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Home My WebLink About18001_JH Duncan Oil_LURUModel_2015_04_27 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: JH Duncan Oil East Main Street Project #: County: 18001-14-057 Macon 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 public us, for: Greenway/Greenspace/Public Park, Parking, Light Industrial, Commercial, Office, and Retail. For purposes of this restriction, the following definitions apply: i."Greenway" refers to a natural or constructed corridors traversing open space, which may be used for pedestrian or bicycle passage. Greenways typically link areas of activity, such as parks, cultural features, or historic sites with each other and with populated areas; ii."Public Park" refers to any land owned by the public and open for use by the general public for active (including playgrounds) or passive recreational purposes or as a refuge for wildlife; iii."Parking" refers to the temporary accommodation of motor vehicles in an area designed for same; iv."Light Industrial" refers to the indoor assembly, fabrication or processing of goods and materials, using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outdoors, and involving outdoor storage of related goods and material that does not exceed 25 percent of the floor area of all buildings on the Property; v."Commercial" refers to a business enterprise; vi."Office" refers to the rendering of business or professional services; and vii."Retail" refers to the sale of goods directly to the consumer, and includes restaurants. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ JH Duncan Oil (#18001-14-057) LUR 2:Unless compliance with this LUR is waived in writing in advance by the Department of Environment and Natural Resources (“DENR”) in relation to particular buildings, no use of the Property (with the exception of temporary vehicle parking) may occur prior to demolition of buildings and removal of ASTs by the Prospective Developer and removal of the USTs by NCDENR-DWM UST Section on the Property depicted on the plat component of the Notice of Brownfields Property (“Notice”) referenced in paragraph 20 of the Exhibit A (aka: Brownfields Agreement) in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that a e administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Physical redevelopment of the Property (including demolition, grading or construction) may not occur other than in accord, as determined by DENR with an Environmental Management Plan (“EMP”) approved in writing by DENR in advance (and revised to DENR's written satisfaction prior to each subsequent redevelopment base) 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 r development in any other form, including without limitation: i.A written plan describing removal of all ASTs on the property, the contents of the ASTs and any associated releases from those ASTs shall be submitted to DENR for the agency's approval. All UST (if encountered) and UST activities shall be performed in accordance with the latest version of guidelines associated with the NCDENR-DWM UST Section including a minimum of sample analyses using EPA Methods 8260B and 8270D with metals (if metals are applicable); ii.removal of free product occurring on the groundwater table; iii.removal of all stained soils from the site and treatment/disposal at a licensed off- site facility; iv.potential sources of the contamination referenced in paragraph 7 of the attached Exhibit A; v.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and vi.plans for the proper characterization of, and, as necessary, disposal of soils excavated during redevelopment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ JH Duncan Oil (#18001-14-057) LUR 4:Groundwater at the Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Other than the removal of ASTs, USTs, stained soil, or other activities in the approved EMP referenced in paragraph 15.c. (LUR 3) of the Exhibit A, 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, except in connection with, mowing and pruning of above-ground vegetation, landscape plantings that do not exceed 18 inches in depth; and, for emergency repair of underground infrastructure, provided that DENR shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DENR shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No building may be constructed on the Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 20 of the Exhibit A, may be occupied until: i.DENR 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 the Property's volatile contaminant plume; or ii.vapor mitigation measures are installed or implemented to the satisfaction of a professional engineer licensed in North Carolina, a evidenced by said engineer's seal on a report that includes photographs and a description of the installation and performance of said measures. All vapor mitigation measures shall be installed or implemented in accordance with a plan approved in writing by DENR in advance, including methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ JH Duncan Oil (#18001-14-057) LUR 7:None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of the Exhibit A, may be used or stored at the Property without the prior written approval of DENR, except in de minimis amounts for maintenance, cleaning and other routine housekeeping and landscaping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Property may not be used for agriculture or grazing, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Property may not be used for child care centers or schools, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10: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, unless compliance with this LUR is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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 ☐☐ JH Duncan Oil (#18001-14-057) Remarks: ______________________________________________________________ LUR 12:During January of each year after the year in which the Notice is recorded, the st 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 st officials of Macon County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Macon County Register of Deeds office and that the land use restrictions are being complied with, and stating: i.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. ______________________________________________________________ ii.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. ______________________________________________________________ iii.Whether any vapor barrier and/or mitigation system installed pursuant to subparagraph 15.f.ii. (LUR 6) of the Exhibit A are performing as designed, and whether the uses of the ground floors of any building containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13:13. Any deed or other instrument conveying an interest in the property executed by an owner of any interest in the Property shall contain the following n tice: "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 Macon County land records, Book Q-36, Page 2009." A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices and Submissions), though financial fig res related to the conveyance may be redacted. 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 Macon County Register of Deeds office and that the Land Use Restrictions are being complied with. JH Duncan Oil (#18001-14-057) 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: _________________