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Home My WebLink About11031_CRS Facility_LURUModel_2009_12_11 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: CRS Facility 1224 Isley Drive Project #: County: 11031-07-36 Gaston 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 industrial, storage and/or office purposes, and/or, if the Department of Environmental Quality (“DEQ”) determines in writing in advance that the Brownfields Property is suitable for such use while fully protecting public health and the environment, any other commercial purpose, all as limited by the other Land Use Restrictions below. Within the meaning of this Land Use Restriction, the following definitions apply: a. “Industrial” refers to: i.the assembly, fabrication, processing, storage, transportation and/or distribution 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 ii.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 Brownfields Property. b.“Office” refers to the rendering of business or professional services. c.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ CRS Facility (11031-07-36) LUR Update LUR 2:No activities that encounter, expose, remove or use surface water or 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 water sampling and analysis 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 that DEQ determines may make the Brownfields Property unsuitable for the uses specified in subparagraph 1.a. of the Notice of Brownfields Property (“Notice”), the proposed activities may not occur without the prior written approval of DEQ, 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 3:The owner(s) of the portion of the Brownfields Property denominated “Contaminated Soil” on the plat component of the Notice shall be responsible for maintaining to DEQ’s reasonable satisfaction the asphalt or concrete over that portion. Soil in said portion may not be disturbed without prior soil sampling and analysis to the written satisfaction of DEQ. If said sampling discloses contamination that DEQ determines renders the Brownfields Property unsuitable for the uses specified in subparagraph 1.a. above, the soil may not be disturbed 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 soil-disturbing activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4: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 5: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: ______________________________________________________________ CRS Facility (11031-07-36) LUR Update LUR 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables 1 and 2 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, maintenance and other routine housekeeping activities, and as constituents of fuel for vehicles, equipment or backup generators used to support operations at the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7: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: ______________________________________________________________ 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 child care centers or schools without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Brownfields Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ CRS Facility (11031-07-36) LUR Update LUR 11: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 12: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 13:During January of each year after the year in which the Notice is recorded, the st owner on December 1 of the prior year of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ certifying that the Notice containing these Land Use Restrictions remains recorded at the Mecklenburg County Register of Deeds office, that the Land Use Restrictions are being complied with and, in the case of the owner of the portion of the Brownfields Property denominated “Contaminated Soil” on the plat component of the Notice, that the asphalt or concrete over that portion is being maintained in good condition, 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 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. Insert information: ______________________________________________________________ For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official referenced in paragraph 36.a. of the Brownfields Agreement, at the address stated therein. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ CRS Facility (11031-07-36) LUR Update 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 GASTON 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: _________________