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Home My WebLink About18043_Moyock Muscle_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Moyock MuscleAddress: 369-385 Caratoke Hwy Project #: County: 18043-14-027 Currituck 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 Brownfield Property other than for commercial or industrial uses and associated parking. For purposes of this restriction, the following definitions apply: a.“Industrial” refers to the assembly, fabrication, processing, warehousing or distribution of goods or materials. b.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. c.“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 Brownfield Property may not occur other than in accord, as determined by the Department of Environmental Quality (“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 Brownfield Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfield 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; Form revised: 8-1-2016 Moyock Muscle (#18043-14-027) LUR Update b.issues related to potential sources of contamination referenced in paragraph 8 of Exhibit A (aka: Brownfields 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: ______________________________________________________________ st LUR 3:By January 31 after each one-year anniversary of the effective date of Exhibit A for as long as physical redevelopment of the Brownfield Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfield 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 Property in accordance with Section V: Work to be Performed of Exhibit A; 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 Brownfield Property (copies of all legally required manifests shall be included). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Surface water at the Brownfield Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No activities that encounter, expose, remove or use ground water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose ground water) may occur on the Brownfield Property without prior sampling and analysis of ground water to the written satisfaction of DEQ in any areas Moyock Muscle (#18043-14-027) LUR Update proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina's ground water quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ imposes including, at a minimum, compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:Without prior written DEQ approval, the Brownfield Property may not be used for: a.child care, adult care centers or schools; b.agriculture, grazing, timbering or timber production; c.playground, child care centers, senior care centers or schools; or d.kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:None of the contaminants known to be present in the environmental media at the Brownfield Property, including those appearing in Section III., paragraph 8 of Exhibit A may be used or stored at the Brownfield 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: ______________________________________________________________ LUR 8:The owner of any portion of the Brownfield 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: ______________________________________________________________ Moyock Muscle (#18043-14-027) LUR Update LUR 9:Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfield 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 Brownfield 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 Brownfield Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfield 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 Currituck County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Currituck 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 Brownfield Property during the previous calendar year; ______________________________________________________________ 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 Brownfield Property during the previous calendar year; and ______________________________________________________________ c.a LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in paragraphs 21. and 22. of Exhibit A. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:Any deed or other instrument conveying an interest in the Brownfield Property executed by an owner of any interest in the Brownfield 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 Currituck County land records, Book 1381, Page 825” 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. An owner may use the following mechanisms to comply with the obligations of this paragraph: (i) The owner 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 Moyock Muscle (#18043-14-027) LUR Update listed in Section XV (Notice and Submissions); and (ii) the owner may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV of Exhibit A. 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 Currituck 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: _________________