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Home My WebLink About20007_RTP 8_LURU Model NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Research Triangle Park (RTP) Site 8Address: 3751 Louis Stephens Drive Project #: County: 20007-16-032 Durham, 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 Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Brownfields Property other than for office, research laboratory, industrial, open space, associated parking, and other commercial uses in accordance with the (Corrected) Amended and Restated Conditions, Covenants, Restrictions and Reservations Affecting the Research Triangle Park (Book 7559, Pages 1-64, Durham County Registry and Book 15768, Pages 2175-2239, Wake County Registry). For purposes of this restriction, the following definitions apply: a.“Office” refers to the provision of business or professional services; b.“Research laboratory” refers to facilities that provide laboratory and clinical services for product development or academic purposes; c.“Industrial” refers to the assembly, fabrication, processing, warehousing or distribution of goods or materials; d.“Open Space” refers to land maintained in a natural or landscaped state which is used for natural resource protection, buffers, green ways, and detention facilities for stormwater; e.“Commercial” refers to an enterprise carried out for profit or nonprofit purposes by the owner, lessee or licensee; and f.“Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Physical redevelopment of the Brownfields Property within the “Area of Overshot”, as delineated on the plat attached as Exhibit B to the Notice of Brownfields Property Form revised: 8-1-2016 RTP 8 (#20007-16-032) LUR Update (“Notice”), may not occur other than in accord, as determined by the Department of Environmental Quality (“DEQ”), with an Environmental Management Plan (“EMP”) 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 within the Area of Overshot, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Area of Overshot 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 8 of the Brownfields Agreement (“Agreement”) attached as Exhibit A to the Notice; c.contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and d.plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ st LUR 3:By January 31 after each one-year anniversary of the effective date of the Agreement attached as Exhibit A to the Notice for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: a.actions taken on the Brownfields Property in accordance with Section V: Work to be Performed of the Agreement attached as Exhibit A to the Notice; 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; and e.removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ RTP 8 (#20007-16-032) LUR Update LUR 4:Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No activity that disturbs soil on the Brownfields Property in the Area of Overshot as delineated on the plat attached as Exhibit B to the Notice may occur unless the soil to be disturbed is tested for TCLP metals in advance of such disturbance and, if determined to exceed the toxicity threshold for lead, must be managed as a hazardous waste upon removal, 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 Area of Overshot will be suitable for the uses specified in LUR No. 1 above while fully protecting public health and the environment, except: a.mowing and pruning of above-ground vegetation; and b.other activities in accordance with a DEQ-approved EMP required by LUR No. 2 above. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ RTP 8 (#20007-16-032) LUR Update LUR 8:None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraph 8 of the Agreement attached as Exhibit A to the Notice and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis quantities for cleaning and other routine housekeeping and maintenance activities, and 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Neither DEQ, 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 DEQ, 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 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 Durham County land records, Book 8070, Page 872 and the Wake County land records, Book 16610, Page 2548.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures related to the conveyance may be redacted. Prospective Developer may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ RTP 8 (#20007-16-032) LUR Update LUR 11:Within 60 days after the effective date of the Agreement attached as Exhibit A to the Notice or prior to land disturbance activities, Prospective Developer shall abandon all monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Property, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The owner of any portion of the Brownfields Property where any subsequently installed, DEQ approved monitoring well is damaged by the owner, its contractors, or its tenants 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 land use restriction is waived in writing by DEQ in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13: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 DEQ, and to the chief public health and environmental st officials of Wake and Durham Counties, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wake and Durham Counties 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; 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 Brownfields Property during the previous calendar year. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ RTP 8 (#20007-16-032) LUR Update LUR 14:A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone and facsimile numbers, and contact person's email address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 15:A LURU submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses. 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 Durham & Wake County Register of Deeds offices 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: _________________