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Home My WebLink About09037_Buss Coating_LURUModel_2009_08_31NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Buss Coating Project #: 09037-05-14 Address: 511 Creekway Drive Northwest County: Caldwell 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 No use may be made of the Brownfields Property other than for manufacturing, office, warehousing and, with prior written Department of Environmental Quality (“DEQ”) approval, other commercial purposes. For purposes of this restriction, the following definitions apply: “Manufacturing” refers to the assembly, fabrication or processing of goods and materials using processes that may have greater than average (though legal) impacts on the environment, and may have significant (though legal) impacts on the use and enjoyment of adjacent property that relate to noise, smoke, fumes, odors, glare, or health and safety hazards; or any assembly, fabrication or processing of goods and materials where the area occupied by outdoor storage of goods and material used in the assembly, fabrication or processing exceeds 25 percent of the floor area of all buildings on the property. “Office” refers to a place where business or professional services are conducted or rendered. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. “Warehousing” refers to the storage of goods for a business or other enterprise. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities that encounter, expose, remove or use groundwater or surface water (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: ______________________________________________________________ No building may be constructed on the Brownfields Property unless and until DEQ has been consulted regarding the proximity of the planned building to the area denominated “Tetrachloroethene Area” on the plat component of the Notice of Brownfields Property (“Notice”). If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within 200 feet of said portion and DEQ does not waive compliance with this Land Use Restriction in advance in writing regarding that building, it may not be constructed without a vapor barrier system and/or mechanical or passive vapor mitigation system (collectively “Vapor System(s)”) approved in writing in advance by DEQ. Within 30 days following installation of the Vapor System(s), 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 30 days after recordation of the Notice, the then owner(s) of portions of the Brownfields Property where sampling is required by a DEQ-approved Groundwater Monitoring Plan for the Brownfields Property dated February 4, 2008 shall conduct the first sampling under the plan. Thereafter, compliance shall be the responsibility of the owner(s) of affected portions on each occasion when the plan requires activity. (Requirements to sample in a particular month shall be the responsibility of the owner of the affected portion as of the first of that month.) The plan requires: sampling and analysis of the monitoring wells designated “MW-04R,” “MW-15,” “MW-16” and “MW-17” on the plat component of the Notice; sampling of all wells designated by the plan for volatile organic compounds (“VOCs”) during the same month each year; analyses of all VOC samples collected at the Brownfields Property by the most current version of EPA Method 8260; written reporting of the sampling analyses to DEQ within thirty (30) days after sampling; and provisions for replacing the monitoring wells if requested by DEQ due to redevelopment activities. The plan shall be available from DEQ and may be amended with DEQ’s prior written approval. Permission to cease required monitoring may be requested of DEQ if sampling pursuant to the plan shows the concentrations of any and all VOCs detected declining for a minimum of three (3) consecutive years. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ None of the contaminants known as of the date of the Brownfields Agreement (“Agreement”) to be present in the environmental media at the Brownfields Property at levels exceeding unrestricted use standards, including those listed in the Groundwater Table of the Agreement, 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; as constituents of fuels and oils customarily used in machinery, vehicles and landscaping equipment; with respect to any portions of the Brownfields Property used for office or commercial purposes, as constituents of products customarily used and stored in office and commercial environments (for example, fluids in copying machines and office supplies), so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations; with respect to any portions of the Brownfields Property used for manufacturing, as constituents of products or base materials used in the assembly, fabrication or processing of goods and materials so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations; or as constituents of products or base materials used in any spray paint booth installed at the Brownfields Property, the location of which must be approved in writing by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a park or for organized 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: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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, provided that DEQ attempts to provide written notice of the access (which may be via e-mail) and a summary of the activities to be conducted on the Brownfields Property to at least one owner of the Brownfields Property, and that a reasonable attempt is made to minimize any disturbance caused by the activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of the prior December 1st shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that the Notice remains recorded at the Caldwell County Register of Deeds office, and that as of the date of the LURU, there are no violations of said restrictions on the portion of the Brownfields Property to which the LURU pertains. 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; ______________________________________________________________ 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; and ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to land use restriction 3 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 Caldwell 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: ___________________ NORTH CAROLINA CALDWELL 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: _________________