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Home My WebLink About04018_Flemington Landfill_LURU Model_20170913NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Flemington Landfill Project #: 04018-00-065 Address: Sutton Steam Plant Road County: 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 water supply wells may be installed or used at the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining activities may be conducted on the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except as provided in paragraph 10.i. of the Brownfields Agreement (“Agreement”), no disturbance, displacement or removal of soil in areas of the Brownfields Property denominated “PROHIBITED” on the plat recorded as Exhibit B with the Notice of Brownfields Property (“Notice”) is permitted without prior notification to and approval of the Department of Environmental Quality (“DEQ”) or its successor in function, any sampling of such waste material required by DEQ, and submittal to DEQ or its successor in function of analyses of such sampling along with plans and procedures to protect human health and the environment during the proposed activities. In the event such activities are approved by DEQ or its successor in function, the activities shall be conducted in strict accordance with all local, state and federal legal provisions concerning sampling, characterization, handling, transportation and disposal of waste material, and anyone conducting such activities shall provide to DEQ a report of such activities as required in said subparagraph 10.i. If any existing landfill waste material at the Brownfields Property is disturbed other than pursuant to this restriction number 3, the owner of any affected portion of the Brownfields Property shall effect sampling, characterization, handling, transportation and disposal of such waste material in strict accordance with local, State, and federal legal provisions, except that such waste material may not be disposed of on the Brownfields Property even if to do so would otherwise be in compliance with law, and shall, no later than seven (7) days following discovery of the disturbance, report the disturbance to DEQ in writing. Thereafter, the owner of any affected portion of the Brownfields Property shall report when and as required by DEQ regarding the disturbance, which reporting shall include, at a minimum, a written report that describes the nature and extent of the disturbance, the sampling, characterization, and handling of the waste material, and its transportation and disposal. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities which result in direct exposure to or removal of groundwater (for example, construction or excavation activities which encounter or expose groundwater) may be conducted on the Property without prior sampling and analysis of groundwater in the area where such activities are to be conducted, submittal of the analytical results to DEQ or its successor in function along with plans and procedures to protect human health and the environment during those activities, and approval of those activities by DEQ or its successor in function. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements and no fountains, ponds, lakes, swimming pools or other items which are supplied, in whole or in part, by groundwater under the Brownfields Property may be constructed on the Brownfields Property. Reservoirs and ponds used exclusively for irrigation purposes and supplied by groundwater originating other than on the Brownfields Property (e.g., groundwater from adjoining properties and water from the City of Wilmington) may be constructed in areas of the Brownfields Property not denominated “PROHIBITED” on the plat constituting Exhibit B of the Notice if: (A) any such reservoir or pond’s base is at least two (2) feet above the top of the shallowest groundwater at the location of such reservoir or pond; and (B) the testing and use requirements set forth in subparagraph 10.f of the Agreement recorded as Exhibit A of the Notice are complied with in connection with any such reservoir or pond. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No groundwater derived from adjoining properties may be used at the Brownfields Property unless, prior to its initial use and no less frequently than once every six months thereafter, the owner of any portion of the Brownfields Property where such groundwater is proposed to be used satisfies DEQ that such groundwater does not exceed the groundwater standards contained in the North Carolina Administrative Code, Title 15A, Subchapter 2L, Rule .0202. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within seven (7) days of each anniversary of the effective date of the Brownfields Agreement recorded as Exhibit A of the Notice, the owner(s) of the Brownfields Property shall each submit a notarized Land Use Restrictions Update to DEQ certifying that (A) this Notice containing these seven (7) Land Use Restrictions remains recorded at the New Hanover County Register of Deeds office; (B) the New Hanover County Ordinance referenced in Paragraph 4.h. of said Brownfields Agreement remains in effect; (C) if the Brownfields Property is in use, the air, groundwater quality, infiltration and pond water monitoring activities required, respectively, pursuant to subparagraphs 10.c., 10.d., 10.e. and 10.f. of said Brownfields Agreement are being conducted; (D) these Land Use Restrictions are being complied with; and (E) if the Brownfields Property is in use, the cap has been enhanced in accordance with paragraph 10.b. of said Brownfields Agreement and is functioning as required by that subparagraph. Each Land Use Restrictions Update shall also include a complete record of any erosion, erosion repairs or other activities affecting the Land Use Restrictions or, if the Brownfields Property is in use, affecting the integrity of the cap. The Land Use Restrictions Update shall be addressed to the DEQ official referenced in paragraph 29.a. of the Agreement. ☐ 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 New Hanover 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: _________________