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Home My WebLink About09004_Scotland Memorial Hospital_LURUModel_2009_10_06 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Scotland Memorial Hospital 600 McLean Street Project #: County: 09004-05-83 Scotland 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 community college-related job-training facility and for open space and/or a greenway and/or a park. For purposes of this restriction, the following definitions apply: a.Job-Training Facility: An institutional use where individuals are provided skills with which to obtain full-time employment. Institutional use refers to the use of land, buildings or structures for public, non-profit or quasi-public use. b.Open Space: an area of open space within a development site designed and intended for the use and enjoyment of the general public. c.Greenway: a linear open space along a natural or constructed corridor, which may be used for pedestrian or bicycle passage. Greenways often link areas of activity, such as parks, cultural features or historic sites, with each other and with populated areas. d.Park: land owned by the public and open for use by the public for active or passive recreational purposes, or as a refuge for wildlife. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Scotland Memorial Hospital (09004-05-83) LUR Update LUR 2:Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). 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 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: ______________________________________________________________ LUR 4:Soil on the Brownfields Property below a depth of four (4) feet 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, the disturbed 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 LUR 1 above 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Scotland Memorial Hospital (09004-05-83) LUR Update 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 the groundwater and soil contaminants listed in Tables A and B of 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 for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Brownfields Property may not be used as a playground or for organized sports without the prior written approval of DEQ, or for child care centers or schools other than the aforementioned community college-related job-training facility. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Scotland Memorial Hospital (09004-05-83) LUR Update LUR 10: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: ______________________________________________________________ LUR 11:If and when the owner of any portion of the Brownfields Property containing any groundwater monitoring wells, injection wells, recovery wells, piezometers or other man-made points of groundwater access receives approval from DEQ’s UST Section to abandon such points, within thirty (30) days thereafter the subject owner shall notify DEQ that it is ready to effect abandonment in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code. Unless DEQ, within ten (10) days of receiving such notification, requires said owner in writing to refrain from abandonment, the owner shall effect the abandonment and shall, within thirty (30) days after concluding abandonment, provide DEQ a report setting forth the procedures and results. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:During January of each year after the year in which the Notice is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized LURU to DEQ, with a copy to the chief environmental and health officials of Scotland County, certifying that, as of said January 1st, the Notice containing these land use restrictions remains recorded at the Scotland County Register of Deeds office, and that the land use restrictions are being complied with. 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: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] Scotland Memorial Hospital (09004-05-83) LUR Update By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA SCOTLAND 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: _________________