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Home My WebLink About10001_Lowes of North Hickory_LURU Model_20170913NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Lowes of North Hickory Project #: 10001-06-018 Address: 1430 Second Street NE County: Catawba 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 retail, office, parking and open space purposes, related stormwater structures including detention ponds, and streets and roadways. For purposes of this restriction, the following definitions apply: “Retail” refers to an activity the principal use or purpose of which is the sale of goods, products or merchandise directly to the consumer. “Office” refers to the conduct or rendering of business or professional services. “Parking” refers to an area designated for the temporary accommodation of motor vehicles, whether for a fee or as a service. “Open Space” refers to open and unobstructed land or water used for recreation, natural resource protection, amenities and /or buffers, which may include areas maintained in a natural or undisturbed character and areas improved for active or passive recreation. “Roadways” refers to areas that are predominantly used for vehicular transportation, though they may also contain pedestrian walkways, utility easements, railroad crossings and/or on-street parking. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Other than for the installation and functioning for its intended use of the “Stormwater Detention Pond” (as denominated on the plat component of the Notice of Brownfields Property {“Notice”}), no activities that remove, use or may encounter groundwater or surface water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that may encounter water) may occur on the Brownfields Property without prior sampling and analysis of groundwater in any areas proposed for such activities to the written satisfaction of the Department of Environment and Natural Resources (“DEQ”), and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ imposes, including at a minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building constructed on the Brownfields Property may be used until a professional engineer licensed in North Carolina has provided DEQ certification under seal that a mechanical ventilation system was installed in the building in accordance with design specifications and in compliance with the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil within the area denominated “Area of Possible Soil Contamination” on the plat component of the Notice may not be exposed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in Land Use Restriction 1. above while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, or likely pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law or capped to the written satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except in accordance with prior written conditions imposed by DEQ, landscaping and contours at the Brownfields Property may only be disturbed: in connection with planting, mowing and pruning of vegetation, to a soil depth of three (3) feet or less; and in connection with the maintenance, repair or replacement of underground utilities, to whatever depth is required, as long as no saturated soils associated with any water table are encountered. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables 1 and 2 of the Notice, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts in consumer products routinely kept for display or sale at the Brownfields Property, and in products kept at the Brownfields Property for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools, except that playground products (such as swing sets) may be displayed on paved areas as a routine part of selling those products to consumers at the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ certifying that the Notice remains recorded at the Catawba County Register of Deeds office, and that the land use restrictions are being complied with. ☐ 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 Catawba 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: _________________