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Home My WebLink About17001_Dollar General - Burlington_LURUModel_2015_05_29 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Dollar General - Burlington 1031 South Williamson Ave. Project #: County: 17001-13-001 Alamance 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 retail and office purposes. For purposes of this restriction, the following definitions apply: a.Retail refers to the sale of goods directly to the consumer; and b.Office refers to the rendering of business or professional services. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water at the Brownfields 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: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 DENR in any areas proposed for such activities, and submittal of the analytical results to DENR. If such results reflect contaminant concentrations that exceed the standards and screening levels Dollar General - Burlington (#17001-13-001) applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DENR imposes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No building may be constructed on the Brownfields Property after the effective date of Exhibit A (aka: Brownfields Agreement) until DENR: a.determines in writing, based on submittals from the building's proponent, that the building's users, and public health and the environment, would not be at risk from any volatile contaminants known to exist at the Brownfields Property at the time of the proposed new construction; or b.approves in writing vapor mitigation measures for the building. If this option is selected, the building may not be used until the measures are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal in a submittal to DENR, and photographs illustrating the installation and a brief narrative describing it are submitted to DENR and deemed satisfactory in writing by that agency. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5: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 6:No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DENR, vented in conformance with applicable building codes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Dollar General - Burlington (#17001-13-001) LUR 7:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in the table of groundwater contaminants, above, and on the plat component of the Notice of Brownfields Property (“Notice”), may be used or stored at the Brownfields Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities or in sealed, pre- packaged containers sold in a retail context. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The owner of any portion of the Brownfields 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, unless compliance with this Land Use Restriction is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Neither DENR, nor any party conducting environmental assessment or remediation at the Brownfields 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 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:Any deed or other instrument conveying an interest in the Brownfields Property executed by an owner of any interest in the Brownfields Property shall contain the following notice: "The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Alamance County land records, Book __ , Page __ ." A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices and Submissions) of Exhibit A, though financial figures related to the conveyance may be redacted. In compliance Out of compliance ☐☐ Dollar General - Burlington (#17001-13-001) Remarks: ______________________________________________________________ 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 Land Use Restrictions Update ("LURU") to DENR, and to the chief public health and st environmental officials of Alamance County, certifying that, as of said January 1, the Notice and these land use restrictions remain recorded at the Alamance 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; ______________________________________________________________ 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; and ______________________________________________________________ c.whether any vapor barrier and/or vapor intrusion mitigation systems installed pursuant to land use restriction 4.b. 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 Alamance 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: __________________ Dollar General - Burlington (#17001-13-001) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA __________ COUNTY 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: _________________