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Home My WebLink About05013_Fishburne Equipment_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Fishburne Equipment Project #: 05013-01-011 Address: 25 Bradley Branch Road County: Buncombe 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 light manufacturing, warehousing, public storage and other commercial/retail use. For purposes of the foregoing land uses, the following definitions apply: Light Manufacturing: Industrial uses that involve 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 the building or lot where such assembly, fabrication, or processing takes place, and where such processes are housed entirely within a building; light manufacturing also includes uses in which no process water is used and no process wastewater is generated. Commercial Use: An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee. Retail Use: An activity, the principle use or purpose of which is the sale of goods, products or merchandise directly to the consumer. ☐ 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 the Department of Environmental Quality (“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 legal approval of plans and procedures to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within the area of the Brownfields Property denoted as “RESTICTED” on the plat component of the Notice of Brownfields Property (“Notice”), no one may undertake or authorize an activity intended to disturb or permanently expose mote than nine (9) square feet of soil underlying paved surfaces and buildings at the Brownfields Property without first screening such soils with a Photoionization Detector or functionally similar device. The screening must be conducted by a qualified DEQ-approved environmental consultant, and must included the screening of soil obtained from a background location acceptable to DEQ, If such soil screening detects the presence of volatile organic compounds in the soil at a level greater than ten times the level detected in soil at the background location above expected background levels, the screening results must be submitted to DEQ and, if DEQ so directs, the soil may not be disturbed or exposed without prior sampling and analysis of such soil to DEQ’s reasonable satisfaction, and submittal of the analytical results to DEQ. If such analytical results disclose the presence of constituents in the soil in excess of the then current Preliminary Remediation Goals for Industrial Soil promulgated by Region 9 of the U.S. Environmental Protection Agency, the soil may not be disturbed or exposed without the approval of DEQ on such conditions as DEQ reasonably imposes with respect to plans and procedures (i) to protect public health and the environment during the activities that would disturb or expose such soil, which plans and procedures shall be submitted by the owner to DEQ prior to disturbance or exposure of soil and subject to DEQ approval, and (ii) in regard to soil DEQ has approved for permanent exposure, to ensure that the Property remains suitable for the uses specified in the Brownfields Agreement (“Agreement”) while fully protecting public health and the environment. ☐ 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 Property without the prior written 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: ______________________________________________________________ During January of each year after the Agreement becomes effective, commencing in 2006, the then current owner of the Brownfields Property shall submit a notarized LURU to DEQ certifying that the Notice of Brownfields Property remains recorded at the Buncombe County Register of Deeds office, and that the land use restrictions are being complied with. In the event the Brownfields Property has more than one owner during any week when a land use restriction update (“LURU”) is required to be submitted, one LURU may be submitted if the submitting party satisfies DEQ that it represents all owners. If this LUR is violated and there are no other concurrent LUR violations, DEQ shall provide the violator(s) a reasonable additional period, as determined by DEQ, to comply, unless DEQ determines that exigencies preclude it or DEQ has issued an order to comply. ☐ 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 Buncombe 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: _________________