The URL can be used to link to this page

Home My WebLink About14012_Austin Foods II_LURUModel_2011_11_17NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Austin Foods II Project #: 14012-10-092 Address: 411, 415 East Durham Road County: Wake 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 office, industrial, warehousing and, subject to prior written Department of Environmental Quality (“DEQ”) approval, other commercial purposes, except that the building designated “warehouse,” on the plat component of the Notice of Brownfields Property (“Notice”), may not be used for any purpose other than warehousing without DEQ's prior written approval. Within the meaning of this restriction, the following definitions apply: “Office” refers to the provision of business or professional services. “Industrial” refers to the manufacture, processing, cleaning, servicing, testing and/or repair of materials or products. “Warehousing” refers to the storage and distribution of products. “Commercial” refers to a business enterprise carried out for the profit of the owner, lessee or licensee. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use may be made of the Brownfields Property unless and until each of the following occurs: Indoor air at the Brownfields Property is sampled pursuant to a plan approved in writing in advance by DEQ, and DEQ determines in writing based on the sampling that potential health risks are such that the Brownfields Property is suitable for the uses specified in LUR 1 above and that public health and the environment are fully protected: or A human health risk assessment is submitted to DEQ, using October 12, 2010 data (available from DEQ) collected at the location designated “IAO-2” on the plat component of the Notice, that DEQ determines in writing indicates the Brownfields Property is suitable for the uses specified in LUR 1 above and that public health and the environment are fully protected. A surface water receptor survey, conducted 1,500 feet downstream from the Brownfields Property's stormwater basin, is submitted to DEQ that DEQ determines in writing reflects no risk of contaminants entering and flushing through the basin such that the Brownfields Property would be unsuitable for the uses specified in Land Use Restriction 1 above or public health and/or the environment would be less than fully protected. The well located within 1,500 feet of the Brownfields Property, at 400 East Chatham Street, Cary, NC, is sampled to DEQ's written satisfaction, unless documentation satisfactory to DEQ is produced that the well is no longer functional or that the property owner has declined sampling. If the well is sampled and DEQ determines the results reflect an exceedance of applicable standards, the proponent of the Brownfields Property's use shall effect abandonment of the well or provide documentation satisfactory to DEQ that the well's owner, though adequately informed, has declined abandonment. A minimum of six inches of surficial soil is removed from the area designated “Sauber Tract” on the plat component of the Notice, exclusive of any part of that tract where DEQ is satisfied removing soil would jeopardize the integrity of sidewalks or fence posts. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Other than in connection with the requirement at LUR 2.d. above, soil at the Brownfields Property may not be disturbed unless and until DEQ approves in writing a plan to dispose of or otherwise manage potentially contaminated soil to be disturbed in developing and maintaining the Brownfields Property, and to minimize worker exposure to such soil. One requirement of the plan shall be that any soil exposed by construction or maintenance activity must be covered with uncontaminated soil, stone, asphalt, concrete or other DEQ-approved material within 30 days after initial exposure or 21 days after completion of work which caused the exposure (excluding DEQ-approved weather delays), whichever occurs first. The approved plan shall be complied with. Moreover, no contiguous expanse of the Brownfields Property in excess of 5,000 square feet may be disturbed unless and until DEQ approves in writing a plan to control fugitive dust emissions and stormwater runoff from the disturbed soil on the Brownfields Property, which plan shall be complied with in the form in which DEQ approves it. The requirements of this restriction are in addition to any applicable pursuant to the Sedimentation Pollution Control Act, N.C.G.S.113 S 113A 50, et seq. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property until: DEQ determines in writing, based on submittals from the building's proponent, that the building's users, and public health and the environment, would not be at risk from the Brownfields Property's soil or groundwater contamination; or vapor mitigation measures approved in writing by DEQ in advance are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal, and photographs illustrating the installation and a brief narrative describing it are submitted to DEQ and deemed satisfactory in writing by that agency. ☐ 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 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 reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur if the contamination is addressed such that DEQ determines in writing that the risk has been eliminated. ☐ 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 through D above, 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 in sealed containers of products for retail sale which contain those contaminants. ☐ 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 for agricultural purposes, grazing 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. ☐ 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 later-installed, 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: ______________________________________________________________ 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: ______________________________________________________________ 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 Wake County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wake 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 soil vapor intrusion mitigation systems installed pursuant to LUR 4.b. 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 Wake 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: _________________