HomeMy WebLinkAbout10048_Conitron_LURU Model_20170918NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Conitron
Project #: 10048-06-076
Address: 3761 Old Glenola Road
County: Randolph
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
Except as provided in Land Use Restriction 2 below, no use may be made of the Brownfields Property other than for furniture manufacturing, associated administrative, sales, marketing,
warehousing and shipping operations, other industrial uses and, with prior written Department of Environmental Quality (“DEQ”) approval, other commercial uses. For purposes of this
land use restriction, the following definitions apply:
“Manufacturing” refers to the assembly, fabrication or processing of goods or materials.
"Industrial" refers to the production, manufacturing, processing, cleaning, servicing, testing, repair, storage and/or distribution of materials or products.
“Commercial” refers to the carrying on of an enterprise for profit by the owner, lessee or licensee.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property may not be used residentially (except that the structure denominated “Cabin” on the plat component of the Notice of Brownfields Property [“Notice”] may be used
to house business travelers), nor for schools, daycare centers, nursing homes, playgrounds, parks or recreation areas without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Surface 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 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 within the area denominated “Area of Possible Soil Contamination” on the plat component of the Notice may not be exposed without a minimum of seven (7) business days’ advance written
notice to DEQ, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants.
If soil contamination is discovered that DEQ determines would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment
if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the
Brownfields Property suitable for the uses specified above in Land Use Restriction 1 while fully protecting public health and the environment shall be taken. If soil contamination
is discovered that DEQ determines would not likely contaminate groundwater if capped, or likely pose an imminent threat to public health or the environment if exposed, as much soil
as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law or capped to the written satisfaction of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
In the portion of the Brownfields Property denominated “Area of Possible Soil Contamination” on the plat component of the Notice, soil, landscaping and contours may not be disturbed
without the prior written approval of DEQ, except for 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 the groundwater contaminants listed in Table A 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.
☐ 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: ______________________________________________________________
No building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to groundwater contamination at the Brownfields
Property, except within the area denominated “Proposed New Building Area” on the plat component of the Notice. If DEQ determines that the footprint of a building proposed to be constructed
on the Brownfields Property would fall within 100 feet of such contamination, it may not be constructed without a vapor barrier system and/or mechanical or passive vapor barrier mitigation
system, or other effective vapor mitigation system approved by DEQ, unless DEQ excuses same pursuant to the last sentence of this land use restriction. Within thirty 30 days
following installation of the vapor barrier system and/or mechanical or passive vapor barrier mitigation system, DEQ shall be provided certification of proper installation under seal
of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it. With DEQ’s prior written approval,
additional investigation activities including, without limitation, soil gas sampling and analysis, performed to DEQ’s written satisfaction, may be conducted, and installation of a vapor
barrier and/or mitigation system possibly excused as a result, so long as the proponent makes an advance written commitment to install a vapor barrier and/or mitigation system if DEQ
reasonably requires same based on review of a report DEQ deems adequate of the investigation activities.
☐ 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 (“LURU”) to DEQ certifying that the Notice remains recorded at the Randolph County Register of Deeds office and that the land use restrictions are being complied with, and stating:
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 Brownfields Property
during the previous calendar year. Insert required information here, if applicable:
______________________________________________________________
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 Brownfields Property during the
previous calendar year. Insert required information here, if applicable:
______________________________________________________________
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 11 above remain intact and in the condition they were in when installed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. Insert required information here, if applicable:
______________________________________________________________
☐ 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 Randolph 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: _________________