HomeMy WebLinkAbout05010_ABC Engravers_LURU ModelNC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: ABC Engravers
Project #: 05010-01-060
Address: 724 Montana Drive
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 may be made of the Brownfields Property other than for office and warehouse space, and an asphalt parking lot.
☐ 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 the Department of Environmental Quality (“DEQ”) or its successor
in function.
☐ 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 or its successor
in function in any areas proposed for such activities, and submittal of the analytical results to DEQ or its successor in function. If such results disclose to DEQ or its successor
in function contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the approval of DEQ or its successor in function
on such
conditions as DEQ or its successor in function 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 underlying paved surfaces and buildings at the Brownfields Property may not be exposed without prior sampling and analysis of such soil to the satisfaction of DEQ or its successor
in function, and submittal of the analytical results to DEQ or its successor in function. If such results disclose contamination in excess of the applicable standards as determined
by DEQ or its successor in function, the soil may not be exposed without the approval of DEQ or its successor in function on such conditions as DEQ or its successor in function 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: ______________________________________________________________
Soil not previously sampled for contaminants may not be exposed without a minimum of five (5) business days advance written notice to DEQ or its successor in function. At the time such
soil is exposed, DEQ or its successor in function may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ or
its successor in function 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 or its successor in function requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ or its successor in function requires
to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment shall be taken. If soil contamination is
discovered that DEQ or its successor in function determines would not contaminate groundwater if capped, or pose an imminent threat to public health or the environment if exposed, as
much soil as DEQ or its successor in function requires shall be removed and disposed of in accordance with applicable law or capped to the satisfaction of DEQ or its successor in function.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Soil, landscaping and contours at the Brownfields Property may not be disturbed without the approval of DEQ or its successor in function, 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 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 Brownfields Property, including those listed in Exhibit A paragraph 12 of the Notice of Brownfields Property,
may be used or stored at the Brownfields 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 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 or its successor
in function.
☐ 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: ______________________________________________________________
Beginning in the first January following the year in which the Notice of Brownfields Property referenced in Exhibit A paragraph 24 is recorded, and every January after that unless and
until DEQ determines in writing that protection of public health and the environment no longer require such sampling, the owner(s) of the Brownfields Property shall effect sampling
of the monitoring wells and sampling of the adjacent stream in accordance with the most current version of the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section.
The groundwater and stream samples collected during such activities shall be analyzed by EPA Method 3010/6010 for Total Chromium and Method SM 3500-Cr D for Hexavalent Chromium or
any comparable method approved in advance by DEQ. A Groundwater Monitoring Report setting forth the procedures and results of these groundwater sampling activities shall be submitted
with the Land Use Restrictions Update.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
During January of each year after the Brownfields Agreement becomes effective, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions
Update 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, and that impervious surfaces at the Brownfields 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: ______________________________________________________________
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 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: _________________