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Home My WebLink About04004_National Textiles_LURU Model_2017912NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: National Textiles Project #: 04004-00-012 Address: 100 Reep Drive County: Burke Prospective Developer: ____________________________ 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 other than industrial may be made of the Property. Heavy and light manufacturing uses are industrial uses for purposes of these land use restrictions; the following definitions of those terms apply herein: Heavy Manufacturing: The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average (though legal) impacts on the environment, or that ordinarily have significant impacts (though legal) on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards, or that otherwise do not constitute “light manufacturing” or any use where the area occupied by outdoor storage of goods and material used in assembly, fabrication or processing exceeds 25 percent of the floor area of all buildings on the lot. Light Manufacturing: The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place, where such processes are housed entirely within a building, or where the area occupied by the outdoor storage of goods and material used in such processes does not exceed 25 percent of the floor area of all the buildings on the property; light manufacturing also includes industrial uses in which no process water or wastewater is generated. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Property may not be used for any purpose without the approval of the Department of Environmental Quality (“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, other than those required by paragraph 14 of the Brownfields Agreement (“Agreement”), without prior sampling and analysis of groundwater to the satisfaction of DEQ in any areas proposed for such activities, 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 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: ______________________________________________________________ Soil, landscaping and contours at the Property may not be disturbed without the approval of DEQ, except for mowing and pruning of above-ground vegetation. Such approval shall not be unreasonably withheld. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Property. ☐ 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 paragraph 8 of the Agreement, may be used or stored at the Property without the prior approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 8: The Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building on the Property may be constructed or enlarged until DEQ has been consulted regarding the proximity of the planned building or expansion to the Property’s volatile contaminant plume. If DEQ determines that the footprint of the building would fall within one hundred (100) feet of said plume, construction may not occur without a DEQ-approved vapor barrier system and/or mechanical or passive vapor mitigation system, or other effective vapor mitigation system approved by DEQ. Within thirty (30) days following installation of the barrier and/or mitigation system, DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative description. No action may be taken that would alter, modify or impede the function of any vapor barrier system and/or mechanical or passive vapor mitigation system without DEQ’s prior written approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No enlarged area of any building depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 19 (“existing building”), nor any building not depicted on said plat (“new building”), may be used until mechanical ventilation with outdoor air is provided in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code (“Code”) or another standard approved in writing in advance by DEQ, notwithstanding any exceptions the Code or alternative standard may contain, unless compliance with this land use restriction is waived in writing by DEQ in advance in regard to particular enlargements or buildings. Within thirty (30) days following installation of the subject mechanical ventilation in a new building, or modification of a mechanical ventilation system in connection with enlargement of an existing building, a professional engineer licensed in North Carolina shall provide DEQ certification under seal that the ventilation system was installed in accordance with its design specifications and complies with the Code. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ As to buildings depicted on the plat component of the Notice of Brownfields Property, within 120 days after recordation of the Notice, a professional engineer licensed in North Carolina shall provide DEQ certification under seal that mechanical ventilation with outdoor air is being provided using a mechanical ventilation system that is in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the Code or another standard approved in writing in advance by DEQ, notwithstanding any exceptions the Code or alternative standard may contain, unless compliance with this LUR is waived in writing by DEQ in advance in regard to particular buildings. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ In any building depicted on the plat component of the Notice, within 120 days after recordation of said Notice all sumps, cracks and other subsurface openings and penetrations in the floor within the area denominated “Area of Potential Vapor Concern” shall be and remain permanently sealed with concrete, epoxy resin and/or other material that meets with DEQ’s prior written approval unless this land use restriction is waived in writing, in advance, by DEQ in regard to particular buildings. DEQ may, in its discretion, approve in writing, in advance, new penetrations of the floor in the area denominated “Area of Potential Vapor Concern” in connection with redevelopment activities on condition that any such penetrations be immediately sealed. If such penetrations occur, within thirty (30) days after completion of the redevelopment in question, as determined by DEQ, DEQ shall be provided a report that includes a narrative description and photographic illustrations, prepared under seal of a licensed professional engineer, certifying that all penetrations in the building in question are sealed. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment, in the form of sampling or otherwise, or remediation at the Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Property for purposes of conducting such assessment or remediation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Property where any existing or later DENR-approved monitoring well is damaged shall be responsible, at DEQ’s discretion, for abandonment or repair of such well(s) in compliance with 15A NCAC 2C to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless this requirement is waived in writing by DEQ. Upon DEQ’s written request to abandon a monitoring well, the owner of the portion of the Property containing the well shall effect abandonment in compliance with 15A NCAC 2C. Said owner shall provide DEQ a written summary of the abandonment procedures used, as well as well abandonment log(s), within thirty (30) days after abandonment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice referenced in paragraph 19 of the Agreement is recorded, the then current owner of any part of the Property shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that: the Notice of Brownfields Property containing these land use restrictions remains recorded at the Burke County Register of Deeds office; the land use restrictions are being complied with; any vapor barrier and/or mitigation systems installed pursuant to LUR 9 above are operational, intact and in the condition they were in when certified; any mechanical ventilation systems installed or modified pursuant to LUR 13 and/or LUR 14 above are operational and continue to comply with the Code or other standard in compliance with which it or they was or were installed; and all seals installed pursuant to paragraph 13 of the Brownfield Agreement and LUR 12 above remain intact and in the condition they were in when certified. ☐ 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 Burke 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: _________________