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Home My WebLink About14021_Deal Motors_LURUModel_2012_01_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Deal Motors 136 Merrimom Avenue Project #: County: 14021-10-11 Buncombe 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 as the site of a grocery store and other retail businesses (including restaurants), entertainment venues, offices and contiguous parking areas and service drives, all as limited by the other LURs below and applicable zoning. For purposes of this restriction, the following definitions apply: a.“Retail” refers to the sale of goods directly to the consumer. b.“Office” refers to the rendering of business or professional services. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Unless compliance with this LUR is waived in writing by the Department of Environmental Quality (“DEQ”) in advance, no use of the Brownfields Property may occur prior to demolition of all buildings depicted on the plat component of the Notice of Brownfields Property (“Notice”) in accordance with applicable legal requirements, including without limitation those administered by the Lead and Asbestos Abatement Program of the North Carolina Department of Health and Human Services. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Deal Motors 14021-10-11 LUR Update LUR 3:No building may be constructed on the Brownfields Property until the UST Section of DEQ has issued a “No Further Action” letter regarding the hydraulic lift and contaminated soil removal. Should the UST Section require a Notice of Residual Petroleum regarding the Brownfields Property, DEQ may require installation in any proposed building of a vapor mitigation system approved in writing by DEQ in advance. Within 30 days after implementation of any such system, DEQ shall be provided certification, under seal of a professional engineer licensed in North Carolina, that the system was installed in the form approved by DEQ, as well as photographs illustrating the installation and a brief narrative describing it. If DEQ issues prior written approval, additional investigation activities including, without limitation, soil gas samples, performed to DEQ’s written satisfaction, may be conducted, and implementation of a vapor 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: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: ______________________________________________________________ LUR 5: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 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A and B 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 and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Deal Motors 14021-10-11 LUR Update LUR 7:The Brownfields Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8: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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9: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 Buncombe County, certifying that, as of said January 1, the Notice remains recorded at the Buncombe 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. __________________________________________________________________ __________________________________________________________________ ________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Deal Motors 14021-10-11 LUR Update 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 BUNCOMBE 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: _________________