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Home My WebLink About16015_Coastal Lumber_LURUModel_2017_01_30NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Coastal Lumber Project #: 16015-12-025 Address: 936 North Craven Street County: Craven 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 No use may be made of the Property other than for any one or combination of the following uses: Commercial, Retail, Multi-Unit Residential, Single Family Residential, Green Space, and/or Parking use. For purposes of this restriction, the following definitions apply: "Commercial/Office": Land parcels used for wholesale, retail, office, entertainment or services, including those uses predominantly at street level on multi-functional structures, plus related contiguous accessory uses such as parking areas and service drives, and does not include schools and child care facilities. "Retail" refers to the sale of goods directly to the consumer. An activity the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer. Shopping Center: A group of commercial establishments, planned and developed as a unit, with common parking, pedestrian movement, ingress and egress, and used for the sale of merchandise or services to the public. "Multi-Unit Residential Use" refers to a permanent dwelling such as a condominium, apartment, group home, dormitory or boarding house where residential units are attached to each other with common walls and any property outside the dwelling structure is common to the residents and not privately owned as part of an individual dwelling unit. "Single Family Residential" refers to a permanent dwelling on an individually owned lot designed for residence by one family. "Parking" refers to the temporary accommodation of motor vehicles in an area designed for same. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this LUR is waived in writing in advance by the Department of Environmental Quality (“DEQ”) in relation to particular buildings, demolition of buildings on the Property depicted on the plat component of the Notice of Brownfields Property (“Notice”) referenced as Exhibit B must occur in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Property may not occur other than in accord, as determined by DEQ, with a Redevelopment Master Plan and Environmental Management Plan approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase with each revision subject to the requirements of paragraph 10 of the Brownfields Agreement [“Agreement”, aka Exhibit A]) that is consistent with all the other LURs and describes redevelopment activities at the Property, and contains the information described below: The Redevelopment Master Plan (RMP) will be designed to designate those areas where single family homes (and other development types) would be located. The RMP shall at a minimum contain: A revised proposed redevelopment schedule for tracts where it is known; New or revised property boundaries, including easements and utilities; A new or revised scaled drawing showing new or revised on-site structures; A description of revised landscaping and stormwater feature and controls, relative to areas of known other infrastructure and contamination (e.g. utilities, etc. or potential source areas); Construction plan showing cut and fill locations and depths; Revised site grading plan including current and future final grade elevations; Delineation of planned property use, whether retail, office, sports and health, etc.; Planned number of persons at full occupancy for each use; A new or revised scaled drawing showing new or revised on-site structures; Hard surfaces, hard permeable, etc., and the type of material such as concrete, asphalt, etc., including the proposed design for the subgrade and surface; A description of each proposed building, for new buildings including the number of floors, the type of foundation, and ground floor construction (such as "slab on grade"); For existing buildings show and describe planned modifications; The Environmental Management Plan will include descriptions of procedures and activities designed to address: assessment of individual residential lots' soils by PD's environmental consultant for arsenic, chromium, and any other contaminants of concern. all site preparation and sampling work associated with proposed single family residential areas. performance of a risk assessment using lot assessment data which is designed to evaluate the lot for single family home use. soil and water management issues, including without limitation those resulting from potential contamination identified in the Environmental Reports relating to proposed soil disturbances; issues related to potential sources of contamination referenced in paragraph 7 of the Agreement; surface soil sampling for any soil areas that are planned to be exposed during and after the planned development, and subsurface soil sampling as required by DEQ. contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and plans for the proper characterization of, and, as necessary, disposal of soils excavated during redevelopment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater at the Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activity that disturbs soil on the Property below a depth of two feet below the ground surface may occur, except in connection with emergency repair of underground infrastructure, provided that DEQ 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 DEQ shall be taken. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Property, defined as those not yet depicted on the property, or buildings depicted on the plat component of the Notice (aka: Exhibit B), may be occupied or demolished until: DEQ 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 Property's arsenic contamination. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of the Agreement, may be used or stored at the Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture or grazing, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The 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 DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this LUR is waived in writing by DEQ in advance. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ, 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 DEQ, 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: ______________________________________________________________ During January of each year after the year in which the Notice referenced in paragraph 22 of the Agreement, the owner of any part of the Property as of January 1st of that year, through the Property Association designated as the agent for enforcement of land use restrictions under N.C.G.S. §130A-310.35(t) in paragraph 16 of the Agreement, shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of Craven County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Craven County Register of Deeds office and that the land use restrictions are being complied with, and stating: 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 during the previous calendar year; 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. description of any known violations and enforcement actions taken or planned in order to correct violations consistent with paragraph 16 of the Agreement. the balance or adequacy of any measures including but not limited to cash, bond, insurance policy or other means to maintain compliance with paragraph 16 of the Agreement. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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 Notice of Brownfields Property recorded in the Craven County land records, Book 3282, Page 21." A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices and Submissions), though financial figures related to the conveyance may be redacted. ☐ 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 Craven 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)] 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: _________________