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Home My WebLink About12036_Green Valley Office Park_LURUModel_2015_06_15 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Green Valley Office Park 802 Green Valley Rd. (multiple) Project #: County: 12036-08-041 Guilford 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 Property other than for medical and other offices, banking, and restaurants and other retail establishments. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the Property may not be used for any purpose without the prior written approval of the Department of Environment and Natural Resources (“DENR”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Physical redevelopment of the Property may not occur other than in accord, as determined by DENR, with a Living Environmental Management Plan, approved in writing by DENR in advance (and revised to DENR's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Property during construction or redevelopment in any other form, including without limitation: a.soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; Green Valley Office Park (#12036-08-041) b.issues related to potential sources of contamination referenced in paragraph 7 of Exhibit A and in Exhibit 2 to Exhibit A (Exhibit A aka: Brownfields Agreement); and c.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Within 90 days after each one-year anniversary of the effective date of the Brownfields Agreement for as long as physical redevelopment of the Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Property shall provide DENR a report subject to written DENR approval on environmental-related activities since the last report, with a summary and drawings, that describes: a.actions taken in accordance with the plan required by LUR 3 above; b.soil grading and cut and fill actions; c.methodology(ies) employed for field screening, sampling and laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and d.removal of any contaminated soil, water or other contaminated materials (e.g., concrete, demolition debris) from the Property (copies of all legally required manifests shall be included). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:After conclusion of the redevelopment period referenced in LUR 3 above, as determined by DENR, no activity that disturbs soil on the Property may occur unless and until DENR states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DENR deems necessary to ensure the Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Green Valley Office Park (#12036-08-041) LUR 6:No building may be constructed on the Property unless and until DENR determines in writing that: a.the building would be sufficiently distant from the Property's groundwater and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or b.a plan for a vapor intrusion mitigation system, approved in writing by DENR in advance and including a proposed performance assessment for demonstration of the system's protection of the building's users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:Present data shows the vapor intrusion exposure pathway is presently incomplete for existing buildings denoted on the plat component of the Notice of Brownfields Property (“Notice”) specified in paragraph 19 of Exhibit A. Continued periodic monitoring of the vapor intrusion pathway for these buildings shall be implemented in accordance with a plan for monitoring approved in advance by DENR within 90 days of the effective date of the agreement, or on another timetable acceptable to DENR. If at any time, the vapor intrusion pathway is determined to be complete and poses unacceptable risks for buildings at the Property, the owner shall implement mitigation measures in accordance with LUR 6.b. above. Said plan may include provisions setting forth conditions for the cessation of monitoring should the groundwater plume be determined to be stable and non-threatening to said buildings. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:Whenever actions are required by the DENR-approved versions of the plans required by paragraph 13 of Exhibit A and LURs 3, 5, 6.b. and 7 above, it shall be the duty of parties owning any portion(s) of the Property subject to the requirements, and in the case of LUR 3 those who undertake land-disturbing activity at the Property, to comply. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Green Valley Office Park (#12036-08-041) LUR 9:No mining may be conducted on or under the Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:None of the contaminants known to be present in the environmental media at the Property, including those appearing in Exhibit 2 to Exhibit A to the Notice, may be used or stored at the Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Property may not be used for residential purposes, as a playground, a child care center, or school. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The owner of any portion of the Property where any existing, or subsequently installed, DENR approved monitoring well is damaged shall be responsible for repair of any such wells to DENR's written satisfaction and within a time period acceptable to DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13:Neither DENR, nor any party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DENR, may be denied access to the 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 Property. In compliance Out of compliance ☐☐ Green Valley Office Park (#12036-08-041) Remarks: ______________________________________________________________ LUR 14:During January of each year after the year in which the Notice referenced in st paragraph 19 of Exhibit A is recorded, the owner of any part of the Property as of January 1, of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the chief public health and environmental officials of Guilford County, certifying that, as of said st January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford 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 Property during the previous calendar year; ______________________________________________________________ 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 Property during the previous calendar year. ______________________________________________________________ c.whether any vapor mitigation measures installed pursuant to LURs 6 and 7 above are performing as designed, and whether the uses of the ground floors of any buildings containing such measures 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 Guilford 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 __________ COUNTY Green Valley Office Park (#12036-08-041) 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: _________________