The URL can be used to link to this page

Home My WebLink About14031_BASF Pender Co_LURUModel_2012_10_09NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: BASF facility Pender County Project #: 14031-10-071 Address: 101 Vitamin Drive County: Pender / New Hanover 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 Brownfields Property other than for a commercial/industrial park with related water/sewer infrastructure, and as part of a hiking trail (with a restroom facility and parking lot) along the former railroad right-of-way adjacent to the west side of U.S. 421. For purposes of this restriction, Commercial/Industrial Park Development is defined as a form of development characterized by a unified site designed for a variety of commercial and industrial uses, open space, buffers, and a mix of building types in which flexibility is given to the project planning by allowing for the specific land uses to be determined as the market need arises, so long as the Department of Environmental Quality (“DEQ”) does not determine that any of the other LURs are being violated and that any of the conditions referenced in N.C.G.S. 130A-310.33(a) and (c) are present. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Other than in connection with demolition/removal of certain structures and utilities by June 7, 2013 pursuant to section 12.1 of the Prospective Developer/BASF Corporation purchase agreement regarding the Brownfields Property, soil on the Brownfields Property may not be disturbed unless and until DEQ states in writing, in advance of the proposed disturbance, that the disturbance may proceed, if carried out along with any measures DEQ deems necessary in connection with the proposed disturbance to avoid rendering the Brownfields 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: ______________________________________________________________ No building may be constructed on the Brownfields Property 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 Brownfields 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing on the plat component of the Notice of Brownfields Property (“Notice”), may be used or stored at the Brownfields 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 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 DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers, preschools or kindergarten through 12th grade schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields 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 Brownfields 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 Brownfields 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 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: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields 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 Pender County and New Hanover County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Pender County and New Hanover County Register of Deeds offices and 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 Brownfields 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 Brownfields 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 Pender 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: _________________