HomeMy WebLinkAbout06017_Sanford WWTP_LURU Model_20170914NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Sanford WWTP
Project #: 06017-02-053
Address: US-1 Bypass and Spring Lane
County: Lee
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 uses other than commercial or retail uses may be made of the Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The fill above the areas of buried sludge on the Property may not be reduced to a thickness of less than four (4) feet. Exhibit D, as recorded with the Notice of Brownfields Property,
shows the extent of sludge on the Property.
☐ 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 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 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 legal approval
of plans and procedures to protect public health and the environment during the proposed activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No mining may be conducted on or under the 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 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 paragraph 7 of the Brownfields Agreement, 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: ______________________________________________________________
Prior to January 31st of each calendar year, the then current owner of any part of the 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 Lee 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 Lee 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: _________________