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Home My WebLink About12012_BASF Former (Asheville)_LURUModel_2017_01_30 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: BASF, Former Address: 1301 Sand Hill Road Project #:County: 12012-08-011 Buncombe 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 a retail shopping center, associated roadways and, if the Department of Environment and Natural Resources (“DENR”) issues prior written approval, other commercial and office purposes. For purposes of this restriction, the following definitions apply: a.“Retail Shopping Center” refers to a group of commercial establishments, planned and developed as a unit, with common parking, pedestrian movement, ingress and egress, where sale to the public of services not covered by LUR 1.c. below and merchandise occurs. b.“Commercial” refers to a business enterprise. c.“Office” refers the provision of business or professional services. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:No physical redevelopment of the Property may occur unless and until DENR’s Brownfields and Solid Waste programs conclude in writing that the proposed redevelopment will not negatively affect the cover, structural integrity and monitoring systems at the closed landfill facility located on adjacent property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ BASF, Former (#12012-08-011) LUR 3:The owner of the Property will have the sole responsibility to correct any impacts to the Property or the adjacent landfill, as determined by DENR, that increase the cost of compliance or ability to comply with rules and regulations for environmental protection, or adversely affect environmental permits regarding the Property or the adjacent landfill that are caused by development on the Property. Said corrections must be made with prior DENR approval to the written satisfaction of DENR’s Brownfields Program and Solid Waste Section. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4: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 excavation activities that encounter or expose groundwater) or surface water may occur on the Property without any prior sampling (and sampling analysis) DENR deems desirable, and any remediation DENR deems desirable based on the analysis, to ensure the Property is suitable for the uses specified in LUR 1.a. above and that public health and the environment are fully protected. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Soil in the areas designated “Area of Possible Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”), and soil underlying paved and other impervious surfaces and buildings at the Property, may not be disturbed unless and until DENR approves in writing a plan with a schedule, and its implementation, that requires: a.capping (with asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile, two (2) feet of clean soil 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 1.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 b.a written report regarding implementation of the plan, submitted no later than 30 days following its implementation, 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 such deficiencies. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ BASF, Former (#12012-08-011) LUR 6:No building may be constructed on the Property 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 be fully protected from the Property’s contaminated soil; or b.vapor mitigation measures approved in writing by DENR in advance are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s seal, and photographs illustrating the installation and a brief narrative describing it are submitted to DENR and deemed satisfactory in writing by that agency. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:No mining may be conducted on or under the 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 Property unless they are, as determined in writing by DENR, 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 Property, including those listed in Exhibit 3 of the Brownfields Agreement (“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: ______________________________________________________________ BASF, Former (#12012-08-011) LUR 10:The Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:The Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ 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. 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: ______________________________________________________________ BASF, Former (#12012-08-011) LUR 15: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 st officials of Buncombe County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Buncombe 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. 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 County Register of \[Enter County\] 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: ______________________. BASF, Former (#12012-08-011) Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________