The URL can be used to link to this page

Home My WebLink About16020_Witten Lumber_LURUModel_2017_01_30 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Witten Lumber 310 East Long Avenue Project #: County: 16020-12-036 Gaston 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 commercial office and retail establishments, including a retail fuel station and convenience store, which will sell petroleum products including gasoline and diesel fuels, food and beverages, and miscellaneous merchandise (QuikTrip #1045) in accordance with all applicable regulations. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Groundwater at the Property may not be used for any purpose without the prior written approval of the Department of Environment and Natural Resources (“DENR”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Physical redevelopment of the Property may not occur other than in accord, as determined by DENR, with the SMP approved in writing by DENR on December 20, 2012 (and revised to DENR's written satisfaction prior to each subsequent redevelopment phase, if more than one) that is consistent with all the other land use restrictions set forth in this section and describes redevelopment activities at the Property, the timing of redevelopment phase(s), and addresses health, safety and environmental issues that may arise from use of the 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, or that which may be associated with on-site borrow material or soil imported to the Property; Witten Lumber (#16020-12-036) b.issues related to potential sources of contamination referenced in paragraph 7 of the Brownfields Agreement (aka: Exhibit A); and c.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., contaminated soil beneath concrete slabs that are to be removed, tanks, drums, septic drain fields, etc.) In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:In accordance with the SMP required by LUR 3 above, the Property shall be covered with a soil cap, vegetative cover, asphalt, concrete, or building foundations such that DENR concludes in writing that the Property is suitable for the uses specified in LUR 1 above and that public health and the environment are fully protected, and are maintained, and left undisturbed other than through normal use. The area in the southern portion of the Property as denoted on the plat component of the Notice of Brownfield Property (“Notice”) in Exhibit B shall be redeveloped with a cap consisting of a minimum of one (1) foot of clean fill material and/or six (6) inches of reinforced concrete. Final grade sampling of shallow soil shall be conducted in accordance with the SMP to DENR's written satisfaction on any areas of the site where native soil is exposed. When soil at the Property is capped, a written report verifying cap installation, compaction and. final grade thickness and elevations, and summarizing any sampling or geotechnical testing of the cap or cap materials in areas that will not be covered by buildings, as well as a plan for the cap's inspection and maintenance, shall be submitted to DENR no later than 30 days following installation. Any deficiencies DENR identifies in the report or plan shall be corrected to DENR's written satisfaction within 30 days after DENR provides written notice of such deficiencies. Whenever the plan requires actions, the then owner(s) of affected portions of the Property shall comply. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No activity that disturbs native and/or capped 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 1 above while fully protecting public health and the environment, except in connection with de minimis soil removals within clean imported fill material; shallow planting of landscaping within imported fill or topsoil and mowing and pruning of above-ground vegetation; and for emergency repair of underground infrastructure provided that DENR 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 DENR shall be taken. In compliance Out of compliance ☐☐ Witten Lumber (#16020-12-036) Remarks: ______________________________________________________________ LUR 6:The Property may not be used as a playground, for child care centers, schools, or residential developments, without the prior written approval of DENR. 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 appearing in paragraph 7 of Exhibit A 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 8: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 land use restriction is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9: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 upon reasonable notice to the property owner, and using reasonable efforts to minimize interference with authorized uses of the Property (though access shall be unlimited in emergency situations). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Witten Lumber (#16020-12-036) LUR 10:During January of each year after the year in which the Notice is recorded, the st 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, and to the chief public health and environmental officials st of Gaston County, certifying that, as of said January 1, the Notice containing these land use restrictions remains recorded at the Gaston 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.the results of inspection and maintenance activities of the property cap or cover materials conducted within the past year. ______________________________________________________________ d.the nature and result of any environmental management issue that was addressed during the preceding 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 Gaston 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: __________________ Witten Lumber (#16020-12-036) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________