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Home My WebLink About12013_Wix Filtration_LURUModel_2010_12_13 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: WIX Filtration – Allen Plant 2900 Northwest Boulevard Project #: County: 12013-08-36 Gaston 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 industrial purposes. “Industrial,” within the meaning of this restriction, refers to any use of the Brownfields Property that complies with applicable zoning and any other local land use controls, as amended, that are adopted under N.C.G.S. 160A, Article 19 and/or N.C.G.S. 153A, Article 18; provided, that if DEQ determines one or more of the activities allowed under said controls 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, the Department of Environmental Quality (“DEQ”) may amend this definition such that it is consistent with provisions of said controls that are restrictive enough to fully protect public health and the environment at the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2: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 organic contamination. If DEQ determines that the footprint of a proposed building would fall within 100 feet of said contamination, it may not be constructed without: a.installation of a vapor barrier system and/or mechanical or passive vapor mitigation system approved in writing in advance by DEQ, followed, within 30 days after installation, by certification to DEQ of proper installation under the seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it; or WIX Filtration – Allen Plant (12013-08-36) LUR Update b.investigation activities including, without limitation, soil gas samples performed to DEQ’s written satisfaction, which DEQ determines in writing demonstrate that neither a vapor barrier system nor a mechanical or passive vapor mitigation system is needed for the Brownfields Property to be and remain suitable for the uses specified in LUR 1 above and for public health and the environment to be fully protected. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Materials that DEQ is satisfied minimize surface temperatures (as further described in paragraph 13 of the Brownfields Agreement \[“Agreement”\]) shall be used in any roofing done on the Brownfields Property, unless DEQ waives this requirement in writing, in advance, regarding particular roofing. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No activities that encounter, expose, remove or use groundwater for any purpose unrelated to DEQ-overseen assessment or remediation of contamination 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 contamination that DEQ determines may make any part of the Brownfields Property unsuitable for the uses specified in LUR 1 above or render public health and the environment less than fully protected, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ imposes in order to eliminate that possibility, 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: ______________________________________________________________ “Contaminated Subsurface Soil Area” LUR 5:Soil within the area denominated (an area that includes a 100-foot buffer), on the plat component of the Notice of Brownfields Property (“Notice”), may not be exposed in excess of five (5) feet below ground surface without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines may make any part of the Brownfields Property unsuitable for the uses specified in LUR 1 above or render public health and the environment less than fully protected, any actions that DEQ requires to eliminate that possibility, including without limitation removal and disposal in accordance with WIX Filtration – Allen Plant (12013-08-36) LUR Update applicable law of as much soil as DEQ requires and/or capping of soil to the written satisfaction of DEQ, shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No basement that is not indicated on the plat component of the Notice may be constructed on the Brownfields Property without the prior written approval of DEQ on such conditions as DEQ imposes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7: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, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning, maintenance and other routine housekeeping activities or in commercially available products used on the Brownfields Property in compliance with all applicable laws in the normal course of business, and in vehicles on the Brownfields Property, with this proviso: Up to 10,000 gallons of commercially available paint containing no more than 10% toluene and/or de minimis amounts of ethylbenzene may be used and stored at the Brownfields Property by the current tenant (Wix Filtration Corp LLC) or its affiliates, so long as such paint is: a.stored in the room designated “Chemical Storage Room” (on solid surfaces with secondary containment), in the building designated “Land Use Restriction 7 Building,” on the plat component of this Notice; b.stored in totes, defined as transportable metal or plastic boxes, commercially used for paint transport and storage and holding approximately 330 gallons, that DEQ considers commercial-grade; c.used only in the aforesaid “Land Use Restriction 7 Building” on solid surfaces with secondary containment; and d.distributed through above-ground piping. Any spills of such paint shall be immediately reported to DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ WIX Filtration – Allen Plant (12013-08-36) LUR Update LUR 8:The owner of any portion of the Brownfields Property containing any DEQ- approved monitoring wells may abandon said well(s) if DEQ issues prior written approval. The owner of any portion of the Brownfields Property where any existing or later-installed DEQ- approved monitoring well is damaged shall be responsible for repair, replacement or abandonment, at DEQ’s discretion, of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9: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 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 following a reasonable effort to notify at least one (1) owner of the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Gaston County, certifying that, as of said January 1st, the Notice remains recorded at the Gaston County Register of Deeds office and that the land use restrictions are being complied with, and stating: a.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. ______________________________________________________________ b.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. ______________________________________________________________ c.any spills of the paint referenced in Land Use Restriction 7 above during the previous calendar year. ______________________________________________________________ WIX Filtration – Allen Plant (12013-08-36) LUR Update 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 GASTON 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: _________________