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Home My WebLink About07003_General Wood Facility_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: General Wood Facility Project #: 07003-03-010 Address: 1901 Wood Treatment Rd. County: Brunswick 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 industrial wood treatment, in the area designated “PROCESS AND STORAGE AREA” on the plat component recorded with the Notice of Brownfields Property (“Notice”) without the prior written approval of the Department of Environmental Quality (“DEQ”). No use may occur of any part of the Brownfields Property outside the “PROCESS AND STORAGE AREA” without the prior written approval of DEQ. In deciding whether to approve proposed other uses of any part of the Brownfields Property, DEQ may consider the risks to public health and the environment presented by such proposed uses and may require additional information relating to such risks, including without limitation a worker-related risk assessment and environmental sampling results, to be provided. The “PROCESS AND STORAGE AREA” shall remain configured as it is as of the date of recordation of this Notice, unless DEQ issues prior written approval to configure it otherwise. For purposes of this restriction, the following definitions apply: “Industrial” refers to manufacturing and processing operations that may produce greater than average levels of noise, vibration, dust, smoke or emissions, and that may include outdoor storage. “Wood treatment” refers to the pressure treating, by use of chemicals, of lumber, poles and other wood products for outdoor use. Creosote may not be employed for wood treatment or any other purpose at the Brownfields Property without the express prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No naturally occurring water on or under the Brownfields Property may be used for any purpose, and no activities that encounter, expose or remove naturally occurring water on or under the Brownfields Property may occur, except that water from any of the Brownfields Property’s three (3) water supply wells, denominated “WS-1,” “WS-2” and “WS-3” on the plat component of the Notice (Exhibit B), or any well approved by DEQ to replace an existing water supply well and depicted on an amended plat, may be used for process water, rinsing off equipment, flushing toilets, washing hands and any other use approved in advance in writing by DEQ, under the following conditions: no less frequently than every three (3) years, unless the requirements or frequency of such sampling are modified in writing in advance by DEQ, the water in the well has been sampled for volatile organic compounds (“VOCs”), semi-volatile organic compounds (“SVOCs”) and metals regulated by the Resource Conservation and Recovery Act (“RCRA”) (arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver), pursuant to the most current version of U.S. Environmental Protection Agency Method SW-846; analysis of said sampling, by a laboratory certified by the Laboratory Section of DEQ’s Division of Water Quality, has been submitted to DEQ; that analysis reflects concentrations of benzene (a VOC) below 0.106 milligrams per liter and concentrations of naphthalene (a SVOC) below 7.49 milligrams per liter; sampling results reflect benzene concentrations that remain below the safe use standard of 0.106 milligrams per liter and naphthalene concentrations that remain below the safe use standard of 7.49 milligrams per liter; if sampling of a well reflects concentrations of either contaminant that exceed those levels, water from that well may not be used for hand-washing or any other activity that involves bodily contact with the water unless and until concentrations of both contaminants are below the required levels; if sampling of a well reflects concentrations of any other VOC, SVOC or RCRA metal that exceed the applicable standard in Title 15A of the North Carolina Administrative Code, Subtitle 2L, Rule .0202 (“2L”), water from that well may not be used for hand-washing or any other activity that involves bodily contact with the water unless and until a safe use standard for such VOC, SVOC or RCRA metal has been proposed to, and approved in writing by, DEQ and the concentration of such VOC, SVOC or RCRA metal is below the safe use standard; Signs in English and Spanish that state, “THIS WATER MAY NOT BE USED FOR DRINKING AND MAY ONLY BE USED FOR _______________,” with the use(s) approved by DEQ stated in the blank, are prominently displayed in close proximity to points where water is available from any of the wells whose use is approved by DEQ; the owner of any part of the Brownfields Property containing any of the wells with no approved uses shall ensure that signs that state “DO NOT USE THIS WATER” are prominently displayed in close proximity to points where water is available from such well(s). If groundwater in a well exceeds a safe use standard established in or pursuant to subparagraph 2.a.iii. above (or, in the absence of a safe use standard, a 2L standard), and DEQ determines that abandonment of the well is necessary to protect public health and the environment, DEQ may require the owner of the part of the Brownfields Property containing that well to abandon the well and document said abandonment to DEQ. Any replacement wells installed pursuant to the subparagraph 19.b. of the Agreement shall be sampled in accordance with subparagraph 19.b.i. of the Agreement, no more than one year prior to their being placed in use. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil underlying buildings and impervious surfaces, including paved areas, at the Brownfields Property, as identified on the plat component of this Notice (Exhibit B hereto), soil underlying the area denominated “PETROLEUM HOTSPOT” on the plat component of this Notice (unless DEQ has issued written approval of the remediation of said area), and soil proposed to be exposed in connection with any construction on the Brownfields Property , may not be exposed unless DEQ has been provided a minimum of ten (10) business days advance written notice and has given prior written approval to a plan to protect public health and the environment during the activities that would expose such soil. DEQ may inspect, and require screening or sampling for contaminants in, the exposed soil. If such screening or sampling discloses contamination that DEQ determines may pose an unacceptable level of risk to public health or the environment, as much soil as DEQ requires shall be removed and disposed of in accordance with applicable law, and any other actions DEQ requires for protection of public health and the environment in view of the permitted uses of the Brownfields Property shall be taken. If DEQ determines that the exposed soil is contaminated at levels that would not pose an unacceptable risk to public health or the environment if capped, DEQ may require the soil to be capped, with perpetual maintenance of the cap, to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the four areas designated “HWMU” on the plat component of the Notice (Exhibit B) may be disturbed without the prior written approval of DEQ on such conditions as DEQ deems appropriate. ☐ 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, and, notwithstanding Land Use Restriction number 3 above, routine surface grading with flat-bladed equipment that does not significantly alter surface contours or involve excavation. ☐ 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: ______________________________________________________________ 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 prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing or silviculture. ☐ 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: ______________________________________________________________ No basements may be constructed on the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of DEQ, or pursuant to the Agreement or a permit or order issued by DEQ, and no party installing capital improvements required by this Agreement, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, or installing such improvements. ☐ 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 (“LURU”) to DEQ that includes a certification that this Notice remains recorded at the Brunswick County Register of Deeds office and that these Land Use Restrictions are being complied with, and that is accompanied by copies of the previous year’s pages from the log book required by paragraph 13 of the Agreement. Depending on the year, and the portion of the Brownfields Property, the LURU shall also include (the paragraphs referenced are in the Agreement): a perimeter monitoring/sentry well analytical report (subparagraph 16.d.); analysis of water supply well sampling (subparagraph 19.b.ii.); soil sampling results (paragraph 15); an update on work with DEQ’s Aquifer Protection Section (paragraph 11) until documentation of “No Further Action” status is received; and inspection and maintenance log/photographs for the previous calendar year (paragraph 13). ☐ 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 Brunswick 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: _________________