17061_Phoenix Recycle_Havelock_LURU21

NC BROWNFIELDS
LAND USE RESTRICTIONS ("LUR") UPDATE
Name: Phoenix Recycling
Project#: 17061-13-025
Year Certification Made: 2021
Address: US Hwy 70 & Pine Grove Rd.
County: Craven
Property Owner (In part or whole): City of Havelock
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
LUR 1: No use may be made of the Property other than for residential, recreational use,
open space, and a transportation connector. For purposes of this restriction, the following
definitions apply:
1. Residential Use -refers to use for a permanent dwelling of any single-or multi-
unit building;
IL Recreational Use -Public or private golf courses, swimming pools, tennis courts,
ball fields, ball courts, and similar uses which are not enclosed in buildings and are
operated on a municipal, commercial or membership basis;
m. Open Space -An area of open space within a development site designed and
intended for the use and enjoyment of the general public; and
iv. Transportation Connector -An area that is predominantly used for vehicular
transportation. This area may also contain pedestrian walkways, utility easements,
railroad crossings, and/or on-street parking areas.
IZI In compliance D Out of compliance
Remarks:
LUR 2: Surface water and groundwater at the Property may not be used for any purpose
without the prior written approval of the Department of Environmental Quality ("DEQ").
IZI In compliance D Out of compliance
Remarks:
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Phoenix Recycling (#17061-13-025) LUR Update
LUR 3: Soil on the Property not covered by the cap or clean fill required in paragraph
12 of the Brownfields Agreement ("Agreement"; aka: Exhibit A to the Notice of Brownfields
Property), or by impervious surfaces, may not be disturbed unless and until DEQ states in writing,
in advance of the proposed disturbance, that the disturbance may proceed, if carried out along with
any measures DEQ deems necessary in connection with the proposed disturbance to avoid
rendering the Property unsuitable for the uses specified in LUR 1 above or public health or the
environment less than fully protected. This restriction shall not apply to routine disturbances
associated with the use and maintenance of the areas containing such soil or emergency activities
that may be needed.
IZI In compliance D Out of compliance
Remarks:
LUR 4: The cap and cover of clean fill required in paragraph 12 of the Agreement must
be maintained to specifications approved by DEQ.
IZI In compliance D Out of compliance
Remarks:
LUR 5: No building may be constructed on the Property unless and until DEQ
determines in writing that:
L it is demonstrated to DEQ's written satisfaction through a site-specific risk
assessment, that the building is protective of the building's users, public health and
the environment from risk of vapor intrusion;
11. the building would be sufficiently distant from the Property's groundwater
contamination and/or methane gas or any other explosive landfill gas that the
building's users, public health and the environment will be protected from risk from
vapor intrusion or explosive hazards related to said contamination; or
111. a plan for a vapor intrusion mitigation system and methane monitoring system,
unless all waste material has been removed, approved in writing by DEQ in advance
and including a proposed performance assessment prior to the building's use for
demonstration of the system's protection of the building's users, public health and
the environment from risk from vapor intrusion, is implemented to the satisfaction
of a North Carolina-licensed professional engineer as reflected by implementation
documentation sealed by said engineer.
IZI In compliance D Out of compliance
Remarks:
Phoenix Recycling (#17061-13-025) LUR Update
LUR 6: No mining may be conducted on or under the Property, including, without
limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances.
IZI In compliance D Out of compliance
Remarks:
LUR 7: None of the contaminants known to be present in the environmental media at the
Property, including those appearing in Exhibit 2 to the Agreement, may be used or stored at the
Property without the prior written approval of DEQ, except in de minimis amounts for cleaning
and other routine housekeeping activities.
IZI In compliance D Out of compliance
Remarks:
LUR 8: The Property may not be used for agriculture, grazing, timbering or timber
production.
IZI In compliance D Out of compliance
Remarks:
LUR 9: The owner of any portion of the 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.
IZI In compliance D Out of compliance
Remarks:
LUR 10: Neither DEQ, nor any party conducting environmental assessment or
remediation at the Property at the direction of, or pursuant to a permit, order or agreement issued
by or entered into by DEQ, may be denied access to the 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 Property.
Phoenix Recycling (#17061-13-025) LUR Update
IZI In compliance D Out of compliance
Remarks:
LUR 11: During January of each year after the year in which the Notice is recorded, the
owner of any part of the 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 Craven County, certifying that, as of said January 151, the Notice of Brownfields Property
containing these land use restrictions remains recorded at the Craven County Register of Deeds
office and that the land use restrictions are being complied with. A joint LURU may be submitted
for multiple owners by a duly constituted board or association, or another entity approved in
advance by DEQ. The LURU shall include:
1. 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 Property during the previous calendar year.
IL the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner (or each of the owners on whose
behalf the joint LURU is submitted) transferred any part of the Property during the
previous calendar year.
111. whether any vapor barrier and/or mitigation systems installed pursuant to LUR
No.5 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.
IZI In compliance D 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 Craven County Register of
Deeds office and that the Land Use Restrictions are being complied with.
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Phoenix Recycling (#17061-13-025) LUR Update
This Land Use Restrictions Update is certified by City of Havelock, owner of at least part of the
Brownfields Property on this 27th day of January, 2021.
Name typed or printed of party making certification: Frank P. Bottorff
[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]
NORTH CAROLINA
lJrtJ.AJll1 COUNTY
By: <::J. //3 ~ (signature)
Name typed ~an I;. P. ffotfvrP.P
Title typed or printed: (J1tJ J11an~f.(Je.r-"
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 }he capacity indicated: fiartk P Bolfm:/1£ Ct 0J h1:Vl~ e,,v
Date: f) J / J. 7 I J. / ----'<;::::~· ~~-~~----"-----"~
(Official Seal)
Offici 1 Signature of otary
Notary's printed or typedame, Notary Public
My commission expires: JD//¢ 2.. (