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Home My WebLink About13004_Virkler Facility II_LURUModel_2010_11_08 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Virkler Facility II 1010 Pressley Road Project #: County: 13004-09-60 Mecklenburg 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 manufacturing, warehousing and related office functions, conducted in compliance with the other Land Use Restrictions. For purposes of this restriction, the following definitions apply: a.“Manufacturing” refers to the assembly, fabrication or processing of goods and materials using processes that may have greater than average, though legally compliant, impacts on the environment or on the use and enjoyment of adjacent property because of noise, smoke, fumes, odors, glare, or health and safety hazards; or that may involve outdoor storage of goods and material used in the assembly, fabrication or processing on an area exceeding 25 percent of the floor area of all buildings on the Property. b.“Warehousing” refers to the storage and distribution of products. c.“Office” refers to the provision of business or professional services. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:When actions are required by the plan mandated by paragraph 13 of Exhibit A, it shall be the responsibility of the then owner(s) of the portions of the Brownfields Property containing buildings appearing on the plat component of the Notice of Brownfields Property (“Notice”) referenced in paragraph 20 of Exhibit A to take said actions. If volatile organic compound (“VOC”) sampling pursuant to that plan indicates to the Department of Environmental Quality (“DEQ”) that VOC levels present an unacceptable risk to building users, the subject owner shall submit a vapor mitigation plan, including a schedule, for DEQ approval and shall implement Virkler Facility II 13004-09-60 LUR Update said plan as approved in writing by DEQ. DEQ shall alter or terminate the testing and/or sampling requirement if it determines that it is not necessary in order for the Brownfields Property to remain suitable for the uses specified in Land Use Restriction No. 1. 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 would fall within 100 feet of said plume, 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 b.investigation activities including, without limitation, soil gas samples and indoor air 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 Land Use Restriction No. 1. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No activities that encounter, expose, remove or use surface water or 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: ______________________________________________________________ Virkler Facility II 13004-09-60 LUR Update LUR 5:To minimize exposure to shallow soil potentially contaminated with volatile organic compounds and the infiltration of water into the ground, each succeeding owner of the portion(s) of the Brownfields Property containing buildings appearing on the plat component of the Notice referenced in paragraph 20 of Exhibit A shall be responsible for renovating and maintaining the foundations of said buildings to DEQ’s satisfaction, and for constructing if DEQ determines it necessary, and maintaining, surfaces surrounding said buildings to DEQ’s satisfaction. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:Soil on the Brownfields Property beneath buildings appearing on the plat component of the Notice referenced in paragraph 20 in Exhibit A, and in the “Area of Potential Soil Contamination” as designated on said plat, may not be disturbed 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 disturbed, DEQ may inspect and sample, or require sampling of, said soil for contaminants. If soil contamination is discovered that DEQ determines may make the Brownfields Property unsuitable for the uses specified in Land Use Restriction No. 1 and may leave public health and the environment less than fully protected, as much soil as DEQ requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ requires to make the Brownfields Property suitable for the subject uses while fully protecting public health and the environment shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7: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: ______________________________________________________________ Virkler Facility II 13004-09-60 LUR Update LUR 8: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 9:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in paragraph 8 of Exhibit A, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in properly stored products that contain the contaminants in quantities not exceeding 15 gallons and used only for routine cleaning, housekeeping, warehousing and manufacturing. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Brownfields Property may not be used as 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 11:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Virkler Facility II 13004-09-60 LUR Update LUR 12: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 13: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 14: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 15: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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Virkler Facility II 13004-09-60 LUR Update LUR 16:During January of each year after the year in which the Notice referenced below in paragraph 20 of Exhibit A is recorded, the owner of any part of the Brownfields Property as of st January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that, as of said certification, the Notice of Brownfields Property containing these Land Use Restrictions remains recorded at the Mecklenburg 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.whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction No. 2 and No. 3 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. ______________________________________________________________ d.whether surfaces and building foundations subject to Land Use Restriction No. 5 remain intact and free of cracks, and are being maintained, such that exposure to soil vapor or underlying soil, and infiltration of water to the subsurface, are prevented. ______________________________________________________________ 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: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] Virkler Facility II 13004-09-60 LUR Update By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA MECKLENBURG 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: _________________