HomeMy WebLinkAbout18041_RayChem Corp_LURU Model
NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
RayChem Corp. 201 Dickens Road
Project #: County:
18041-14-092 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 Brownfields Property other than for commercial uses
including commercial/industrial park development offices, parking, warehouses, and light
manufacturing without prior written permission of the Department of Environmental Quality
(“DEQ”). For purposes of this restriction, the following definitions apply:
a."Commercial" refers to a business enterprise carried on for profit by the owner,
lessee or licensee;
b.“Commercial/Industrial Park Development” refers to a form of development
characterized by a unified site designed for a variety of commercial and industrial
uses, open space, buffers, and a mix of building types in which flexibility is given
to the project planning by allowing for the specific land uses to be determined as
the market need arises;
c.“Office” refers to use of land for wholesale, retail, entertainment or services,
including those uses predominantly at street level on multi-functional structures,
plus related contiguous accessory uses such as parking areas and service drives.
The term does not include schools and child care facilities, but may include adult
training and continuing education;
d.“Parking” refers to the temporary accommodation of motor vehicles in an area
designed for same;
e."Warehouse" refers to a commercial building used for storage of goods.
Warehouses are used by manufacturers, importers, exporters, wholesalers, transport
businesses and/or customs operations. They may be large plain buildings in
industrial areas of cities and towns and villages. They may have loading docks to
load and unload goods from trucks, and may be designed for the loading and
unloading of goods directly from railways, airports, or seaports. They may have
cranes and forklifts for moving goods, which may be placed on International
Organization for Standardization (ISO) compliant pallets loaded into pallet racks.
Stored goods can include any raw materials, packing materials, spare parts,
components, or finished goods associated with agriculture, manufacturing and/or
RayChem Corp. (#18041-14-092)
production.
f.“Light Manufacturing” refers to a use which involves the assembly, fabrication or
processing of goods and materials using processes that ordinarily do not create
noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building
or property where such assembly, fabrication or processing takes place, where such
processes are housed entirely within a building, and where the area occupied by the
outdoor storage of goods and material used in such processes does not exceed fifty
(50) percent of the floor area of all the buildings on the property. No process water
or wastewater may be generated at a light manufacturing facility.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 2:Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by 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 at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields
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.potential sources of the contamination referenced in paragraph 8 of the Brownfields
Agreement attached to the documentary component of the Notice of Brownfields
Property (“Notice”);
c.surface soil sampling for any soil areas that are planned to be exposed after the
planned development, and subsurface soil sampling, as required by DEQ;
d.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields); and
e.plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
RayChem Corp. (#18041-14-092)
LUR 3: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 4:No activity that disturbs soils on the Brownfields Property may occur other than
in accordance with the approved EMP. Disturbance of soils not covered under the approved EMP
may not occur 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 Brownfields
Property will be suitable for the uses specified LUR 1 above while fully protecting public health
and the environment. This limitation does not apply to mowing and pruning of above-ground
vegetation, landscape plantings that do not exceed 24 inches in depth; and emergency repair of
underground infrastructure, if DEQ is 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 are taken.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5:No new building or building addition, based on the plat component of the Notice
may be constructed on the Brownfields Property until DEQ determines in writing, based on
submittals from the building’s or addition’s proponent, that the building’s users, and public health
and the environment, would not be at risk from the Brownfields Property’s volatile contaminant
plume.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 6:None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in paragraph 8 of the Brownfields 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:
a.in de minimis amounts for cleaning and other routine housekeeping activities;
RayChem Corp. (#18041-14-092)
b.as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on-board tanks integral to said items or in flammable
liquid storage containers with capacities no greater than 25 gallons; and/or
c.as constituents of products and materials customarily used or stored in offices,
parking, warehouse and/or light manufacturing environments, provided such
products and materials are used, stored, and disposed of in accordance with
applicable laws and regulations.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 7:The Brownfields Property may not be used for agriculture or grazing, without
the prior written approval of DEQ.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 8:The Brownfields Property may not be used as a playground, or for child care
centers or schools, without the prior written approval of DEQ.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 9:The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by such 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 LUR is waived in writing by
DEQ.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
RayChem Corp. (#18041-14-092)
LUR 10: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 11:Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice, with the blanks filled in: “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 Wake County land records, Book 16327, Page 2078.” A
copy of any such instrument shall be sent to the persons listed in Section XV (Notices and
Submissions) of Exhibit A hereto, though financial figures related to the conveyance may be
redacted. If DEQ issues prior, written approval, an owner may use the following mechanisms to
comply with the obligations of this paragraph, subject to the terms and conditions that DEQ may
establish in such approval: 1) If every lease and/or rider is identical in form, the owner may
provide 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 (Notices and
Submissions) of Exhibit A hereto; and 2) the owner may provide abstracts of leases, rather than
full copies of said leases, to the persons listed in Section XV (Notices and Submissions) of the
Brownfields Agreement attached as Exhibit A.
In compliance Out of compliance
☐☐
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 Brownfields Property as of January 1 of that year (or owner’s
representative authorized in writing to act on the owner’s behalf) shall submit a notarized Land
Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental
st
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
e-mail address of the owner submitting the LURU if said owner acquired any part
of the Brownfields Property in fee during the previous calendar year; and
______________________________________________________________
RayChem Corp. (#18041-14-092)
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 in fee during the previous calendar year.
______________________________________________________________
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.
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: _________________