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Home My WebLink About11018_Baker Property_LURUModel_2015_04_17 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Baker Property, Former 180 Newspaper Way Project #: County: 11018-07-092 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 industrial/commercial uses, including but not limited to a self-storage facility, or other industrial/commercial uses preapproved in writing by the Department of Environment and Natural Resources (“DENR”). For purposes of this restriction, the following definitions apply: a.Industrial shall mean the assembly, fabrication or processing of goods or materials; and b.Commercial shall mean a business enterprise carried on for profit by the owner, lessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:No building constructed on the Brownfields Property that contains indoor air space may be used or occupied unless and until: a.the analytical results of landfill gas sampling, conducted at the Brownfields Property in accordance with a work plan pre-approved in writing by DENR, demonstrates to DENR's written satisfaction that there is no unacceptable risk to public health or the environment related to the presence of landfill gas at the Brownfields Property, or; b.landfill gas mitigation measures are installed or implemented at the Brownfields Property to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report that includes photographs and a description of the installation and performance of said measures. All landfill gas mitigation measures shall be installed or implemented in accordance Baker Property, Former (#11018-07-092) with a plan that is pre-approved in writing by DENR, and that includes methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DENR, with an Environmental Management Plan (EMP) preapproved in writing by DENR (and revised to DENR's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions in this Agreement, that describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases and that 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.issues related to potential sources of contamination referenced in paragraph 7 of Exhibit A (aka: Brownfields Agreement); c.contingency plans for addressing any newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and d.plans for any necessary excavation and proper off-site disposal of waste material encountered or discovered during redevelopment activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Baker Property, Former (#11018-07-092) LUR 5:No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property unless and until DENR states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DENR deems necessary to ensure the Brownfields Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing above in the table of Groundwater Contaminants and on the plat component of the Notice of Brownfields Property referenced in paragraph 18 of Exhibit A, may be used or stored at the Brownfields Property without the prior written approval of DENR, except in de minimis amounts. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DENR-approved monitoring well is damaged shall be responsible for repair of any such wells to DENR's written satisfaction and within a time period acceptable to DENR, unless compliance with this Land Use Restriction is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:Neither DENR, 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 DENR, 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: ______________________________________________________________ Baker Property, Former (#11018-07-092) LUR 9:Any deed or other instrument conveying an interest in the Brownfields Property executed by an owner of any 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 Wake County land records, Book __ , Page __ ." A copy of any such instrument shall be sent to the persons listed in Section XVI of Exhibit A (Notices and Submissions), though financial figures related to the conveyance may be redacted. 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 Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the chief public health and st environmental officials of Wake County, certifying that, as of said January 1 the Notice 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. The LURU shall also state: 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: ______________________________________________________________ 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: __________________ Baker Property, Former (#11018-07-092) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________