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Home My WebLink About12003_Sun Chemical Facility_LURUModel_2011_08_08 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Sun Chemical Facility 1100 Fairchild Road Project #: County: 12003-08-34 Forsyth 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Brownfields Property other than for office, general industrial and, if the Department of Environmental Quality (“DEQ”) issues prior written approval, other commercial purposes, all as limited by the other land use restrictions below. For purposes of this restriction, the following definitions apply: a. “General industrial” refers to that term as it is used in the Unified Development Ordinance of Forsyth County, North Carolina; provided, that if DEQ determines that one or more of the activities allowed by as “General industrial” thereunder are not suitable for some or all of the Brownfields Property in that engaging in them is rendering or would render public health and the environment less than fully protected, DEQ may amend the definition such that it is consistent with provisions of the subject ordinance that are restrictive enough to fully protect public health and the environment at the Brownfields Property. b.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Sun Chemical Facility (12003-08-34) LUR Update LUR 2: The owner(s) of the portion(s) of the Brownfields Property containing the two (2) affected buildings shall, on the days(s) mandated for sampling in the plan required by paragraph 12 of the Brownfields Agreement (“Agreement”), be responsible for complying with the referenced plan on that/those day(s). If the required sampling reflects contaminant levels that may expose users of either building to risks that DEQ determines are unacceptable, the relevant owner shall submit to DEQ a vapor mitigation plan, including a schedule, and shall implement said plan in the form in which it is approved in writing by DEQ. DEQ shall alter or terminate the sampling and/or mitigation requirement if it subsequently determines that the subject requirement(s) are not necessary in order for the Brownfields Property to remain suitable for the uses specified in land use restriction 1 above. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:No building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within one hundred (100) feet of said plume, it may not be constructed without a vapor barrier and/or mechanical or passive vapor mitigation system approved in writing by DEQ in advance. Within 30 days after installation of the vapor measures, DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing the mitigation system. With DEQ’s prior written approval, additional investigation activities including, without limitation, soil gas samples performed to DEQ’s written satisfaction, may be conducted, and installation of a mitigation system possibly excused, so long as the proponent makes an advance written commitment to install a mitigation system if DEQ so requires based on review of a report DEQ deems adequate of the investigation activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Surface water and underground 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: ______________________________________________________________ Sun Chemical Facility (12003-08-34) LUR Update LUR 5: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 disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ imposes, including at a minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7: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: ______________________________________________________________ LUR 8:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A, B and C of the Notice of Brownfields Property (“Notice”), 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Except for occasional recreational use by Brownfields Property-based employees that DEQ remains satisfied is occasional, the Brownfields Property may not be used as Sun Chemical Facility (12003-08-34) LUR Update 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: ______________________________________________________________ LUR 10:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Brownfields Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The Brownfields Property may not be used for kennels, private animal pens or horse-riding without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13: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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 14:No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be Sun Chemical Facility (12003-08-34) LUR Update 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: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the County Register \[Enter County\] 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 FORSYTH 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: _________________