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Home My WebLink About09025_Piedmont Triad Research Park_LURU Model_20170915NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Piedmont Triad Research Park Project #: 09025-05-034 Address: 401 East Third 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 may be made of the Brownfields Property other than as the site of a bio-technology research facility, for offices and/or for industrial purposes. For purposes of this land use restriction, the following definitions apply: “Bio-technology research facility”: a facility designed to facilitate critical and exhaustive investigation or experimentation in the field of bio-technology, which has as its aim the discovery of new facts and their correct interpretation, the revision of accepted conclusions, theories or laws in light of newly discovered facts, and the practical applications of such new or revised conclusions, theories or laws. “Offices”: places where business or professional services are conducted or rendered. “Industrial”: refers to the business of manufacturing products, in the sense of assembling, fabricating or processing goods or materials. The term does not include utility, transportation and financial businesses. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property shall not be used for child care centers, schools, parks, recreational areas, or athletic fields, unless those uses are approved in writing by the Department of Environmental Quality (“DEQ”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property shall not be used for sporting activities of any kind, including, but not limited to, golf, football, basketball, soccer, and baseball, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property shall not be used for agricultural or grazing purposes or for timber production. The Brownfields Property shall not be used for kennels, private animal pens, or for riding clubs, unless the animals are confined in a building. ☐ 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: ______________________________________________________________ Surface water or groundwater at the Brownfields Property shall not be used for any purpose without the prior written approval of DEQ. The installation of groundwater wells or other devices providing access to groundwater for any purpose other than monitoring groundwater quality, and activities that otherwise encounter, expose or remove groundwater, are prohibited, unless approved in writing by DEQ on such conditions as DEQ imposes, including at a minimum compliance with plans and procedures, approved in advance by DEQ, to protect public health and the environment during the proposed activities and to manage and dispose of any such water in accordance with applicable rules and regulations. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No construction, excavation, or disturbance of soils at a depth greater than three (3) feet, whether in connection with utility installation or any other activity, shall occur without DEQ’s advance written approval, which must be requested no later than ten (10) business days in advance. Pursuant to such request, DEQ may choose to inspect, and may require screening or sampling for contaminants in, the soil exposed pursuant to construction, excavation, or soil disturbance. If screening or sampling results disclose contamination that may pose an unacceptable level of risk to human health and/or the environment as determined by DEQ, the soil may not be left exposed without the written approval of DEQ, or on such conditions as it imposes, including at a minimum compliance with plans and procedures, approved by DEQ, to protect public health and the environment while the soil remains exposed and the management and disposal of such soil in accordance with applicable legal requirements. Any soil removed from any depth must be managed and disposed of in accordance with applicable law, and legally compliant worker protection precautions must be observed during such construction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any building constructed or placed at the Brownfields Property shall incorporate a vapor control system that has been approved in writing by DEQ prior to its installation, and no basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil, landscaping and contours at the Brownfields Property may not be disturbed without the prior written approval of DEQ, except for mowing and pruning of above-ground vegetation. Subject to a presumption of reasonableness, such approval shall not be unreasonably withheld. ☐ 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 A and B of the Notice of Brownfields Property (“Notice”), may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for: cleaning, other routine housekeeping activities and in conjunction with the uses allowed by Land Use Restriction 1 above. ☐ 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. Any such party shall use reasonable efforts to perform all such activities in a manner that minimizes interference with the use of the Brownfields Property. Any prior agreements regarding access to the Brownfields Property involving another DEQ program remain enforceable in relation to that program. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which this 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 Forsyth 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 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: _________________