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Home My WebLink About12034_Hanesbrands Theatre_LURUModel NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Hanesbrands Theatre 201 N. Spruce Street Project #: County: 12034-08-34 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 a multi-purpose event venue which can be configured to include a 300-seat theater, and associated practice rooms, classrooms, and office space, that hosts events including but not limited to theater, music and dance performances, film screenings, workshops, parties, fundraisers, lectures and readings. 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 contaminant plume. If the Department of Environmental Quality (“DEQ”) determines that the footprint of the proposed building would fall within 100 feet of said plume, it may not be constructed without: a.a vapor barrier system and/or mechanical or passive vapor mitigation system approved in writing by DEQ in advance, within 30 days after installation of which the vapor barrier system and/or mechanical or passive vapor mitigation system, 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 it; or Hanesbrands Theatre 12034-08-34 LUR Update b.an assessment of the risk posed by soil gas to potential users of the building that demonstrates to DEQ’s written satisfaction that no vapor barrier nor mitigation system is required. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Neither groundwater nor surface water at the Brownfields Property may be used, contacted or removed unless any sampling DEQ requires has been conducted, and any actions DEQ requires have been taken based on the sampling results, to ensure the Brownfields Property is suitable for the uses specified in Land Use Restriction 1 above and public health and the environment are fully protected. Such actions may include the capping or treatment of soil in situ and/or disposal of soil off-site. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Soil on the Brownfields Property at depths greater than 15 feet below ground surface may not be disturbed unless any sampling DEQ requires has been conducted, and any actions DEQ requires have been taken based on the sampling results, to ensure the Brownfields Property is suitable for the uses specified in Land Use Restriction 1 above and public health and the environment are fully protected. Such actions may include the capping or treatment of soil in situ and/or disposal of soil off-site. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5: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: ______________________________________________________________ Hanesbrands Theatre 12034-08-34 LUR Update LUR 6: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 7:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in the contaminant tables in 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 8:The Brownfields Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9: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 of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Hanesbrands Theatre 12034-08-34 LUR Update LUR 10: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 compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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 st officials of Forsyth County, certifying that, as of said January 1, the Notice remains recorded at the Forsyth 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. Insert information: ______________________________________________________________ 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. Insert information: ______________________________________________________________ c.whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 2 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. 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: __________________ Hanesbrands Theatre 12034-08-34 LUR Update \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________