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Home My WebLink About17061_Phoenix Recycling_LURUModel_2016_01_13NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Phoenix Recycling Project #: 17061-13-025 Address: US Hwy 70 & Pine Grove Rd. County: Craven 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 Property other than for residential, recreational use, open space, and a transportation connector. For purposes of this restriction, the following definitions apply: Residential Use – refers to use for a permanent dwelling of any single- or multi-unit building; Recreational Use - Public or private golf courses, swimming pools, tennis courts, ball fields, ball courts, and similar uses which are not enclosed in buildings and are operated on a municipal, commercial or membership basis; Open Space - An area of open space within a development site designed and intended for the use and enjoyment of the general public; and Transportation Connector – An area that is predominantly used for vehicular transportation. This area may also contain pedestrian walkways, utility easements, railroad crossings, and/or on-street parking areas. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and groundwater at the Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil on the Property not covered by the cap or clean fill required in paragraph 12 of the Brownfields Agreement (“Agreement”; aka: Exhibit A to the Notice of Brownfields Property), or by impervious surfaces, may not be disturbed unless and until DEQ states in writing, in advance of the proposed disturbance, that the disturbance may proceed, if carried out along with any measures DEQ deems necessary in connection with the proposed disturbance to avoid rendering the Property unsuitable for the uses specified in LUR 1 above or public health or the environment less than fully protected. This restriction shall not apply to routine disturbances associated with the use and maintenance of the areas containing such soil or emergency activities that may be needed. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The cap and cover of clean fill required in paragraph 12 of the Agreement must be maintained to specifications approved by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Property unless and until DEQ determines in writing that: it is demonstrated to DEQ’s written satisfaction through a site-specific risk assessment, that the building is protective of the building’s users, public health and the environment from risk of vapor intrusion; the building would be sufficiently distant from the Property’s groundwater contamination and/or methane gas or any other explosive landfill gas that the building’s users, public health and the environment will be protected from risk from vapor intrusion or explosive hazards related to said contamination; or a plan for a vapor intrusion mitigation system and methane monitoring system, unless all waste material has been removed, approved in writing by DEQ in advance and including a proposed performance assessment prior to the building’s use 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 implementation documentation sealed by said engineer. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those appearing in Exhibit 2 to the Agreement, may be used or stored at the 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: ______________________________________________________________ The Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Property where any existing, or subsequently installed, 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: ______________________________________________________________ Neither DEQ, nor any party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit, order or agreement issued by or entered into by DEQ, 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 Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Craven County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Craven County Register of Deeds office and that the land use restrictions are being complied with. A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DEQ. The LURU shall include: the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner (or board, association or approved entity) submitting the LURU if said owner (or each of the owners on whose behalf the joint LURU is submitted) acquired any part of the 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 (or each of the owners on whose behalf the joint LURU is submitted) transferred any part of the Property during the previous calendar year. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR No.5 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 Craven 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 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: _________________