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Home My WebLink About15010_Pennston Site_LURUModel_2016_08_16 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Pennston SiteAddress: 3600 Reedy Fork Parkway Project #: County: 15010-11-041 Guilford 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 LUR 1:No use may be made of the Brownfields Property other than for commercial retail and office use or other commercial uses approved in advance and in writing by the Department of Environmental Quality (“DEQ”). For purposes of this restriction., the following definitions apply: a.Retail shall mean the sale of goods directly to the consumer; and b.Office shall mean places where business or professional services (including medical services), are rendered. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Any future demolition of buildings constructed on the Brownfields Property shall be conducted in strict 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 or its successors in function. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3: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 Pennston Site (#15010-11-041) LUR Update excavation activities that encounter or expose groundwater) may occur on the Brownfields Property without DEQ's prior written approval on such conditions as DEQ determines are warranted, which may include prior sampling and analysis of groundwater to DEQ's written satisfaction. If sampling occurs and discloses to DEQ contamination that DEQ determines may place at risk the Brownfields Property's suitability for the use specified in LUR 1 above or public health 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: ______________________________________________________________ LUR 4:No building may be constructed on the Brownfields Property unless and until DEQ determines in writing that: a.the building would be sufficiently distant from the Brownfields Property's groundwater contamination and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or b.a plan for a vapor intrusion mitigation system, approved in writing by DEQ in advance and including a proposed performance assessment for demonstration of the system's protection of the building's users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Soil may not be disturbed at the Brownfields Property at a depth greater than fifteen (15) feet below the surface of the ground without DEQ's prior written approval and on such conditions 1) as DEQ determines are warranted to ensure the Brownfields Property is suitable for the uses specified above in LUR 1. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Pennston Site (#15010-11-041) LUR Update LUR 6:The Brownfields Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7: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: ______________________________________________________________ LUR 8: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: ______________________________________________________________ LUR 9:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those referenced in paragraph 7 of, or listed in Exhibit 2 to, Exhibit A, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The owner of any portion of the Brownfields Property where any existing or- tater 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Pennston Site (#15010-11-041) LUR Update LUR 11: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: ______________________________________________________________ LUR 12: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 Brownfields 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 Guilford County, certifying that, as of said January st 1, the Notice containing these land use restrictions remains recorded at the Guilford 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 Brownfields 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 Brownfields Property during the previous calendar year. ______________________________________________________________ c.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 4.b. above are performing 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 Guilford 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: __________________ Pennston Site (#15010-11-041) 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: _________________