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Home My WebLink About10065_Duke Power MGP_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Duke Power MGP Project #: 10065-06-041 Address: 321 East Friendly Ave. County: Guilford 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 No use may be made of the Brownfields Property other than for parking, office, nonprofit services, retail, higher education, hardscaping and landscaping purposes, and for high-density residences on second and higher floors of buildings. For purposes of this restriction, the following definitions apply: “Parking” refers to the temporary accommodation of vehicles, whether for a fee or as a service, including the vehicles of residential dwellers and their guests. “Office” refers to the provision of business, institutional or professional services. “Nonprofit services” refers to the provision of services by not for profit organizations. “Retail” refers to the sale of goods directly to the consumer. “Higher education” refers to universities, colleges, community colleges and graduate schools. “Landscaping” refers to the beautification of exterior terrain through planting of trees, flowers, shrubs and grasses, and installation of drainage and hard elements (without limitation, water fountains, arbors, trellises curbing, walkways and pavement). “High-density residential” refers to condominia, town homes, apartments, loft units or other multi-unit structures used as human dwellings. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property without investigation activities that meet with the Department of Environmental Quality’ (“DEQ’s”) written approval, including without limitation soil vapor sampling within the footprint of the planned building; and without a vapor barrier system and/or mechanical or passive vapor mitigation system the design of which is approved in writing in advance by DEQ. Within thirty 30 days following installation of the vapor barrier system and/or mechanical or passive vapor 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities that encounter, expose, remove or use groundwater or surface water (for example, installation of water supply wells, or fountains, ponds, lakes or swimming pools that encounter, expose, remove or use groundwater or surface water, or construction or excavation activities that encounter or expose groundwater or surface water) may occur on the Brownfields Property without prior sampling and analysis of groundwater or surface water 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 at the Brownfields Property at depths of less than 10 feet below ground surface may not be disturbed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. While such soil is disturbed, DEQ may inspect and sample, or require sampling of, the disturbed 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 in this Agreement 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: ______________________________________________________________ Soil at the Brownfields Property at depths of 10 feet or more below ground surface may not be exposed or disturbed, without prior written approval of DEQ. DEQ may inspect and sample for contaminants, or require sampling for contaminants, the soil proposed for exposure or disturbance. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No worker who may encounter contaminated soil at the Brownfields Property shall perform any activities at the Brownfields Property without current certification as to the applicable health and safety training required by Title 29, U.S. Code of Federal Regulations, Rule 1910.120, as amended. ☐ 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 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 in: products used for cleaning and other routine housekeeping activities; petroleum products used in vehicles put to normal use; products used in construction, maintenance or repair of facilities; and fuel for emergency generators stored in one or more double-walled aboveground storage tanks that DEQ determines are small-capacity and possess appropriately sized secondary containment. ☐ 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, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers (though child care may be offered for consumers of nonprofit services during times such services are being provided) or schools other than higher education institutions. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair of such well to DEQ’s written satisfaction and within a time period acceptable to DEQ. ☐ 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, which is to be conducted using reasonable efforts to minimize interference with legally compliant uses of the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year (except that a joint LURU may be submitted for owners of residences by a duly constituted homeowners’ association) shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Guilford County, certifying that, as of said January 1st, the Notice containing these land use restrictions remains recorded at the Guilford 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 information: ______________________________________________________________ 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 Information: ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 2 above are performing as designed, 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. ☐ 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 Guilford 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: _________________