HomeMy WebLinkAbout05006_Brown Solvent_LURU Model_20170913NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Brown Solvent
Project #: 05006-01-060
Address: 2935 Griffith Street
County: Mecklenburg
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 other than commercial may be made of the Property, defined as an occupation, employment, or enterprise that is carried on for profit.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No water supply wells may be installed or used at the Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No mining activities may be conducted on the Property.
☐ 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 the Department of Environmental
Quality (“DEQ”) or its successor in function along with plans and procedures to protect public 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 fountains, ponds, lakes, swimming pools or other items which are supplied, in whole or in part, by groundwater may be constructed on the Property without the approval of DEQ or its
successor in function.
☐ 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 DEQ or its successor in function.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No basements may be constructed on the Property unless they are, as determined by DEQ or its successor in function, 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 Property, including those listed in the above table may be used or stored at the Property without the prior
approval of DEQ or its successor in function, except in de minimis amounts for cleaning and other routine housekeeping activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The 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 approval of DEQ or its successor in
function.
☐ 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 playground, or for 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: ______________________________________________________________
Unless and until DEQ approves their abandonment pursuant to the next land use restriction, the groundwater monitoring wells denominated MW-1 (in the former UST basin) and MW-4 (northwest
and downgradient of the former UST basin) on the plat component of the Notice of Brownfields Property (“Notice”) referenced in paragraph 16 of the Notice shall be properly maintained,
and shall, in alternating years commencing with the year the Brownfields Agreement
(“Agreement”) becomes effective, be sampled, by U.S. Environmental Protection Agency Method 8260, for toluene. If the sampling results for toluene are below the applicable gross contamination
level of 257,000 ug/L contained in the Guidelines for Assessment and Corrective Action of DEQ’s Underground Storage Tank Section for two consecutive sampling events, the then current
owner of each affected portion of the Property may request in writing that DEQ terminate the sampling requirement.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
If and when DEQ provides written approval to terminate sampling, within thirty (30) days thereafter the then current owner of each affected portion of the Property shall notify DEQ that
it is ready to effect the abandonment of all groundwater monitoring wells, injection wells, recovery wells, piezometers and other man made points of groundwater access at the Property
in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code. Unless DEQ notifies Prospective Developer within ten (10) days of receiving such notification
to refrain from the abandonment, the then current owner of each affected portion of the Property shall effect the abandonment within ten (10) days of receiving written DEQ approval
and shall, within thirty (30) days after concluding the abandonment, provide DENR a report setting forth the procedures and results.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
During January of each year after the Agreement becomes effective, the then current owner of any part of the Property shall submit a notarized Land Use Restrictions Update (LURU) to
DEQ or its successor in function certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds
office, that the land use restrictions are being complied with, that impervious surfaces at the Property are being maintained such that they are continuing to function as caps. A report
on the sampling required by the preceding land use restriction, accompanied by the sampling data, shall be submitted with the LURU during January following each sampling event.
☐ 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 Mecklenburg 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: _________________