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Home My WebLink About09066_Sonoco Flexible_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Sonoco Flexible Project #: 09066-05-060 Address: 2203 Hawkins Street County: Mecklenburg 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, as limited by these Land Use Restrictions, other than for office, retail and other commercial purposes, residential purposes and ancillary parking, roadway, open space and storm water management purposes. For purposes of this restriction, the following definitions apply: “Office” refers to the provision or rendering of business or professional services. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. “Retail” refers to an activity, the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer. “Residential” refers to use for a permanent dwelling of a single family, detached, duplex, triplex, quadriplex, attached or multifamily dwelling, and to hotel use. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance, no use of the Brownfields Property may occur prior to demolition of all buildings on the Brownfields Property depicted on the plat component of this Notice in accordance with applicable legal requirements, including without limitation those administered by the Lead and Asbestos Abatement Program of the Department of Environmental Quality (“DEQ”) Division of Public Health. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil underlying buildings appearing on the plat component of the Notice of Brownfields Property (“Notice”) may not be exposed, and soil anywhere on the Brownfields Property exhibiting any stain or odor 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 approved in writing in advance by DEQ for protection of public health and the environment while the soil is exposed or disturbed, and if 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 to DEQ's written satisfaction, in which case the cover shall be maintained to DEQ's satisfaction. Information approved in writing by DEQ regarding the transportation and disposition of any soil removed from the Brownfields Property must be supplied to DEQ within ninety (90) days following removal. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the footprint of the building would fall within one hundred (100) feet of said plume, it may not be constructed without a vapor barrier system and/or mechanical or passive vapor mitigation system, or other effective vapor mitigation system, approved in writing by DEQ. Within thirty (30) days following installation of the mitigation system, DEQ shall be provided certification of proper installation under the seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it. ☐ 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: ______________________________________________________________ Contours at the Brownfields Property may not be disturbed without the prior written approval of DEQ, except or mowing and pruning of above-ground vegetation. ☐ 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 tables (2)a. and b. of the Notice, 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, and as incorporated in construction materials, household appliances and similar items if they are approved by DEQ in writing in advance. DEQ hereby approves the installation and use of stainless steel plumbing fixtures and household appliances on the Brownfields Property. ☐ 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, except in areas where two feet of clean fill, or another cover approved in writing in advance by DEQ, are installed to DEQ’s written satisfaction, delineated to DEQ’s written satisfaction as “Recreation Approved” areas on the plat component of this Notice, maintained, and left undisturbed other than through normal park or sports use. ☐ 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, or for child care centers or schools, except in areas where two feet of clean fill, or another cover approved in writing in advance by DEQ, are installed to DEQ’s written satisfaction, delineated to DEQ’s written satisfaction as “Approved for ______________” (“Playground,” “Child Care Center” or “School”) areas on the plat component of the Notice, and left undisturbed other than through normal playground, child care center or school use. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding, except in areas where two feet of clean fill, or another cover approved in writing in advance by DEQ, are installed to DEQ’s written satisfaction, delineated to DEQ’s written satisfaction as “Approved for ______________” (“Kennel,” “Private Animal Pen” or “Horse-Riding”) areas on the plat component of this Notice, maintained, and left undisturbed other than through normal kennel, animal pen or horse-riding use. This Land Use Restriction does not preclude legal household pets kept in compliance with law. ☐ 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: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing or later DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. ☐ 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 remains recorded at the Mecklenburg County Register of Deeds office; the Land Use Restrictions are being complied with; and any vapor barrier and/or mitigation systems installed pursuant to LUR 4. Above are performing as designed, and the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have not changed (unless they have changed, in which case a certified update of uses shall be submitted). ______________________________________________________________ the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Property during the previous calendar year. ______________________________________________________________ The transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Property during the previous calendar year. ______________________________________________________________ Alternatively, the obligations of this land use restriction may be discharged on behalf of some or all owners by an owners’ association that demonstrates, to DEQ’s written satisfaction in advance, its identity and its authority to act as agent for such owners. ☐ 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 Mecklenburg 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: _________________