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Home My WebLink About20042_Pugh Tire_LURU ModelNC BROWNFIELDS Land Use Restrictions (“LUR”) UPDATE Year CertificationMade:2020Project: Project Number: Address:County:Property Owner (In part or whole)/Association: 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 or email: NC Division of Waste Management Attn: Brownfields Property Management Unit 1646 Mail Service Center Raleigh, NC 27699-1646 BFPropertyManagement@ncdenr.gov No use may be made of the Brownfields Property other than for high density residential, retail and associated parking, and, with advance written approval of the Department of Environmental Quality (“DEQ”), other commercial uses. For purposes of this restriction, the following definitions apply: High Density Residential defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and shall include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages; Retail defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and beverage products; Parking defined as the temporary accommodation of motor vehicles in an area designed for same; and Commercial defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. In complianceOut 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 complianceOut of compliance Remarks: Unless compliance with this LUR is waived in writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property 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 1 above while fully protecting public health and the environment. 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 is required. 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 in compliance with any written conditions DEQ imposes. Activities 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 1 above while fully protecting public health and the environment. In complianceOut of compliance Remarks: No activity that disturbs soil on the Brownfields Property 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 1 above while fully protecting public health and the environment, except: in connection with landscape planting to depths not exceeding 24”; mowing and pruning of above-ground vegetation; 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 and; in connection to work conducted in accordance with a DEQ-approved environmental Management Plan (“EMP”) as outlined below in LUR 9. In complianceOut of compliance Remarks: Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined below in LUR 9. In complianceOut of compliance Remarks: No enclosed building may be constructed on the Brownfields Property and noexisting building, defined as those depicted on the plat component of the Notice of BrownfieldsProperty, may be occupied until DEQ determines in writingthat: the building is or would be protective of the building's users, publichealth and the environment from risk of vapor intrusion based on site assessment data or a site specificrisk assessment approved in writing by DEQ; or the building is or would be sufficiently distant from the BrownfieldsProperty's groundwater and/or soil contamination based on assessment data approved in writingby DEQ that the building's users, public health and the environment will be protected from riskfrom vapor intrusion related to said contamination; or vapor intrusion mitigation measures are installed and/or implementedto the satisfaction of a professional engineer licensed in North Carolina, as evidenced by saidengineer's professional seal on a report that includes photographs and a description of theinstallation and performance of said measures. Any design specification for vapor intrusionmitigation measures shall be approved in writing by DEQ in advance of installation and/orimplementation of said measures. The design specifications shall include methodology(ies) fordemonstrating performance of said measures. In complianceOut 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 complianceOut of compliance Remarks: Unless compliance with this LUR is waived in writing inadvance by DEQ in relation to particular buildings, future demolition and/or renovation of any orall buildings on the Brownfields Property depicted on the plat component of the Noticeshall be in accordance with applicable legal requirements,including without limitation those related to lead and asbestos abatement that are administeredby the Health Hazards Control Unit within the Division of Public Health of the North CarolinaDepartment of Health and Human Services. In complianceOut of compliance Remarks: Physical redevelopment of the Brownfields Property may not occur other thanin accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approvedin writing by DEQ in advance (and revised to DEQ's written satisfaction prior to eachsubsequent redevelopment phase) that is consistent with all the other land use restrictions anddescribes redevelopment activities at the Brownfields Property, the timing of redevelopmentphases, and addresses health, safety and environmental issues that may arise from use of theBrownfields Property during construction or redevelopment in any other form, including withoutlimitation: soil and water management issues, including without limitation thoseresulting from contamination identified in the Environmental Reports; issues related to potential sources of contamination referenced inExhibit 2; contingency plans for addressing, including without limitation thetesting of soil and groundwater, newly discovered potential sources of environmentalcontamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soilcontamination); and plans for the proper characterization of, and, as necessary, disposal ofcontaminated soils excavated during redevelopment. In complianceOut of compliance Remarks: Neither DEQ, nor any party conducting environmental assessment orremediation at the Brownfields Property at the direction of, or pursuant to a permit, order oragreement issued or entered into by DEQ, may be denied access to the Brownfields Property forpurposes of conducting such assessment or remediation, which is to be conducted usingreasonable efforts to minimize interference with authorized uses of the Brownfields Property. In complianceOut of compliance Remarks: Any deed or other instrument conveying an interest in the BrownfieldsProperty shall contain the following notice: “This property is subject to the BrownfieldsAgreement attached as Exhibit A to the Notice of Brownfields Property recorded in the PittCounty land records, Book 3954, Page 712.” A copy of any such instrument shall be sent to thepersons listed in Section XV (Notices and Submissions), though financial figures and otherconfidential information related to the conveyance may be redacted to the extent said redactionscomply with the confidentiality and trade secret provisions of the North Carolina Public RecordsLaw. The owner may use the following mechanisms to comply with the obligations of thissubparagraph: (i) If every lease and rider is identical in form, the owner conveying an interestmay provide DEQ with copies of a form lease or rider evidencing compliance with thissubparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in SectionXV (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts ofleases, rather than full copies of said leases, to the persons listed in Section XV. In complianceOut of compliance Remarks: None of the contaminants known to be present in the environmental media atthe Brownfields Property, as described in Exhibit 2 of the Agreement and as modified by DEQin writing if additional contaminants in excess of applicable standards are discoveredat theBrownfields Property, may be used or stored at the Brownfields Property without the priorwritten approval of DEQ, except: in de minimisquantities for cleaning and other routine housekeeping andmaintenance activities; or in fluids in vehicles. In complianceOut 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 ofJanuary 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) toDEQ, and to the chief public health and environmental officials of Pitt County, certifying that, asof said January 1st, the Notice of Brownfields Property containing these land use restrictionsremains recorded at the Pitt County Register of Deeds office and that the land use restrictions arebeing complied with. The submitted LURU shall state the following: the name, mailing address, telephone and facsimile numbers, and contactperson's e-mail address of the owner submitting the LURU if said owner acquired any part of theBrownfields Property during the previous calendar year; and the transferee's name, mailing address, telephone and facsimilenumbers, and contact person's e-mail address, if said owner transferred any part of theBrownfields Property during the previous calendar year. LURU's submitted for any portion of the Brownfields Property thatcontains rental units shall include a list of tenants and their addresses. A LURU submitted for rental units shall include the rent roll and enough of each lease enteredinto during the previous calendar year to demonstrate compliance with lessee notificationrequirements in paragraphs 21 and 22 of the Agreement provided that if standard form leasesare used in every instance, a copy of such standard form lease may be sent in lieu of copies ofactual leases. In complianceOut of compliance Remarks: Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at theCounty Register of Deeds offices and that the LURs are being complied with. This LUR Update is certified by, the owner of at least part of the Brownfields Property, or if appropriate another entity on behalf of some or all owners, 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: 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 NotaryNotary’s printed or typed name, Notary Public(Official Seal)My commission expires: