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Home My WebLink About11032_BASF Facility_LURUModel_2011_11_04NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: BASF Facility Project #: 11032-07-060 Address: 4350 Chesapeake Drive County: Mecklenburg 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 No use may be made of the Brownfields Property other than for industrial, laboratory and office purposes. Within the meaning of this restriction, the following definitions apply: “Industrial” refers to manufacture, storage, warehousing, transportation or processing of goods or materials, using processes that may produce greater than average (though legally compliant) impacts on the environment such as noise, smoke, fumes, vibration, dust, odors, glare, emissions or health or safety hazards outside of the building(s) where such processes occur. “Laboratory” refers to research and development and quality assurance activities. “Office” refers to the provision of business or professional services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A, B and C of the Notice of Brownfields Property (“Notice”), may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: in de minimis amounts for cleaning and other routine housekeeping activities; as constituents of fuels customarily used in vehicles and landscaping equipment; as constituents of products customarily used in the manufacture of wastewater treatment polymers and emulsions processing, so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations; or in laboratory supplies and chemicals. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields 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: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing, or later-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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized LUR Update (“LURU”) to DEQ, and to the Director of Mecklenburg County’s Land Use & Environmental Services Agency, certifying that, as of said January 1st, the Notice remains recorded at the Mecklenburg County Register of Deeds office and that its land use restrictions are being complied with, and stating: 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; ______________________________________________________________ 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; and ______________________________________________________________ whether the Soil Vapor Extraction system operating on the Property as of recordation of the Notice is operational as of the LURU’s submittal. If not, DEQ may require the then Property owner(s) to take such actions as DEQ determines are necessary to ensure the Property is suitable for the uses specified in LUR 1 above while fully protecting public health and the environment, including without limitation further vapor intrusion assessment or risk assessment. ______________________________________________________________ ☐ 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 Mecklenburg 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: _________________