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Home My WebLink About16040_River Park_LURUModel_2016_10_13 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: River ParkAddress: 1833 Loop Road Project #: County: 16040-12-051 Johnston 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 public use for: recreation, athletic fields, staging area for fire department training, and associated parking. For purposes of this restriction, the following definitions apply: A."Recreation" refers to public or private golf courses, swimming pools, tennis courts, ball fields, ball courts, and similar uses which are not enclosed in buildings and are operated on a commercial or membership basis. B."Athletic Fields" refers to land parcels used for indoor and outdoor exercise-related and otherwise physically focused activities, whether active or passive, and the facilities for same, including sports-related courts and fields and open space and greenways. C."Staging Area for Local Fire Department" refers to a location where people, vehicles, equipment or material are assembled before use. Activities such as setting or managing fires for training or other purposes, or storage of chemicals, fuels, or solvents of any kind for this purpose is prohibited. D."Parking" refers to temporary accommodation of motor vehicles in an area designed for same; In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the Property may not be used for any purpose, including recreation, without the prior written approval of Department of Environment and Natural Resources (“DENR”). In compliance Out of compliance ☐☐ Form revised: 8-1-2016 River Park (#16040-12-051) LUR Update Remarks: ______________________________________________________________ LUR 3:Soil disturbances must be handled in accordance with an approved Soil Management Plan, including subsequent DENR approved modifications to that plan. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No activity that cuts or excavates soil within the area denoted on the survey plat (Exhibit B of the Notice of Brownfields Property) labeled "former disposal trench (now removed)" 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, mowing and pruning of aboveground vegetation, landscape plantings that do not exceed 18 inches in depth; 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 ☐☐ Remarks: ______________________________________________________________ LUR 5:None of the contaminants known to be present in the environmental media at the Property above applicable standards or screening levels, including those listed in paragraph 7 of the Exhibit A (aka: 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 6:The Property may not be used as a playground, or for child care centers or schools without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ River Park (#16040-12-051) LUR Update LUR 7: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 or replacement and/or abandonment of any such wells to DENR's written satisfaction. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:Contamination on the Property that is known to exist or is discovered prior to or during redevelopment and that falls within the jurisdiction of DENR's Underground Storage Tank ("UST") Section, shall be addressed in accordance with the applicable provisions of law and the Guidelines of DENR's UST Section. Summaries of all reports with corresponding maps and data tables relating to such contamination, including any "No Further Action" letters issued by DENR's UST Section, shall be submitted to the DENR contact referenced in paragraph 36.a. of the Exhibit A within seven (7) days after the date of the report. 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 using reasonable efforts to minimize interference with authorized uses of the Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10: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, and to the chief public st health and environmental officials of Johnston County, certifying that, as of said January 1 the Notice of Brownfields Property containing these land use restrictions remains recorded at the Johnston 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 in fee during the previous calendar year; and ______________________________________________________________ River Park (#16040-12-051) LUR Update 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 in fee during the previous calendar year. ______________________________________________________________ LUR 11:Any deed or other instrument conveying an interest in the Property executed by an owner of any interest in the Property shall contain the following notice: "The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the 4507 Notice of Brownfields Property recorded in the Johnston County land records, Book , Page 165 .” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of the Exhibit A, though financial figures related to the conveyance may be redacted, and such disclosure may be made subject to the confidentiality and trade secret provisions of the North Carolina Public Records Law (to the extent applicable). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The Property may not be used for aquaculture. 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 Johnston 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: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] River Park (#16040-12-051) LUR Update 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: _________________