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Home My WebLink About09068_Piedmont Triad Research Park (Central)_LURUModel_2015_04_17NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Piedmont Triad Research Park - Central Project #: 09068-05-034 Address: 437 East 3rd Street (Multiple) County: Forsyth 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 No use may be made of the Brownfields Property other than for bio-technology research facilities, offices, retail outlets, public open areas, high-density residences, performance/concert halls, hotels, community centers, swimming pools, parking, schools and, if the Department of Environmental Quality (“DEQ”) issues prior written approval, any uses not listed above that are allowed by the Master Plan, Central District of the Piedmont Triad Research Park (now known as "Wake Forest Innovation Quarter"), dated January 6, 2010. For purposes of this restriction, the following definitions apply: "Bio-technology research facilities": facilities housing investigation, experimentation and education in the field of bio-technology, devoted to the discovery of new facts and their correct interpretation, the revision of accepted conclusions, theories or scientific laws in light of newly discovered facts, and the practical applications of such new or revised conclusions, theories or laws. "Offices": places where business or professional services are conducted or rendered, including personal, business, professional, medical and dental offices. "Retail outlets": businesses that sell goods directly to consumers; the term includes restaurants. "Public open areas": golf courses, tennis courts, ball fields, ball courts, playgrounds and other unenclosed recreation sites that are approved in writing by DEQ in advance, as well as landscaped or natural areas. "High-density residences": structural units used as permanent dwellings that are attached to each other with common walls (such as condominiums, apartments, group homes, dormitories or boarding houses) and whose occupants share privileges, and in some cases ownership, regarding property outside said units. "Performance/concert halls": indoor or outdoor facilities suitable for the presentation of artistic and/or musical productions, which facilities may be constructed below the ground surface only with DEQ's advance written approval. "Hotels": buildings containing more than four individual rooms that provide overnight lodging facilities, and reservation, cleaning, utilities and on-site management and reception services for paying customers. "Community centers": structures, with associated public open areas as defined above, that are approved in writing by DEQ in advance and that are used for educational, civic, recreational, athletic or other gatherings and activities. "Swimming pools": indoor or outdoor facilities designed to contain water for swimming and constructed in locations and in conformance with a design approved in writing in advance by DEQ. Groundwater from the Brownfields Property shall not be used in swimming pools, and non-municipal water may only be used in any swimming pool on the Brownfields Property with advance written DEQ approval. "Parking": an area designed and designated for temporary accommodation of motor vehicles above- or below-ground, for a fee or as a service. "Schools": institutions providing elementary school, middle school, junior high school, high school, collegiate, graduate or post-graduate education; or institutions providing pre-school/child daycare services if the location, layout and design of such services are approved in writing in advance by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this LUR is waived in writing in advance by DEQ in relation to particular buildings, no use of the Brownfields Property may occur prior to demolition of all buildings on the Brownfields Property depicted on the plat component of this Notice in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any soil contamination discovered on the Brownfields Property prior to, during or after redevelopment, as defined by DEQ, shall be assessed by a qualified environmental professional approved in writing in advance by DEQ. If DEQ determines that additional sampling is necessary, such sampling shall be conducted in a manner and to an extent approved in writing in advance by DEQ in general accordance (unless otherwise provided herein), as determined by DEQ, with field procedures and laboratory testing methodologies described in the most current version of Appendices A and B of the Guidelines for Assessment and Cleanup of the Inactive Hazardous Sites Branch of DEQ's Superfund Section. Soil assessment reports satisfactory to DEQ shall be submitted to DEQ not more than 30 days following completion of any assessment activities conducted pursuant to this restriction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any soil contamination discovered on the Brownfields Property prior to, during or after redevelopment, as defined by DEQ, that DEQ determines requires remediation based on a review of soil assessment reports shall, on a schedule approved in writing in advance by DEQ, be remediated in a manner approved by, and to the written satisfaction of, DEQ, in general accordance, as determined by DEQ, with field procedures and laboratory testing methodologies described in the most current version of the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section. Soil remediation reports satisfactory to DEQ shall be submitted to DEQ not more than 60 days following completion of any remediation activities conducted pursuant to this restriction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property until DEQ: determines in writing, based on submittals from the building'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; or approves in writing vapor mitigation measures for the building. If this option is selected, the building may not be used until the measures are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal in a submittal to DEQ, and photographs illustrating the installation and a brief narrative describing it are submitted to DEQ and deemed satisfactory in writing by that agency. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ, with the exception of storm water collected on the Brownfields Property by a stormwater collection and management system. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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 without prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination that DEQ determines puts at risk the Brownfields Property's suitability for the uses specified in LUR 1, above, and/or public health and/or the environment, 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: ______________________________________________________________ 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: ______________________________________________________________ No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No contaminant known to be present in the environmental media at the Brownfields Property, including those listed in Exhibit 2 of the Exhibit A (aka: Brownfields Agreement), may be used or stored at the Brownfields Property other than in de minimis amounts for cleaning and other routine housekeeping activities. Provided, that such contaminants may be used or stored at the Brownfields Property as constituents of materials present in conjunction with the uses permitted by LUR l, above, if DEQ has approved in writing a spill containment plan for such contaminants, and that any other measures required by law in connection with the proposed use or storage are implemented. ☐ 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: ______________________________________________________________ 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 of Brownfields Property 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 chief public health and environmental officials of Forsyth County, certifying that, as of said January 1st, the Notice containing these land use restrictions remains recorded at the Forsyth County Register of Deeds office and the 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 vapor mitigation measures installed pursuant to subparagraph 14.f.ii. of Exhibit A are performing as designed, 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 Forsyth 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: _________________