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Home My WebLink About08030_L I Building_LURUModel_2009_12_11 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: L. I. Building 449 Trollingwood Road Project #: County: 08030-04-01 Alamance 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, as limited by the other land use restrictions below, other than for industrial, sales/distribution and, with prior written Department of Environmental Quality (“DEQ”) approval, other commercial purposes. The following definitions apply for purposes of this restriction: a.“Industrial” refers to manufacturing, which may involve assembly, fabrication, storage, transportation or processing of goods or materials using processes that may produce greater than average (though legally compliant) impacts on the environment such as noise, smoke, fumes, vibration, dust, odors, glare, emissions or health or safety hazards outside of the building(s) where such processes occur. b.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:With the exception of buildings that are not enclosed (for example, an open parking garage), no building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to volatile contaminant plumes, as reflected in the most recent sampling results reasonably available to DEQ. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within one hundred (100) feet of said plume, it may not be constructed until Prospective Developer: a.installs a vapor barrier system and/or mechanical or passive vapor barrier mitigation system based on the sampling results referenced above and approved in writing by L. I. Building (08030-04-01) LUR Update DEQ in advance, within 30 days following which 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 b.prepares an assessment of the risk posed by soil gas to potential users of the building that demonstrates to DEQ’s written satisfaction that neither a vapor barrier nor mitigation system is required. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ 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 applicable North Carolina 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 the Brownfields Agreement (“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. L. I. Building (08030-04-01) LUR Update 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: ______________________________________________________________ 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 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; in fuel (e.g., for support vehicles, equipment or backup generators); in no. 2 fuel oil stored in a 6,800-gallon double-walled aboveground storage tank (“AST”); or in used oil stored in a 1,800-gallon AST and a 2,500 gallon AST, both of which possess secondary containment. All three ASTs appear on the plat component of the Notice. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:With the exception of the basketball court shown on the plat component of the Notice, 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: ______________________________________________________________ L. I. Building (08030-04-01) LUR Update LUR 9:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production, except timbering related to redevelopment of the Brownfields Property that is approved in writing in advance by 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: ______________________________________________________________ LUR 11:The Brownfields Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The owner of any portion of the Brownfields Property where any existing or later 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 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. L. I. Building (08030-04-01) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 14: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 December 1 of the prior year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that the Notice remains recorded at the Alamance 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 name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of any transferee, including lessees, 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: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ L. I. Building (08030-04-01) LUR Update NORTH CAROLINA ALAMANCE 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: _________________