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Home My WebLink About14014_Hawkins Street_LURUModel_2014_12_15 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Hawkins StreetAddress: 2171-2187 Hawkins Street Project #: County: 14014-10-060 Mecklenburg 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, retail 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 the rendering of business or professional services. c."Retail" refers to an activity, the principal use or purpose of which is the sale of goods, products, services or merchandise directly to the consumer, including without limitation restaurants, retail pet stores, nail and hair salons, spas, and drop-off/pick-up dry-cleaner stores that perform no dry-cleaning on-site. d."Commercial" refers to a business enterprise. Child care centers or adult care center are prohibited. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 2: If DENR determines that C.D. Spangler Construction Company has ceased implementation of the Natural Attenuation Corrective Action Plan (dated August 2009 and approved by DENR in May 2010), DENR may require the then-current owner of all or any portion of the Brownfields Property to conduct the monitoring activities described in Section 13.0 of said Natural Attenuation Corrective Action Plan which states "The proposed ground water monitoring plan for this site will consist of installing a single temporary well point in the area of former monitoring well MW- 5A in September 2016 and collecting a ground water sample and analyzing that sample for hexavalent and total chromium. If the chromium concentration of ground water has decreased to the range similar to that predicted by the modeling no further ground water monitoring will be required.", that DENR has determined necessary to make the Brownfields Property suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3: Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4: Unless compliance with this LUR is waived in writing by DENR in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property without prior sampling and analysis of groundwater to the written satisfaction of DENR in any areas proposed for such activities, and submittal of the analytical results to DENR. If such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DENR imposes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5: No building may be constructed on the Brownfields Property unless and until DENR determines in writing that: a.the building would be sufficiently distant from the Brownfields Property's groundwater 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 Highland Mill #3 – North Brevard (#20037-16-060) LUR Update b.a plan for a vapor intrusion mitigation system, approved in writing by DENR 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 6: None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit A to the Notice of Brownfields Property in subparagraph 8, 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7: 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 8: 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 9:During January of each year after the year in which the Notice referenced in paragraph 19 of Exhibit A is recorded, the owner of any part of the Brownfields Property as of st 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 of Mecklenburg County, certifying that, st as of said January 1 the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg 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. whether any vapor barrier and/or mitigation systems installed pursuant to c. subparagraph 5. 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 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: ______________________. Highland Mill #3 – North Brevard (#20037-16-060) LUR Update Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________