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Home My WebLink About14042_High Penn Oil_LURUModel_2017_01_30 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: High Penn Oil RefineryAddress: 198 PPG Road Project #: County: 14042-10-041 Guilford 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 Property other than for the installation of a railroad spur terminating with a loading rack to serve a petroleum storage terminal on adjacent property, other industrial uses consistent with the industrial zoning of the property including manufacturing, assembling, fabrication, warehousing, wholesaling, research and development, and related activities, or other uses approved by the Department of Environment and Natural Resources (“DENR”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the 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:Soil on the Property within the area denominated “Area of Known Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”) referenced in Paragraph 18 of the Brownfields Agreement (“Agreement”), may not be disturbed unless and until DENR states in writing, in advance of the proposed disturbance, that the disturbance may proceed, in connection with which DENR may require any measures it deems necessary to avoid rendering the Property unsuitable for the uses specified in LUR 1 above or public health or the environment less than fully protected. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No buildings containing indoor space may be constructed on the Property unless and until DENR determines in writing that: the building would be sufficiently distant from the Property's volatile organic i. groundwater contamination that the building's users, public health and the environment will be protected from risk from soil vapor intrusion related to said contamination; investigation activities including collection of soil gas samples performed to ii. DENR's written satisfaction, which DENR determines in writing demonstrate that neither a vapor barrier system nor a mechanical or passive vapor mitigation system is needed for the building to be suitable for the uses specified in LUR 1 above and for public health and the environment to be fully protected; or a plan for a soil vapor intrusion mitigation system, approved in writing by iii. DENR in advance and require a performance assessment prior to the building's use that demonstrates the system's protection of the building's users, public health and the environment from risk from soil vapor intrusion, has been implemented to the satisfaction of a North Carolina licensed professional engineer as reflected by implementation documentation sealed by said engineer. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Use of the contaminants known to be present in the environmental media at the Property, including those appearing in Exhibit 2 to the Agreement (except for lead which is a component of a purchased product used at the Property). may not occur at the Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities, vehicle maintenance and service in compliance with applicable law (though vehicle parts and tools may not be washed in solvents containing any contaminants known to be present in the environmental media at the Property), and except as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 6: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 7: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 8: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 Guilford County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford County Register of Deeds office and the land use restrictions are being complied with, and stating: the name, mailing address, telephone and facsimile numbers, and contact i. 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. the transferee's name, mailing address, telephone and facsimile numbers, and ii. 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. Highland Mill #3 – North Brevard (#20037-16-060) LUR Update 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: ______________________. Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________