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Home My WebLink About15026_Honeywell (Jengor-Mars Hill)_LURUModel_2015_04_17 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Honeywell (aka Jengor-Mars Hill) 400 Hickory Drive Project #: County: 15026-11-058 Madison 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 Property other than for an industrial/commercial park, manufacturing, with associated warehousing and distribution activities, offices, hydroponic gardening, and parking and driveways as well as other commercial uses with prior written the Department of Environment and Natural Resources (“DENR”) approval. For purposes of this restriction, the following definitions apply: a."Industrial/Commercial Park" refers to a form of development characterized by a unified site designed for a variety of commercial and industrial uses, open space, buffers, and a mix of building types in which flexibility is given to the project planning by allowing for the specific land uses to be determined as the market need arises. b."Manufacturing" refers to the assembly, fabrication or processing of goods or materials. c."Offices" refers to the provision of business or professional services and other services related to the facilities and activities. d."Warehousing and distribution" refers to the storage of product and dock space for loading and shipment to vendors. e."Hydroponic Gardening" refers to a method of growing plants using a mineral nutrient solution in water, without soil. Plants will be grown indoors in reservoirs made of plastic, concrete, glass, metal, vegetable solids, or wood. f."Parking" refers to any area designed and designated for temporary accommodation for motor vehicles whether for a fee or as a service. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Honeywell (#15026-11-058) LUR 2:If DENR determines that Honeywell International, Inc., has discontinued the implementation of the current annual groundwater monitoring program for the Property, DENR may require the then current owner of all or any portion of the Property to implement the current annual groundwater monitoring program for the Property. DENR may require the then current owner of all or any portion of the Property to conduct such monitoring activities as DENR's Brownfields Program determines are reasonably necessary to make the Property suitable for the uses specified in LUR l.a. above while fully protecting public health and the environment. Such activities, if required by DENR of the then-current owner, shall be conducted pursuant to a plan submitted to, and approved by, DENR in advance. The plan shall include, but is not limited to, sampling methodology, analytes, analytical methods, a schedule for sampling, and criteria for cessation of monitoring. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Surface water and groundwater at the Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No activity that disturbs soil on the Property may occur 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 Property will be suitable for the uses specified in LUR l.a., above while fully protecting public health and the environment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Soil in the area designated "Area of Possible Soil Contamination" on the plat component of this Notice, may not be disturbed unless and until DENR approves in writing a plan with a schedule, and its implementation, that requires: a.capping or paving (with asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other impervious material approved in writing in advance by DENR), remediation and/or removal of sufficient soil to satisfy DENR that the Property is suitable for the uses specified in LUR l.a. above and that public health and the environment are fully protected despite any remaining soil contamination, as determined by sampling of each excavation's side walls and bottom; and Honeywell (#15026-11-058) b.a written report regarding implementation of the plan, submitted no later than 30 days following implementation completion, and correction of any deficiencies DENR identifies in the report or in implementation of the plan within 30 days after DENR provides written notice of any deficiencies. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No building may be constructed on the Property and no existing building, defined as those depicted on the plat component of this Notice, may be occupied until: a.DENR 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 Property's volatile contaminant plume; or b.vapor mitigation measures are installed or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal on a report that includes photographs and a description of the installation and performance of said measures. All vapor mitigation measures shall be installed or implemented in accordance with a plan approved in writing by DENR in advance, including methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:If DENR determines that Honeywell International, Inc., has discontinued the operation of the existing sub-slab depressurization system, DENR may require the then current owner of all or any portion of the Property to continue operation of the subslab depressurization system or another vapor mitigation measure/system approved in advance, in writing by DENR. Such operation shall continue as long as the DENR's Brownfields Program determines they are necessary to make the Property suitable for the uses specified in LUR l.a. above while fully protecting public health and the environment. The planned equipment realignment to move the blower and vent to an exterior location will not change this requirement. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Honeywell (#15026-11-058) LUR 8:Any vapor mitigation measures or system shall be performance tested semi- annually, in accordance with a written plan submitted to DENR for review and approval, with modifications at DENR's discretion. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:None of the contaminants known to be present in the environmental media at the Property, including those appearing in Exhibit 2 to the Brownfields Agreement, may be used or stored at the Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Property may not be used for agriculture or grazing, with the exception of hydroponic gardening as defined in LUR l.e., above. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The 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 DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Honeywell (#15026-11-058) LUR 13:The owner of any portion of the 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 LUR is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 14:Neither DENR, 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 DENR, 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 15:During January of each year after the year in which the Notice of Brownfields st Property is recorded, the owner of any part of the Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR certifying that, as of said st January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Madison 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 e-mail 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. ______________________________________________________________ c.whether any vapor barrier and/or mitigation systems in place as of the effective date of this agreement or installed pursuant to subparagraph 6.b., above are performing Honeywell (#15026-11-058) as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems 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 Madison 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: _________________