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Home My WebLink About05007_Carolina Log_LURU Model_20170913NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Carolina Log Project #: 05007-01-045 Address: 25 Howard Gap Road County: Henderson 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 Town of Fletcher offices, commercial office space, retail businesses, green space with walking trails, and residential townhomes and condominiums, except that areas within 300 feet of the dip tank depicted on Exhibit B of the Notice of Brownfields Property (“Notice”) may not be used other than for commercial or retail structures or for parking lots and roadways, and not less than two (2) feet of clean fill may underlie landscaping and shrubbery within those areas. Disturbance by Prospective Developer of soil, landscaping and contours at the Brownfields Property shall not be deemed to violate subparagraph 8. of Exhibit A recorded with the Notice prior to issuance of a Certificate of Occupancy for the first building Prospective Developer constructs at the Brownfields Property. Prospective Developer shall submit a copy of said certificate to the Departmental Quality (“DEQ”) within three (3) days of its issuance. The following definitions apply to these land use restrictions: Commercial Use: An occupation, employment or enterprise carried on for profit by the owner, lessee, or licensee. Office Space: Structure or area where business or professional services are conducted or rendered. Green Space: An area of grass, shrubs or trees. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil from the area within 300 feet of the dip tank depicted on Exhibit B of the Notice may not be removed from that area, unless it is characterized and disposed of at a regulated facility in accordance with applicable law. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil underlying paved surfaces and buildings within 300 feet of the dip tank depicted on Exhibit B of the Notice may not be exposed without prior sampling and analysis of such soil to the satisfaction of DEQ, and submittal of the analytical results to DEQ. If such results disclose contamination in excess of the standards that DEQ determines are applicable, the soil may not be exposed 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 activities that would expose such soil. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ As to each well covered by the long-term groundwater monitoring plan required by paragraph 15 of Exhibit A of the Notice, the owner of the portion of the Brownfields Property containing that well shall comply with the plan’s provisions regarding that well until sampling reflects PCP concentrations below 300 parts per billion PCP for two consecutive years. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No monitoring wells on the Brownfields Property may be decommissioned without the prior written approval of the relevant DEQ program. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the approval of 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 Brownfields Property 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 imposes, including at a minimum requisite legal approval of plans and procedures to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil, landscaping and contours at the Brownfields Property may not be disturbed without the approval of DEQ, except for mowing and pruning of above-ground vegetation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields 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 Brownfields Property unless they are, as determined 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 paragraph 9 of Exhibit A of the Notice, may be used or stored at the Brownfields 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: ______________________________________________________________ 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 approval of DEQ. ☐ 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. ☐ 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: ______________________________________________________________ During January of each year after this Agreement becomes effective, 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 of Brownfields Property containing these land use restrictions remains recorded at the Henderson 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 Henderson 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: _________________