22059_GlaxoSmithKline(Monsanto)_LURU Model

NC 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
[e-mail] use may be made of the Brownfields Property other than for office, industrial, laboratory, parking, open space, recreation, and with prior written approval
from the Department of Environmental Quality (“DEQ”), other commercial uses. For purposes of this restriction, the following definitions apply:
“Office” is defined as the provision of business or professional services to include food preparation and services for employees.
“Industrial” is defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials.
“Research laboratory” is defined as a facility that provides laboratory and clinical services for product development, academic purposes, or that supports manufacturing operations.
“Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same.
“Open Space” is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for storm water.
“Recreation” is defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including,
but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
“Commercial” is defined asan 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:
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by 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 herein and those previously
recorded and attached as Exhibit 3 to the Agreement,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 Agreement;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);
contingency plans related to sampling and managing soil, groundwater and surface water related to the installation or maintenance of storm water drain lines or walking trails; and
plans for the proper characterization of, and as necessary, disposal of contaminated soils excavated during redevelopment.
In complianceOut of compliance
Remarks:
Groundwater at the Brownfields Property may not be used for any purpose other than extracting, amending with injectant, and reinjecting into the aquifer under the authority of DEQ Injection
Permit WI 0501044, without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
During Brownfields Property use, the then owner shall maintain the current soil cover of 18 inches at SWMU 12 and 24 inches at SWMU 13 (SMWUs as denoted on the plat component of the
Notice of Brownfields Property), as well as adequate vegetative growth to prevent erosion on those SWMUs.  Any modification or alternative to the cover or cap that is present as of the
effective date of the Agreement must be preapproved in writing by NC Hazardous Waste Section and NC Brownfields Program.  The then owner shall effect the repair of any breaches or erosion
that impair the integrity of these covered or capped areas.  Said repairs must be initiated within 72 hours of their discovery per 40 CFR 761.61 (a)(7).  Said repairs shall be noted
in the Land Use Restriction update described in LUR 15 below.
In complianceOut of compliance
Remarks:
No soil impacted by PCBs as denoted on the plat component of the Notice of Brownfield Property shall be disturbed, moved, or disposed of without written approval from the NC Hazardous
Waste Section and the NC Brownfields Program, and nosoil may 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 above in LUR 3.
In complianceOut of compliance
Remarks:
No occupancy of anynewly constructed building on the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling
of areas that are not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways pursuant to a plan approved in writing by DEQ.
In complianceOut 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 of Brownfields Property, 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, including methane generated from the remediation of groundwater,

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 contaminationor methane generated from the remediation of groundwater; or
vapor intrusion mitigation measures are designed, installed, and implemented in a manner that will fully protect public health 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, quality assurance testing procedures,
and performance of said measures, and to DEQ. Any design specification and quality assurance testing procedures for vapor intrusion mitigation measures shall be approved in writing
by DEQ in advance of installation and/or implementation of said measures and procedures.
In complianceOut of compliance
Remarks:
By January 31st annually after the effective date of the Agreement,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 above, including;
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 complianceOut of compliance
Remarks:
Neither DEQ, nor any party conducting environmental assessment, remediation, or inspection 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, remediation, or inspection which is to be conducted using
reasonable 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 Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Durham County land records, Book 9014, Page 228.” A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this subparagraph:
(i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases,
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 at the Brownfields Property, as described in Exhibit 2of the Agreement 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 and maintenance activities;
as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators;
as compounds used in DEQ-approved remedial activities; or
as compounds used to support uses of the Brownfields Property approved in the Agreement such that said compounds are not located within 100 feet of a sampling location that has exhibited
those contaminants above applicable standards or screening levels, as long as said compounds are stored on solid impervious surfaces with secondary containment and distributed through
above-ground piping or any other form of above-ground transfer, and are subject to a site-specific spill control plan prepared by the then owner of the Brownfields Property such that,
should a release of those substances occur at the Brownfields Property, the subject contaminants in that release would be distinguishable from the subject contaminants in any known release
at the Brownfields Property that predates the Agreement.
In complianceOut 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 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 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 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 Durham County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Durham County Register of Deeds office and that the land use restrictions are being complied with. The submitted
LURU shall state the following:
the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner or board, association or approved entity submitting the LURU if said owner
or each of the owners on whose behalf the joint LURU is submitted 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;

whether any vapor barrier and/or mitigation systems installed pursuant to LUR 8.c 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; and
whether any soil caps installed pursuant to LUR 5 continue to be maintained in a condition that protects their integrity, and whether repairs of any breaches that impair the integrity
of these capped areas were performed, and if so, when and how.
A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
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: