab depressurization system), is approved by DEQ in writing and then installed as approved under the entire slab-on-grade foundation of the portion of the building to be enclosed. The vapor barrier membrane system shall be sealed around any slab-penetrating vertical pilings, utility chases and conduits, and sub-slab support structures, and shall be overlapped and taped so as to minimize air migration pathways. ☐ 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: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose except in accordance with prior written conditions imposed by DEQ, provided, that water from any ponds on the Brownfields Property that DEQ determines in writing merit characterization as retention ponds may, at DEQ’s discretion based on analytical data satisfactory to DEQ, be used for dust suppression during demolition, grading or other site preparation or construction activities and, if not so used, shall be managed and disposed of in accordance with applicable law. ☐ 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 and on such conditions as DEQ imposes, including at a minimum requisite legal approval of plans and procedures to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except in accordance with prior written conditions imposed by DEQ, the only disturbance of landscaping and contours at the Brownfields Property that may occur is mowing and pruning of above-ground vegetation. Except in accordance with prior written conditions imposed by DEQ, soil, landscaping and contours at the Brownfields Property may only be disturbed: in connection with planting, mowing and pruning of vegetation, and to a soil depth of two (2) feet or less. ☐ 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, 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 tables at (2) in the Notice, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except as de minimis constituents of products used for cleaning and other routine housekeeping activities or of commercial or consumer products offered for sale to the public in the normal course of retail business. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a park or for outdoor sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. ☐ 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: ______________________________________________________________ No outdoor playground activities may occur on the Brownfields Property, nor may the Brownfields Property be used for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No outdoor kennel activities may occur on the Brownfields Property, nor are private outdoor animal pens or horse-riding allowed on the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Redevelopment of the Brownfields Property, as determined by DEQ, may not be initiated until DEQ approves in writing (if only via e-mail) implementation and a report thereon of a plan that DEQ has approved in writing (if only via e-mail), in advance of implementation, that addresses demolition, excavation, grading, construction, and health and safety. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used until soil remediation, of areas and pursuant to a plan approved in writing in advance by DEQ, is performed to DEQ’s written satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No 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: ______________________________________________________________ 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 a notarized Land Use Restrictions Update to DEQ certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Haywood 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 Haywood 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: _________________