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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
South Bloodworth 1501-1513 South Bloodworth St.
Project #: County:
17007-13-092 Wake
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 as a regional headquarters for a
communications contractor including office space, distribution warehouse, and equipment and
commercial vehicular storage and light maintenance, and if the Department of Environmental
Quality (“DEQ”) issues prior written approval, other non-residential or commercial uses, including
light industrial, office, and retail uses. Residential use and use by sensitive populations, including
but not limited to children, the disabled or infirm, and senior citizens, is strictly prohibited unless
pre-approved by DEQ and is commensurate with any stipulations DEQ so states in writing for
such use. For purposes of this restriction, the following definitions apply:
a."Office" refers to the rendering of business or professional services.
b."Distribution Warehouse" refers to use of a commercial building for storage of
goods for distribution by manufacturers, importers, exporters, transport, and other
commercial businesses, and refers to the storage of goods and materials for a
specific commercial establishment or activity;
c."Vehicular storage and light maintenance" refers to the storage of business-related
vehicles and light maintenance of same including replacement of vehicular filters,
certain fluids, tires, and other minor vehicular components, and that which is
consistent with all other provisions of the Brownfields Agreement (“Agreement”;
aka: Exhibit A).
d."Industrial" refers to the assembly, fabrication, processing, warehousing or
distribution of goods or materials.
e."Retail" refers to the sale of goods, products, or merchandise directly to the
consumer.
f."Commercial" refers to a business enterprise, excluding those that are frequented
by sensitive populations including but not limited to children, disabled or infirm,
or senior populations.
In compliance Out of compliance
☐☐
South Bloodworth (#17007-13-092)
Remarks: ______________________________________________________________
LUR 2:Physical redevelopment of the Property as delineated on the plat component
(aka: Exhibit B) to the Notice of Brownfields Property (“Notice”), may not occur other than in
accord, as determined by DEQ, with an Environmental Management Plan approved in writing by
DEQ in advance (and revised to DEQ'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;
b.issues related to potential sources of contamination referenced in paragraph 7 of the
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 3:During January of each year after the effective date of the 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
DEQ a report subject to written DEQ approval on environment-related activities at the Property
since the last report, with a summary and drawings, that describes:
a.actions taken in accordance with the plan required by LUR No. 2 above;
b.soil grading and cut and fill actions;
c.methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media;
d.stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition of any soil, groundwater or other materials
suspected or confirmed to be contaminated with regulated substances;
e.removal of any contaminated soil, water or other contaminated materials (for
example, concrete, demolition debris) from the Property (copies of all legally
required manifests shall be included); and
f.report(s) of indoor air sampling conducted during the prior year in accordance with
LUR No. 7 below.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
South Bloodworth (#17007-13-092)
LUR 4:Groundwater at the Property may not be used for any purpose without the prior
written approval of DEQ.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5:During physical redevelopment and onward, no activity that disturbs soil on the
Property may occur unless and until DEQ states in writing, in advance of the proposed activity,
that said activity may occur if carried out along with any measures DEQ deems necessary to ensure
the Property will be suitable for the uses specified in LUR No. 1 above while fully protecting
public health and the environment, except: in connection with de minimis soil removals only in
areas in which shallow soil contaminants do not exceed non-residential soil remediation goals as
demonstrated on the plat component attached to the Notice as Exhibit B to depths less than 18
inches; mowing and pruning of above-ground vegetation; and, for emergency repair of
underground infrastructure, provided that DEQ 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 DEQ shall be taken.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 6:No enclosed building may be constructed on the Property unless and until DEQ
determines in writing that:
a.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;
b.it is demonstrated, pursuant to a DEQ approved plan, and subject to DEQ's
approval, that the building would be or is 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
c.a plan for a vapor intrusion mitigation system, approved in writing by DEQ 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.
South Bloodworth (#17007-13-092)
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 7:Monitoring of the vapor intrusion pathway for the existing building denoted on
the plat component of the Notice of Brownfields Property specified in LUR No. 20 below shall be
implemented in accordance with a plan for monitoring submitted to DEQ within 60 days of the
effective date of the Agreement, or on another schedule acceptable to DEQ, and approved in
advance by DEQ. If the vapor intrusion pathway is determined to pose unacceptable risks for
building occupants at the Property, the owner shall implement mitigation measures in accordance
with LUR No. 6.c. above.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 8:Any vehicle maintenance activities shall be limited to those that are minor in
nature and no major vehicular maintenance activities shall occur at the Property.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 9:All subsurface features including the vehicle maintenance pit and any floor
drains shall be properly closed prior to conducting vehicular maintenance activities to prevent the
release of petroleum hydrocarbon products to the subsurface through these features.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 10:Storage of fuels or waste oils in underground storage tanks (USTs) is prohibited
at the Property.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
South Bloodworth (#17007-13-092)
LUR 11:Storage or use of chlorinated solvent products is prohibited at the Property.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 12:Parts washer equipment is prohibited at the Property.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 13:The locations of any above ground storage tanks (ASTs) and other waste
facilities, and other chemical or petroleum products at the Property are to be approved in advance
by DWM.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 14:Any container holding more than 25 gallons of petroleum product or other
chemical may only be employed at the property once LUR No. 9 above is completed, and if
properly noticed to the DWM, UST Permitting Section and stored in properly constructed
secondary containment features that are designed so that any discharge from a primary container
would not escape the containment system before cleanup occurs.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 15:Any release of petroleum product or waste oil to the subsurface requires
notification to DWM, and remedial activities to address such a release. Any such release is not
covered under the environmental liability protection of this agreement.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
South Bloodworth (#17007-13-092)
LUR 16:None of the contaminants known to be present in the environmental media at the
Property, including those appearing in paragraph 7 to the Agreement, may be used or stored at the
Property without the prior written approval of DEQ, except:
a.in de minimis amounts for cleaning and other routine housekeeping activities;
b.as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment, and vehicles in on-board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons;
c.as pre-approved petroleum products in properly stored containers each totaling no
more than 55-gallons that are contained within a secondary containment system
that is designed to hold the full capacity of the containers stored within its confines.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 17:The Property may not be used for agriculture or grazing, without the prior
written approval of DEQ.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 18:The 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 19: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, unless compliance
with this LUR is waived in writing by DEQ in advance.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
South Bloodworth (#17007-13-092)
LUR 20: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
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: ______________________________________________________________
LUR 21:During January of each year after the year in which the Notice of Brownfields
st
Property 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 DEQ, and to the chief public health
st
and environmental officials of Wake County, certifying that, as of said January 1, the Notice of
Brownfields Property containing these land use restrictions remains recorded at the Wake 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
email address of the owner submitting the LURU if said owner acquired any part
of the Property during the previous calendar year; and
______________________________________________________________
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 barrier and/or mitigation systems installed pursuant to LUR No.
6 above, 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; and
______________________________________________________________
d.including a list of all current chemical compounds in use at the Property.
______________________________________________________________
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 Wake County Register of Deeds office
and that the Land Use Restrictions are being complied with.
South Bloodworth (#17007-13-092)
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: _________________