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Home My WebLink About12005_Swift Adhesives_LURUModel_2011_11_17NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Swift Adhesives Project #: 12005-08-60 Address: 9724 Industrial 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, warehousing (including outside storage) and distribution purposes, with associated office space, as well as for other commercial purposes if the Department of Environmental Quality (“DEQ”) issues prior written approval. For purposes of this restriction, “industrial” refers to the assembly, fabrication or processing of goods or materials, “office” refers to the provision of business or professional services, and “commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. ☐ 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 DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil in the area designated “Area of Known Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”) may not be disturbed unless any sampling DEQ requires has been conducted, and any actions DEQ requires based on the sampling results have been taken, to ensure the Brownfields Property is and remains suitable for the uses specified in LUR 1 above and public health and the environment are fully protected. Actions required may include the capping or treatment of soil in situ and/or disposal off-site. Notwithstanding the above, soil disturbance in the subject “Area of Known Soil Contamination” in connection with de minimis soil removals to depths not exceeding 18 inches, mowing and pruning of above-ground vegetation, and emergency repair of underground infrastructure are exempt from this land use restriction; provided, however, that DEQ shall be given written notice (if only by email) of any emergency repair of underground infrastructure 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: ______________________________________________________________ With the exception of buildings that are not enclosed (for example, an open parking garage), no building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s groundwater contamination as reflected in the most recent sampling results reasonably available to DEQ and/or new sampling that DEQ requires. If DEQ determines that the proximity of the proposed building to said contamination would be such that the building’s users, public health and the environment might not be protected from risk from contaminated soil vapor, the building may not be constructed absent: a prior written DEQ determination that an assessment by the building’s proponent of the risk posed by the contamination demonstrates that no vapor mitigation measures are required; or implementation, to the satisfaction of a North Carolina-licensed professional engineer as reflected by documentation sealed by said engineer, of a plan for vapor mitigation measures based on the sampling results referenced above that is approved in writing by DEQ in advance and includes a proposed performance assessment prior to the building’s use for demonstration of the measures’ protection of the building’s users, public health and the environment from risk from the contamination. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Brownfields Property without DEQ’s advance written approval on such conditions as DEQ imposes, which shall in any event include the condition that they be, as determined in writing by DEQ, vented in conformance with applicable building codes. ☐ 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, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning, other routine housekeeping, and vehicle maintenance and service in compliance with applicable law (though vehicle parts and tools may not be washed in solvents containing any contaminants known to be present in the environmental media at the Brownfields Property); and except as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators. ☐ 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 Land Use Restrictions Update (“LURU”) to DEQ, and to the Director of Mecklenburg County’s Land Use and 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. ______________________________________________________________ whether any soil vapor mitigation measures installed pursuant to LUR 4 above are performing the function for which they were installed, and whether the uses of the ground floors of any buildings containing such measures have changed, and, if so, how. ______________________________________________________________ ☐ 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: _________________