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Home My WebLink About14007_Bloom Industrial_LURUModel_20141215 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Bloom Industrial 3000 Stitt Street Project #: County: 14007-10-090 Union 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 industrial, office, distribution and warehouse use and, if the Department of Environment and Natural Resources (“DENR”) issues prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: a."Industrial" refers to the assembly, fabrication or processing of goods or materials. b."Office" refers to a use or structure where business or professional services are conducted or rendered. c."Distribution and Warehousing" refers to the storage and redistribution of goods for a business or other enterprise. d."Commercial" refers to an enterprise carried on for profit by the owner, lessee or licensee. Child and Adult Care centers or schools are not permitted without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 3:Within 60 days after the effective date of the Notice of Brownfields Property (“Notice”), Prospective Developer shall submit for DENR approval a plan, including a schedule, for indoor air sampling to determine whether and to what extent contaminant vapor is entering site buildings. When actions are required by the plan, it shall be the responsibility of the then owner(s) of the portions of the Brownfields Property containing buildings appearing on the plat component of the Notice to take said actions. If volatile organic compound ("VOC") sampling pursuant to that plan indicates to DENR that VOC levels present an unacceptable risk to building users, the subject owner shall submit a vapor mitigation plan, including a schedule, for DENR approval and shall implement said plan as approved in writing by DENR. DENR shall alter or terminate the testing and/or sampling requirement if it determines that it is not necessary in order for the Brownfields Property to remain suitable for the uses specified in LUR 1 above. The additional indoor air testing requirement described above may be waived by DENR if a vapor intrusion mitigation system installed in any buildings within the "Area of Possible Vapor Impacts" as delineated on the plat component of the Notice. Said mitigation system shall be installed and performance tested under the requirements of LUR 4 below. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No building may be constructed on the Brownfields 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 not be at risk from the Brownfields 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 5:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 to the Notice, may be used or stored at the Brownfields Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities, or as components in prepackaged materials used or sold in connection with uses permitted under this Agreement. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 6:The Brownfields Property may not be used for agriculture or grazing. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Brownfields 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 8:The Brownfields Property may not be used a child or adult day care centers. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The owner of any portion of the Brownfields 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 10:Neither DENR, 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 DENR, 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: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 11:During January of each year after the year in which the Notice is recorded, the st 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 DENR, and to the chief public health and st environmental officials of Union County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Union 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 3 and 4 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 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 Highland Mill #3 – North Brevard (#20037-16-060) LUR Update 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: _________________