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Home My WebLink About08002_Allison Manufacturing_LURUModel_2010_01_12 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Allison Manufacturing 930 Old Charlotte Road Project #: County: 08002-04-84 Stanly 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 light manufacturing, office and, with the Department of Environmental Quality’ (“DEQ”) prior written approval, other commercial purposes, as limited by these Land Use Restrictions and the following definitions: a.“Office” refers to the rendering of business or professional services. b.“Light Manufacturing” refers to the assembly, fabrication, storage, transportation or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or property where such assembly, fabrication or processing takes place, where such processes occur indoors, and where the area occupied by the outdoor storage of goods and material used in such processes does not exceed twenty-five (25) percent of the floor area of all the buildings on the property. c.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2: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: ______________________________________________________________ Allison Manufacturing (08002-04-84) LUR Update LUR 3: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 reasonably 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 4:Soil within the area denominated “Area of Possible Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”) may not be exposed 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 would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, or likely pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law or capped to the written satisfaction of DEQ. Provided, that emergency repair of underground infrastructure shall not be deemed to violate this Land Use Restriction, if DEQ is given written notice (if only by email) of any such repair no later than the next business day and any related assessment and remedial measures required by DEQ are taken. 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: ______________________________________________________________ Allison Manufacturing (08002-04-84) 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 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, and in paints and paint thinners used in the areas of the Brownfields Property designated “PAINT/PAINT THINNERS ALLOWED” on the plat component of the Notice. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8: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 9:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10: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: ______________________________________________________________ Allison Manufacturing (08002-04-84) LUR Update LUR 11: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 12:No building may be constructed on the Brownfields Property unless and until DEQ determines in writing whether it would lie within one hundred (100) feet of the Brownfields Property’s volatile contaminant plume as reflected in the most recent sampling results reasonably available to DEQ. If DEQ determines that the building would lie within one hundred (100) feet of said plume, the building may not be constructed until: a.an assessment of the risk posed by volatile contaminant vapor intrusion to potential users of the proposed building that demonstrates to DEQ’s written satisfaction that neither a vapor barrier nor mitigation system is required; or b.passive and/or active measures for mitigating the intrusion of volatile contaminant vapors into the new building (e.g., a vapor barrier system and/or mechanical or passive vapor barrier mitigation system) are planned and implemented to DEQ’s written satisfaction. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13: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 14: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: ______________________________________________________________ Allison Manufacturing (08002-04-84) LUR Update LUR 15:During January of each year after the year in which the Notice referenced in paragraph 19 of the Brownfields Agreement is recorded, the owner of any part of the Brownfields st Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the head of the Stanly County Department of Environmental Health (currently at 1000 N. First Street, Suite 13-A, Albemarle, NC, 28001), certifying that the Notice remains recorded at the Stanly 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 mitigation measures implemented pursuant to Land Use Restriction 12 above are performing as designed, and whether the uses of the ground floors of any buildings where such measures have been implemented 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 Stanley County Register 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: ___________________ Allison Manufacturing (08002-04-84) LUR Update NORTH CAROLINA STANLY 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: _________________