22070_RSC Indian Trail_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2021Project:
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]
No use may be made of the Brownfields Property other than for industrial, office, retail, parking, and with prior written Department of Environmental Quality (“DEQ”) approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
“Industrial” defined as the assembly, fabrication, manufacturing (excluding chemical manufacturing operations), processing, warehousing or distribution of goods or materials.
“Office” defined as the provision of business or professional services.
“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/or
beverage products.
“Parking” defined as the temporary accommodation of motor vehicles in an area designed for same.
“Commercial” 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:
Any property owner, including the Prospective Developer when they become owner, shall comply with any and all owner requirements of the most current Resource Conservation and Recovery
Act (“RCRA”) Permit on the Brownfields Property and grant such access as necessary for the responsible party to complete assessment/remediation actions required by the DEQ Hazardous
Waste Section (“HWS”). This includes compliance with any land use restrictions previously placed on the Brownfields Property by previous owners as noted on the deed recorded in Book
446, Page 757 of the Union County register of deeds’ office. Said restrictions are attached as Exhibit 3to the Agreement.
In complianceOut of compliance
Remarks:
To the extent not addressed by the operator identified on the RCRA Permit, the then owner of the Brownfields Property shall maintain the current soil cover requirement at SWMU-5 and
SWMU-6 (SMWUs as denoted on the plat component of the Notice of Brownfields Property as referenced in paragraph 19 of the Agreement), as well as adequate vegetative growth to prevent
erosion on those SWMUs (40 CFR 264.117 - 120, 264.228, 264.310, and Part III - Post-Closure Care for the Regulated Unit(s) in the Hazardous Waste Management Post-Closure Permit). Any
modification or alternative to the cover or cap that is present as of the effective date of this Agreement must be preapproved in writing by NC Hazardous Waste Section and NC Brownfields
Program. To the extent not addressed by the operator identified on the RCRA Permit, 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 unless another schedule is approved by DEQ in writing. Said repairs shall be noted in the
Land Use Restriction Update described in LUR 20 below.
In complianceOut of compliance
Remarks:
If DEQ determines that Radiator Specialty Company (or the then-current operator identified on the RCRA Permit) will not complete implementation of the monitoring and remediation as outlined
in the then current HWS RCRA Permit for all or a portion of the Brownfields Property, DEQ may require the then current owner(s) of all or such portion of the Brownfields Property to
comply with said permit and conduct such assessment and/or remedial activities DEQ determines are necessary to make the Brownfields Property suitable for the uses specified in LUR 1
above while fully protecting public health and the environment, up to and including full compliance with the RCRA Permit should that become necessary, as determined by DEQ, noting the
provisions of NCGS §130A-310.37(7) (the “RCRA Work”).
In complianceOut of compliance
Remarks:
No disturbance or alteration of the slab within the existing building footprint(s), as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 19
of the Agreement, may occur unless in accordance with a DEQ-approved EMP, unless in connection with DEQ HWS activities, or unless in the case of emergency circumstances for repair of
underground infrastructure, in which case DEQ shall be provided written notice no later than the next business day and any related assessment and remedial measures required by DEQ shall
be taken.
In complianceOut of compliance
Remarks:
Groundwater at the Brownfields Property may not be used for any purpose other than in accordance with the RCRA Permit and the DEQ National Pollutant Discharge Elimination System (“NPDES”)
Permit No. NC0088838, without the prior written approval of DEQ.
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 inches provided that the planting occurs outside of any SWMU area;
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 in LUR 14.
Soil disturbed within the area of any SWMU as depicted on the plat component of the Notice of Brownfields Property referenced in Paragraph 19 of the Agreement shall also require the
prior written approval of the DEQ Hazardous Waste Section and be in accordance with the then current RCRA Permit, provided that DEQ Hazardous Waste Section-directed activities do not
require NC Brownfields Program approval and are hence exempt from this LUR.
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 in LUR 14 or in connection with DEQ HWS activities.
In complianceOut of compliance
Remarks:
No enclosed building may be constructed on the Brownfields Property and no existing building, defined as Buildings 1 through 9 depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 19 of the Agreement, may be occupied, including use for warehousing purposes, by the Prospective Developer or subsequent owners 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; or
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 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 and performance of said measures, and
to DEQ. 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 complianceOut of compliance
Remarks:
Surface waterat the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, the discharge of
treated groundwater water as outlined in the DEQ NPDES Permit No. NC0088838, or in connection with DEQ HWS activities, without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
Unless compliance with this LUR is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property
depicted on the plat component of the Notice referenced in paragraph 19 of the Agreement shall be in accordance with applicable legal requirements, including without limitation those
related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human
Services.
In complianceOut of compliance
Remarks:
Unless subject to different closure requirements under the RCRA Permit, not later than 180 days following the effective date of the Agreement (unless another schedule is approved by
DEQ in writing), any known USTs and ASTs containing regulated substances on the Brownfields Property that are not related to groundwater remediation activities as permitted by the RCRA
Permit, not closed in place, or not used for storing fuel oil for consumptive use on the Brownfields Property for heatingshall be removed and addressed to the written satisfaction 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 of 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); and
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment;
In complianceOut of compliance
Remarks:
No later than January 31 after each one-year anniversary of 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;
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 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 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 Union County land records, Book 8069, Page 585.” 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 paragraph:
(i) If every lease or 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 paragraph, 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 2 of 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;
in products or materials that are brought onto the Brownfields Property, kept in their original retail, packaging or containers (that is, not used or repackaged) and later removed from
the Brownfields Property in the original packaging or containers;
as constituents of products and materials customarily used or stored in office, retail, and parking environments, provided such products and materials are stored in original packaging
and used and disposed of in accordance with applicable laws; or
as compounds used to support uses of the Brownfields Property approved in this Agreement, as long as said compounds are stored on solid impervious surfaces and are subject to a site-specific
spill control plan prepared by the then owner of the Brownfields Property that includes monitoring for a release from stored/utilized materials (and approved in writing by DEQ prior
to placement on 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 this 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 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 LUR 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 referenced in paragraph 19 of the Agreement is recorded, the owner of any part of the Brownfields Property as of January
1stof that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Union County, certifying that, as
of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Union 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 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 10 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 4 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;
whether all products containing hazardous substances used or stored at the Brownfields Property are being managed in compliance with the plan referenced in LUR 18.f above; and
the data acquired from annual sampling as required from RCRA permit #NCD091245969.
A LURU submitted for rental units shall include all tenant names and addresses and enough of each lease entered into during the previous calendar year to demonstrate compliance with
lessee notification requirements in LUR 16 and paragraph 20 of the Agreement provided that if abstracts of leases are sent, rather than full copies of leases, or standard form leases
or riders are used in every instance, a copy of such abstract, standard form lease or rider may be sent in lieu of copies of actual leases.
In complianceOut of compliance
Remarks:

Notarized signing and submittal of this LUR Updateconstitutes certification that the Notice of Brownfields Propertyremains recorded at theCounty Register of Deeds offices and that the
LURsare 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: