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Home My WebLink About09005_Canac Kitchens_LURUModel_2009_08_28 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Canac Kitchens 607 Meacham Road Project #: County: 09005-05-49 Iredell 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, offices, warehousing and parking. For purposes of this restriction, the following definitions apply: a.“Manufacturing” refers to the assembly, fabrication or processing of goods or materials using processes that produce no more than legally compliant noise, smoke, fumes, vibration, dust, odors, glare, emissions or health or safety hazards outside of the building or property where such assembly, fabrication or processing takes place. b.“Offices” refers to structures where business or professional services are conducted or rendered. 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 the Department of Environmental Quality (“DEQ”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Canac Kitchens (09005-05-49) 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 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 underlying paved and other impervious surfaces and buildings at the Brownfields Property, and soil at the Brownfields Property within the area denominated “CONTAMINATED” on the plat component of the Notice of Brownfields Property (“Notice”), may not be exposed without prior sampling and analysis, to DEQ's written satisfaction, of soil proposed to be exposed. If screening or sampling results disclose contamination that DEQ determines may make the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1.a. above, the soil may not be exposed without the prior written approval of DEQ on such conditions as it imposes. Such conditions shall include, at a minimum, compliance with plans and procedures designed to protect public health and the environment during the activities that would expose such soil. If DEQ determines, based on sampling it may require or any other means, that the exposed soil contains contamination that may make the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1.a. above, DEQ may require that soil be removed and disposed of in accordance with applicable law, that a cap be installed and maintained over certain areas of soil, and/or that other actions be taken with regard to exposed soils to make the Brownfields Property suitable for the uses specified in Land Use Restriction 1.a. above. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Except in accordance with prior written conditions imposed by DEQ, the only disturbance of landscaping and contours at the Brownfields Property that may occur is mowing and pruning of above-ground vegetation. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Canac Kitchens (09005-05-49) 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 Table A or Table 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: ______________________________________________________________ LUR 8:The Brownfields Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9: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 10:The owner of each portion of the Brownfields Property containing any of the monitoring wells in the groundwater monitoring plan (MW-4, MW-6, MW-7, and MW-8) shall sample said well(s) pursuant to the groundwater monitoring plan as approved by DEQ. Said plan shall be available from DEQ. At any time after three (3) consecutive sampling events reflect decreases in chromium concentrations, said owner may petition DEQ to reduce sampling frequency. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Canac Kitchens (09005-05-49) LUR Update LUR 11: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 st Land Use Restrictions Update to DEQ certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Iredell 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; and 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: ______________________________________________________________ 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 IREDELL 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: _________________ Canac Kitchens (09005-05-49) LUR Update