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HomeMy WebLinkAbout05014_Guilford Mills_LURU Model_20170913NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Guilford Mills Project #: 05014-01-041 Address: 4201 West Wendover Avenue County: Guilford 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, and groundwater at the Property shall not be accessed or used for any purpose. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining activities may be conducted on or under the Brownfields 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 Brownfields 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 Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminates known to be present in groundwater at the Property, as listed in Paragraph (2).a. of the Notice of Brownfields Property (“Notice”), may be used, warehoused or otherwise stored at the Brownfields Property without prior DEQ approval, except that such approval shall not be required for use of those compounds in de minimis amounts for cleaning and for other routine housekeeping activities, or for temporary storage , pending transportation or sale, of products containing those compounds in de minimis amounts, or in connection with operation of a business that stores and sells motor fuels (for example, a convenience store) but does not provide vehicle repair services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within seven (7) days of each anniversary of the effective date of the Brownfields Agreement (“Agreement”), the owner(s) of each portion of the Brownfields Property shall submit a notarized Land Use Restriction Update (“LURU”) to DEQ certifying that the Notice containing these land use restrictions remains recorded at the Guilford County Register of Deeds office, that these land use restrictions are being complied with, and that any caps installed at the Brownfields Property pursuant to paragraph 10.d. of the Agreement are continuing to fulfill their function. The obligations of this LUR 6 may alternatively be performed by a duly organized property owners’ association, or similar entity representing the owners of all the Brownfields Property, if such association or entity has agreed to accept responsibility for compliance with this LUR 6 pursuant to a notarized instrument satisfactory to DEQ. ☐ 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 Guilford 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: _________________