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Home My WebLink About07009_Alpha Mills_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Alpha Mills Project #: 07009-03-060 Address: 312 East 12th St., 940 N. Brevard St. County: Mecklenburg 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 surface water or groundwater at the Brownfields Property may 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 that extend to groundwater, 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 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 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 paved surfaces and buildings at the Brownfields Property may not be exposed without the performance of any prior sampling that DEQ or its successor in function requires, and submittal of the analytical results of any such sampling to DEQ or its successor in function. If the results of any such sampling disclose contamination in excess of the applicable standards as determined by DEQ or its successor in function, the soil may not be exposed 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 compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the activities that would expose such soil. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil underlying landscaping materials at the Brownfields Property, including but not limited to plants, flowers, trees, shrubs or any other above-ground vegetation, may not be disturbed, nor may landscaping materials be planted, without the prior addition of two (2) feet of clean fill or other material acceptable to DEQ or its successor in function. If the desired grade would not allow said addition, as much soil as is necessary to allow said addition may be removed and disposed of in accordance with law. Incidental disturbance of soil in the subject areas, in connection with maintenance of landscaping materials, shall not constitute a violation of this land use restriction. ☐ 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 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 Brownfields Property, including those listed in paragraph 7 of the Brownfields Agreement (“Agreement”), may be used or stored at the Brownfields 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: ______________________________________________________________ During January of each year following the year in which the Notice of Brownfields Property (“Notice”) is recorded, the then owner of the affected portion of the Brownfields Property shall sample monitoring wells MW-1s, MW-2s, MW-7i and a point near sample location SUR-4, all as shown on Exhibit 4 of the Agreement. Said owner shall effect analysis of the samples for volatile organic compounds, total chromium, hexavalent chromium and copper, and shall report the results to DEQ each year as part of the update required by Land Use Restriction 9 below. After the third year of sampling, the then owner of the Brownfields Property may seek DEQ’s written authorization to discontinue sampling or change its frequency. (DEQ-NCBP letter dated June 17, 2016 approves the discontinuance of monitoring well and surfacewater sampling required by this LUR) ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year following the year in which the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ or its successor in function certifying that the Notice containing these Land Use Restrictions remains recorded at the Mecklenburg 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 Mecklenburg 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: _________________