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Home My WebLink About16029_Southern States_LURUModel_2016_10_13 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Southern States Cooperative (Address: 3800 North Liberty Street amended 9/16/2014)County: Wilson Project #: 16029-12-098 Prospective Developer: ____________________________ 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 Property other than for a small to (amended 9/16/2014) medium-sized recycling center for the collection of ferrous scrap materials, nonferrous scrap materials, white goods, cars and certain waste vehicular fluids, automotive lead acid batteries, electric and electronic scrap materials, paper goods including cardboard, potentially plastic and glass, and/or with prior written Department of Environmental Quality (“DEQ”) approval, other non-hazardous scrap materials; and for retail sales and minor maintenance of farm equipment. For purposes of this restriction, the following definitions apply: a."Recycling" refers to the derivation of useable materials, or materials suitable for reuse from the collection, sorting, or processing of used or waste materials. b."Ferrous scrap materials" are defined as those that contain magnetic metals that are predominantly composed of iron, including steel and stainless steel; c."Nonferrous scrap materials" are defined as those that do not contain iron, but contain other metals such as aluminum, brass, copper, and lead; d."White goods" are defined as obsolete major appliances such as refrigerators, water heaters and stoves; e."Waste vehicular fluids" are defined as gasoline, diesel, and used motor oil; f."Electric and electronic scrap materials" are those derived from consumer electric products such as mercury switches, insulated wires, electric motors, and consumer electronic products such as audio and video recording equipment, digital cameras, computers, copiers, printers and cellular phones; g."Paper goods" are defined as scrap or waste paper, including stationery, photocopy paper, computer paper, newspaper, magazines, and paper board products; h."Glass" refers to primarily glass bottles; and i."Plastic" refers to plastic goods with plastic recycling codes No. 1 and No. 2. j.“Farm equipment” refers to tractors, loaders, backhoes, tillers, mowers, and tractor parts and accessories. Form revised: 8-1-2016 Southern States Cooperative (#16029-12-098) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Recycling operations that include the draining and collection of waste vehicular fluids, or the storage of scrap materials shall be performed only over asphalt or concrete cap materials and in a manner that prohibits the release of fluids to the ground. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Groundwater at the Property may not be used for any purpose without the prior written approval of DEQ; In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Exposure to surface soil shall be minimized by maintaining a protective cover or cap over the surface of the Property where recycling operations are conducted. The cap shall consist of building foundations, asphalt paving or concrete surface material, or other impervious hardscape material. Landscaped areas may be incorporated into the cover design, but shall be constructed with a minimum of one foot of compacted clean fill or topsoil over native soil, unless sampling demonstrates that the exposed soil is safe for the intended reuse. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:The owner(s) of any portions of the Property containing the cap approved by DENR pursuant to the preceding LUR shall be responsible for inspecting on a periodic basis and maintaining such surfaces in good repair so that they retain their integrity and that the infiltration of surface water beneath the cap is minimized, whether or not another party has made a commitment to perform any part of said maintenance. In compliance Out of compliance ☐☐ Southern States Cooperative (#16029-12-098) LUR Update Remarks: ______________________________________________________________ LUR 6: No activity that disturbs soil on the Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment, except: in connection with de minimis soil removals to depths not exceeding 18 inches, mowing and pruning above-ground vegetation; and, for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair 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: ______________________________________________________________ LUR 7:None of the contaminants known to be present in the environmental media at the Property, including those in paragraph 7 of the Brownfields Agreement (aka: Exhibit A), may be used or stored at the Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities, in small quantities properly stored in above ground containers with sufficient secondary containment to prevent release of fluids to the ground and are stored in areas that are separate and distinct from known contaminated areas at the site, and as constituents of automotive fluids present in vehicles in use or temporarily stored at the facility in a manner that prohibits the release of contaminants to the ground. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Property may not be used as a park or for contact sports of any kind without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Property may not be used for agriculture or grazing of animals. In compliance Out of compliance ☐☐ Southern States Cooperative (#16029-12-098) LUR Update Remarks: ______________________________________________________________ LUR 10:The Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Property may not be used for kennels, private animal pens, or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The owner of any portion of the 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 Land Use Restriction is waived in writing by DEQ in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13:Neither DEQ, nor any party conducting environmental assessment or remediation at the 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 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 Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 14:During January of each year after the year in which the Notice of Brownfields Property referenced in paragraph 19 of the Exhibit A is recorded, the owner of any part of the st 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 officials of Wilson County, Southern States Cooperative (#16029-12-098) LUR Update st certifying that, as of said January 1 the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wilson 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 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 Property during the previous calendar year. ______________________________________________________________ providing copies of records pertaining to the design, construction, inspection, c. and/or maintenance of the site cap specified in LUR 4 and 5 above during the reporting period. ______________________________________________________________ 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 Wilson 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: __________________ Southern States Cooperative (#16029-12-098) LUR Update \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________