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Home My WebLink About13017_Texfi Ind_LURUModel_2017_01_18NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Texfi Industries Project #: 13017-09-026 Address: 601 Hoffer Drive County: Cumberland 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 The Property may be put to the following uses, but only if all of the Brownfields Agreement’s (Agreement) land use restrictions are complied with: open air storage of municipal equipment and materials; expansion of the security perimeter of the Hoffer Water Plant to comply with homeland security and other requirements; continuation and expansion of the Cape Fear pedestrian/bike trail connecting with Clark Park, which shall be located outside the area designated “Former Industrial Facility” and only within the “Cape Fear Trail-Recreation Approved” area referenced on the plat component of the Notice of Brownfields Property (“Notice”), Exhibit B to the Agreement; a Prospective Developer/Cumberland County Public Safety Answering Point; and a two (2)-megawatt solar energy power plant. “Public Safety Answering Point” refers to a facility responsible for answering emergency calls, dispatching appropriate police, firefighters and emergency medical personnel as appropriate, and in some cases broadcasting emergency messages to the public. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ If the building designated “Manufacturing Building” on the plat component of the Notice, Exhibit B to the Agreement, is demolished, demolition shall 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. No use of the Manufacturing Building may occur unless and until the use’s proponent satisfies the Department of Environmental Quality (“DEQ”) in writing as to which portions of the building are structurally unsound and which are sound. No use may occur of structurally unsound portions of the building unless and until they are retrofitted to DEQ’s written satisfaction. No use of enclosed, structurally sound portions of the Manufacturing Building or new building construction within the “Former Industrial Facility” as designated in LUR 6 below may occur unless and 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 volatile contaminant plume; or vapor mitigation measures approved in writing by DEQ 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 DEQ and deemed satisfactory in writing by that agency. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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) may occur on the Property without prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results reflect contaminant concentrations that exceed the standards and/or screening levels applicable to the uses authorized for the Property, the groundwater-related activities proposed may only occur if the risks associated with the contamination are mitigated in advance to DEQ’s written satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil at the Property may not be disturbed unless and until DEQ determines that, residual contamination notwithstanding, the area proposed to be disturbed is suitable for the uses specified in LUR 1 above and public health and the environment are fully protected, following the taking of any measures addressing the contamination that DEQ deems necessary. Such measures may include without limitation environmental sampling, soil removal, treatment and/or capping, and shall be proposed in a soil management plan that must be approved in writing by DEQ prior to its implementation. Provided, that in areas of the Property subject to this restriction that the plat component of the Notice, Exhibit B to the Agreement, show to be covered by concrete and/or asphalt, such concrete and/or asphalt shall be maintained and/or replaced such that it, to DEQ’s written satisfaction, caps soil contamination in the area and minimizes infiltration of surface water and run-off. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unauthorized access to the area designated “Former Industrial Facility,” on the plat component of the Notice, Exhibit B to the Agreement, shall be discouraged through measures including secure perimeter fencing and signage. Unauthorized access to the area designated “Wastewater Equalization Basin” on the subject plat shall also be discouraged, through separate security fencing, until said basin is removed and potential soil contamination that may be detected beneath its footprint and that exceeds appropriate screening levels is addressed in accordance with LUR 5 above to DEQ’s written satisfaction. Industrial/commercial screening levels will be considered appropriate for this site as long as site uses remain as stated within the land use restrictions herein. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining, including without limitation extraction of coal, oil, natural gas or any other mineral or non-mineral substances, may be conducted on or under the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements or other sub-grade structures may be constructed on the Property unless DEQ first determines in writing that the structure will not be in contact with subsurface contaminants. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those listed in Exhibit A of the Notice, the Agreement paragraph 11, 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; or as constituents of fuels customarily used in vehicles and landscaping equipment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used as a park, for camping, or for ground contact sports of any kind, including but not limited to golf, football, soccer and baseball, without the prior written approval of DEQ, except for construction and use of an extension of the Cape Fear Nature Trail only within the “Cape Fear Trail-Recreation Approved” area referenced on the plat component of the Notice, Exhibit B to the Brownfields Agreement. Said trail shall be constructed to DEQ’s written satisfaction, shall be designated “Recreation Approved” on the plat component of the Notice, Exhibit B to the Agreement, and shall be maintained and left undisturbed other than through normal trail use, mowing and other maintenance to DEQ’s satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for residential purposes, as a playground, or for senior or child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for kennels, private animal pens or horse-riding. ☐ 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. ☐ 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 during normal business hours (though access shall be unlimited in emergency situations) for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to avoid interference with authorized uses of or damage to the Property. Such access shall be via the main gate to the Property on Hoffer Drive. ☐ 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 is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Cumberland County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Cumberland 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 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 contact person’s e-mail address, if said owner transferred any part of the Property during the previous calendar year. ______________________________________________________________ whether any vapor mitigation measures installed pursuant LUR 2.b. 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? ______________________________________________________________ whether material installed as caps pursuant to LUR 5 above is continuing to function as such and, if not, the steps taken to restore such function. ______________________________________________________________ whether security fencing and signage measures installed pursuant to LUR 6 above is continuing to function as such and, if not, the steps taken to restore such function. ______________________________________________________________ ☐ 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 Cumberland 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: _________________