HomeMy WebLinkAbout09053_Chowan Veneer_LURU Model_20170915NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Chowan Veneer
Project #: 09053-05-021
Address: 259 & 262 Coke Avenue
County: Chowan
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 residential, commercial retail or commercial office use. For purposes of this restriction, the following definitions apply:
Residential: Use for a permanent dwelling of any single family, detached, duplex, triplex, quadraplex, attached or multifamily dwelling; or of any manufactured home, mobile home, group
home, boarding house or dormitory.
Commercial office: A use or structure where business or professional services are conducted or rendered.
Commercial retail: An activity the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer, including restaurants.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No redevelopment may occur of any portion of the Brownfields Property containing any groundwater monitoring wells, injection wells, recovery wells, piezometers or other man made points
of groundwater access prior to compliance with the requirements of this paragraph to the Department of Environmental Quality (“DEQ”) written satisfaction. The owner of any such portion
of the Brownfields Property shall notify DEQ in writing that the owner is ready to effect abandonment of such man made points of groundwater access in accordance with Subchapter 2C
of Title 15A of the North Carolina Administrative Code. Unless DEQ, within ten (10) days of receiving such notification, notifies the owner of the affected portion of the
Brownfields Property to refrain from such abandonment, the owner shall effect abandonment and shall, within thirty (30) days after concluding the abandonment, provide DEQ a written report
setting forth the procedures and results.
☐ 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 written 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 prior written 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 or hard pervious, surfaces and buildings at the Brownfields Property, and soil anywhere on the Brownfields Property exhibiting any stain or
odor, both of which categories of areas are denominated “SUBJECT TO LAND USE RESTRICTION #5” on the plat component of the Notice of Brownfields Property (“Notice”), may not be disturbed
without prior sampling and analysis to DEQ's written satisfaction of soil proposed to be disturbed. If sampling results disclose contamination that DEQ determines renders the Brownfields
Property unsuitable for the uses specified in Land Use Restriction 1 above, the soil may only be disturbed in conformance with plans and procedures approved in writing by DEQ that are
designed to protect public health and the environment while the soil is exposed or disturbed, and if, at DEQ’s discretion, as much soil as DEQ requires is removed and disposed of in
accordance with applicable law, or covered with an impervious or hard pervious surface. If DEQ requires an impervious or hard surface, the cover shall be maintained in good repair.
If DEQ
requires removal of any soil, information satisfactory to DEQ regarding the transportation and disposition of such soil shall be supplied in a written report to DEQ within ninety (90)
days following removal. 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.
“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: ______________________________________________________________
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 in writing 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 paragraph 9 of the Brownfields Agreement (“Agreement”),
may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities.
☐ 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 containing these land use restrictions remains recorded at the Chowan County Register of Deeds office, and that the land use restrictions are
being complied with.
In addition to the land use restrictions set forth above, the Potential Developer must implement the following measures to the written satisfaction of DEQ prior to making any use of
the Brownfields Property or offering it for sale or redevelopment.
All containers on the Brownfields Property, and their contents, must be inventoried, removed and disposed of in compliance with all applicable legal requirements.
Petroleum on floors and loading docks at the Brownfields Property must be steam-cleaned. Rinse water shall be containerized, characterized and disposed of in compliance with all applicable
legal requirements.
☐ 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 Chowan 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: _________________