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Home My WebLink About10060_Cole Orchard_LURUModel_2009_08_25NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Cole Orchard Project #: 10060-06-045 Address: 1496 Summit Springs Dr. County: Henderson 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 mixed residential, office, hospitality, park, open space, retail and, if the Department of Environmental Quality (“DEQ”) issues prior written approval, other commercial purposes, with associated driveways and parking. For purposes of this restriction, the following definitions apply: “Residential” refers to use for a permanent dwelling of single family, multifamily, detached or attached structures; manufactured homes; mobile homes; group homes; boarding houses or dormitories. “Office” refers to the conduct or rendering of business or professional services. “Hospitality” refers to provision of overnight lodging facilities for paying customers, along with reservation and cleaning services, combined utilities and on-site management and reception, in a building containing more than four individual rooms. “Park” refers to outdoor areas, including those maintained in a natural state (which may serve as a refuge for wildlife) and those improved for active or passive recreation, that are owned and useable by the public. “Open space” refers to outdoor areas within a development site that are set aside for the use and enjoyment of residents of the development or of the general public. “Retail” refers to the sale of goods directly to the consumer. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. “Parking” refers to areas designed and used for temporary accommodation of motor vehicles. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No redevelopment, as defined by DEQ, may occur at the Brownfields Property until DEQ approves in writing a plan to suppress dust during redevelopment, minimize atmospheric and stormwater transport of arsenic-contaminated soil during redevelopment through erosion and sedimentation control, and minimize worker’s exposure to arsenic during redevelopment, and redevelopment may continue only so long as DEQ determines there is compliance with the plan. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Retail or commercial use of the Brownfields Property may only occur in the area designated “Retail/Commercial” on the plat component of the Notice of Brownfields Property (“Notice”), and neither of those uses may occur unless and until DEQ determines in writing that arsenic in soil in that area does not exceed 100 milligrams per kilogram as generated by a site-specific human health risk assessment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Residential use of the Brownfields Property may only occur in the area designated “Residential” on the plat component of the Notice, and that use may not occur unless and until DEQ determines in writing that arsenic in soil in that area does not exceed 21 milligrams per kilogram as generated by a site-specific human health risk assessment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Only areas designated “Common Area” on the plat component of the Notice may be used for open space or parks, and neither of those uses may occur in any such area unless and until: DEQ approves in writing a plan for sampling and analyzing surface soil in the area for arsenic, using the most current version of U.S. Environmental Protection Agency (“EPA”) Method 6010, that includes a grid for sampling where picnicking/eating/ cooking and playgrounds are proposed for the area; DEQ approves in writing a report regarding the sampling that is submitted within 30 days thereafter; and DEQ determines in writing that arsenic in soil in the area does not exceed 21 milligrams per kilogram, with or without remediation pursuant to a plan approved in writing in advance by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any encountering or exposure of stained or odorous soil, soil that may be contaminated, or containers of possible contaminants shall be reported to DEQ by telephone, and by e-mail and/or facsimile, within 24 hours. Within a time period satisfactory to DEQ, such soil as DEQ requires shall be sampled to DEQ’s written satisfaction for arsenic, and the samples analyzed, using the most current version of EPA Method 6010; or, if DEQ determines that a contaminant other than arsenic is possibly involved, using methods DEQ deems appropriate. If the sampling reflects any exceedance of applicable standards, the owner of the affected area may be required by DEQ to leave the affected soil in place, cap it, remove it or implement other remedial measures to DEQ’s written satisfaction. ☐ 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 or surface water 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: ______________________________________________________________ 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. ☐ 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, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. ☐ 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 December January 1st each of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that the Notice remains recorded at the Henderson County Register of Deeds office and that the land use restrictions are being complied with, and stating: 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. ______________________________________________________________ ☐ 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 Henderson 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 HENDERSON 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: _________________