HomeMy WebLinkAbout19047_Performance Fibers_LURU Model_20171024NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Performance Fibers
Project #: 19047-15-019
Address: 338 Pea Ridge Road
County: Chatham
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 warehousing operations, office, industrial, and commercial business use, including operation of the onsite wastewater treatment
plant and water treatment plant to support both future onsite and offsite industrial or manufacturing operations. For purposes of this restriction, the following definitions apply:
“Warehousing” is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers
to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity.
“Office” is defined as the provision of business or professional services.
“Industrial” is defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials.
“Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by the Department of Environmental Quality (“DEQ”), with an Environmental Management
Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land
use restrictions and describes redevelopment activities at the Brownfields
Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment
in any other form, including without limitation:
soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2 to the Brownfields Agreement (“Agreement”, aka: Exhibit A);
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
By January 31st for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings,
that describes:
actions taken on the Brownfields Property in accordance with Section V: Work to be Performed of the Exhibit A;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be
contaminated with regulated substances; and
removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests
shall be included).
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
In addition to the existing land use restriction recorded on the Brownfields Property, groundwater at the Brownfields Property may not be used for any purpose 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, other than in connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No activity that disturbs soil on the Brownfields Property outside of the perimeter of the area of demolished manufacturing infrastructure as delineated on the plat component of the
Notice of Brownfields Property (“Notice”) may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with
any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in LUR No. 1 above while fully protecting public health and the environment,
except:
in accordance with an approved Environmental Management Plan as required by LUR No. 2 above;
in connection with landscape planting at a depth of 24 inches;
mowing and pruning of above-ground vegetation; and
for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No activity that disturbs soil on the Brownfields Property in the Area of Potential Soil Contamination, i.e., soil that lies within the perimeter of the area of demolished manufacturing
infrastructure and below the former manufacturing plant buildings as delineated on the plat component of the Notice, may occur unless and until DEQ approves in writing in advance of
the proposed disturbance, a plan with a schedule for its implementation, for such disturbance and that such disturbance will be carried out along with any measures DEQ deems necessary
in connection with the proposed disturbance to avoid rendering the Brownfields Property unsuitable for the uses specified in LUR No. 1 above or public health or the environment less
than fully protected. Such a plan will include items LUR No. 8.a. through 8.d. as germane, and shall be implemented as described in LUR 8.e. below:
assessment of soil formerly inaccessible due to the manufacturing plant infrastructure;
representative final grade soil sampling of those areas that are not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways within the former
manufacturing plant area of the Brownfields Property delineated on the plat component of the Notice;
capping or paving (with asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other impervious material approved in writing in advance by DEQ); or
remediation and/or removal of sufficient soil to satisfy DEQ that the Brownfields Property is suitable for the uses specified in LUR No. 1 above and that public health and the environment
are fully protected despite any remaining soil contamination, as determined by satisfactory confirmatory sampling; and
a written report regarding implementation of the plan, submitted no later than 30 days following implementation completion, and correction of any deficiencies DEQ identifies in the report
or in implementation of the plan within 30 days after DEQ provides written notice of any deficiencies.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice, may be occupied until DEQ
determines in writing that:
the building is or would be protective of the building’s users, public health and the environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment
approved in writing by DEQ;
the building is or would be sufficiently distant from the Brownfields Property’s groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building’s
users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or
vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional
seal on a report that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures
shall be approved in writing by
DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance of said measures.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 to the Exhibit A, and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval
of DEQ, except:
in de minimis quantities for cleaning and other routine housekeeping activities; or
as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable liquid storage containers
totaling no more than 25 gallons.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property may not be used for kennels, private animal pens or horse-riding unless approved in writing in advance by DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Prior to reuse of the onsite pond system, Prospective Developer, or the then owner of the Brownfields Property, shall submit: 1) documentation to DEQ that pond sediment and sludge collected
from past operations have been removed and properly disposed of; 2) documentation of the completed modified wastewater treatment plant permit; and 3) a plan to DEQ for placing institutional
controls that prevent access and/or use of the on-site ponds, basins, or
lagoons denoted on the survey plat (Exhibit B). Such a plan may include, without limitation, physical barriers such as fencing, and/or the posting of signs prohibiting activities that
include fishing, wading, swimming, and boating, and shall be implemented within 30 days after written approval of DEQ is granted. If the WWTP is decommissioned prior to operation for
any reuse then closure of the WWTP facility shall be in keeping with permitting agency requirements and copies of that closure documentation shall be provided to DEQ as attachments
to the annual report.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered
into 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 authorized uses of the Brownfields Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “The Property which is the subject of this instrument is subject to
the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Chatham County land records, Book 1946, Page 96.” A copy of any such instrument
shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit A, though financial figures related to the conveyance may be redacted. Prospective Developer
may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, Prospective Developer may provide DEQ with copies
of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notices and Submissions)
of Exhibit A; or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV of Exhibit A.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Within 60 days after the effective date of the Agreement or prior to land disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells,
piezometers and other man made points of groundwater access at the Brownfields Property. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting
forth the procedures and results.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The owner of any part of the Brownfields Property shall comply with all restrictions placed on the Brownfields Property by previous owners as noted on the deed recorded in Book 1149
Page 131 of the Chatham County register of deeds’ office on December 22, 2004. Those restrictions are recorded as follows:
No portion of the property shall be used or occupied, either temporarily or permanently, for any residential use of any kind or nature including any use of the property by individuals
or families for purposes of personal living, dwelling, or overnight accommodations, whether in single family residences, apartments, duplexes, or other multiple residential dwellings,
trailers, trailer parks, camping sites, motels, hotels or any other dwelling of any kind.
Groundwater underneath the property shall under no circumstances be used for human consumption.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Subsequent to the work required in LUR No. 16, the owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged
by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance
with this land use restriction is waived in writing by DEQ in advance.
☐ 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 shall submit a notarized
Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Chatham County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Chatham 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;
______________________________________________________________
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;
______________________________________________________________
whether any vapor barrier and/or mitigation systems installed pursuant to LUR No. 9 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;
______________________________________________________________
whether any soil caps installed pursuant to LUR No. 8 above are being maintained such that they are intact, uncompromised, in good condition and continuing to serve as barriers to the
soil contamination in relation to which they were installed; and
______________________________________________________________
whether any violations of the NPDES permit for the operation of the wastewater treatment plant have been received in the prior year.
______________________________________________________________
☐ 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 Chatham 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: _________________