The URL can be used to link to this page

Home My WebLink About07008_Guilford Mills - W Market St_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Guilford Mills – W. Market St. Project #: 07008-03-041 Address: 4925 West Market Street 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 use may be made of the Brownfields Property other than commercial use consisting of retail establishments, including restaurants and other service businesses, indoor recreational and festival space, office condominiums and warehousing. As defined herein, “commercial use” means an occupation, employment, or enterprise carried on for profit by the owner, lessee, or licensee; “retail” refers to an activity the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer; and “indoor recreational and festival” refers to any type of indoor recreational use (e.g., basketball, dodge ball and other athletic games, bingo and other non-athletic games, club meetings) or indoor festival use, which may include food and beverage service. These activities occur in buildings and are operated on a commercial or membership basis. ☐ 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”). ☐ 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 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 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, and within 100 feet of, buildings and paved surfaces appearing on the plat component of the Notice of Brownfields Property (“Notice”) referenced in paragraph 23 of the Brownfields Agreement (“Agreement”) may not be exposed without a minimum of five (5) business days advance written notice to DEQ, unless DEQ states otherwise in writing. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ 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 reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in the Agreement while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not contaminate groundwater if capped or likely pose an imminent threat to public health or the environment if exposed, but would make the Brownfields Property unsuitable for the uses specified in land use restriction 1 above, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law or capped to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil, landscaping and contours at the Brownfields Property may not be disturbed without the approval of DEQ, except in connection with mowing and pruning of above-ground vegetation and replacement in the same location of landscaping plants, bushes or trees in the same area. Such approval shall not be unreasonably withheld. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this land use restriction is waived in writing by DEQ in advance in regard to particular buildings, no indoor space on the Brownfields Property may be occupied until mechanical ventilation with outdoor air is provided in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code (“Code”), the most current EPA guidance on radon-resistant techniques for new residential construction, or another standard approved in writing in advance by DEQ. If the choice is made to comply with the Code, then i. or ii. below, as applicable, also applies. This subparagraph applies to buildings on the Brownfields Property that already possess mechanical ventilation systems. A professional engineer registered in North Carolina shall inspect the mechanical ventilation system and shall document any measures required to bring the system into compliance with the Code. A heating, ventilation and air-conditioning contractor shall implement any measures documented by the professional engineer. A party other than the heating, ventilation and air-conditioning contractor, who is certified by the American Association of Balancing Contractors or the National Environmental Balancing Bureau, shall perform testing, adjusting and balancing of the system when any work by the contractor is complete. Within seven (7) days after its issuance, a copy of the Certified Test and Balance Report shall be submitted to DEQ. The professional engineer shall provide DEQ certification under seal that all reasonable efforts have been made to seal all possible entrances for contaminant vapors that would, as determined by DEQ, render the Brownfields Property unsuitable for the uses specified in this Agreement, including without limitation foundation cracks, holes in concrete floors, gaps around pipes and utility lines, major cracks in walls, sumps and floor drains, and that the ventilation system complies with the Code. As to new buildings constructed on the Brownfields Property and any existing buildings lacking mechanical ventilation, within thirty (30) days following installation of mechanical ventilation, that fact shall be confirmed in writing to DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No construction may occur on the Brownfields Property until DEQ has been consulted regarding proximity of the planned building to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the building's footprint would fall within two hundred (200) feet of said plume, a vapor barrier, at least four (4) millimeters thick and consisting of a material resistant to the contaminants listed in paragraph 7 of the Agreement shall be installed under the entire slab-on-grade foundation of the building. The vapor barrier shall be sealed around any vertical pilings and other support structures underneath the slab, and overlapped and taped, or otherwise stabilized, so as to minimize air migration pathways. A spray membrane liner system consisting of a material resistant to the same contaminants may be installed in lieu of a vapor barrier. Within thirty (30) days following installation of the vapor barrier or spray membrane liner system, DEQ shall be provided the certification under seal of a professional engineer registered in North Carolina that the installation has been proper, as well as photographs illustrating the installation and a brief narrative describing it. ☐ 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, 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 paragraph 10 of the Agreement, may be used or stored at the Brownfields Property without the prior approval of DEQ, 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. ☐ 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: ______________________________________________________________ During January of each year after the 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 containing these land use restrictions remains recorded at the Guilford 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 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: _________________