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Home My WebLink About07011_Salem Uniform_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Salem Uniform Project #: 07011-03-034 Address: 4015 North Cherry Street County: Forsyth 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 other than warehousing may be made of the “brick and block building,” as denominated on the plat component of this Notice, absent compliance with the mechanical ventilation requirements of Land Use Restriction 8 below. No use may otherwise be made of the Brownfields Property except for warehousing, retail, office or parking purposes. For purposes of this restriction, the following definitions apply: “Warehousing” refers to the storage of general merchandise, refrigerator goods and farm products. “Retail” refers to a building, property or activity, the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer. “Office” refers to a use or structure where business or professional services are conducted or rendered. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental (“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 written 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 prior written 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 on the Brownfields Property may not be exposed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. 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, as much soil as DEQ requires shall be capped to the written satisfaction of DEQ, unless DEQ determines said contamination would likely contaminate groundwater or pose an unreasonable risk to public health or the environment despite capping, in which case as much soil as DEQ requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ requires to make the Brownfields Property suitable for the uses specified in Land Use Restriction 1 above while fully protecting public health and the environment shall be taken. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Landscaping and contours at the Brownfields Property may not be disturbed without the prior written approval of DEQ, except for mowing, fertilizing, pruning and replacement of above-ground vegetation that does not involve disturbance of more than three (3) feet of soil. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No later than when the building denominated “Brick and Block Building” on the plat component of the Notice of Brownfields Property (“Notice”) is connected to electricity, the interior shall be rendered fully and adequately capable of ventilation via installation in the building, at a minimum, of the following fans: one in the basement and one each in the main (western and eastern) first floor rooms. Switches for the fans shall be placed within one (1) foot of each entrance to the subject rooms, at the height of five (5) feet, to facilitate operation of the fans. The fans shall be in operation at all times while workers are present in the building. The building may not be used for any purpose other than warehousing absent compliance with the mechanical ventilation requirements of Land Use Restriction 8 below. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property until DEQ has been notified in writing. All buildings constructed, excluding an open-air storage building of the type described below in this Land Use Restriction 7, shall include a vapor barrier system and/or mechanical or passive vapor barrier mitigation system, at DEQ’s discretion, installed in accordance with a plan approved in writing in advance by DEQ. Unperforated sheeting at least six (6) mils thick, a spray membrane liner system consisting of a material resistant to the contaminants listed in the tables in “(2)” of the Notice, or another vapor barrier system may be proposed. No vapor barrier shall be approved that is not to be installed under the entire slab-on-grade foundation of the building, and sealed around any vertical pilings and other support structures underneath the slab, overlapped, and taped, glued or otherwise stabilized, so as to minimize air migration pathways. Within thirty (30) days following installation of the vapor barrier system and/or vapor mitigation system, DEQ shall be provided certification of proper installation under seal of a professional engineer registered in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it. An open-air bulk or packaged product storage building may be constructed on the Brownfields Property without the indoor air contamination mitigation controls set forth in this Land Use Restriction 7 and Land Use Restriction 8 below, if the building has an impervious base, with footwalls and roof, but is not fully enclosed, thereby allowing air to flow without interruption through the building. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless this Land Use Restriction is waived in writing by DEQ in advance in regard to particular buildings, as it hereby is provisionally regarding the building referenced in Land Use Restriction 1 above and an open-air storage building of the type described in Land Use Restriction 7 above (assuming compliance with the conditions imposed in those Land Use Restrictions), no indoor space on the Brownfields Property may be put into use 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”), or another standard approved in writing in advance by DEQ. If the choice is made to comply with the Code, within thirty (30) days following installation of mechanical ventilation a professional engineer registered in North Carolina shall certify to DEQ under seal that it was installed in accordance with its design specifications and complies with the Code. ☐ 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 in writing 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 the tables in “(2)” of the Notice, may be used or stored at the Brownfields Property without the prior written 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 prior written 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: ______________________________________________________________ Though any party may request of DEQ’s Aquifer Protection Section (or any successor in function) that particular wells on the Brownfields Property be flush-mounted below surface graded or abandoned, no well on the Brownfields Property may be interfered with or abandoned without the written approval of DEQ’s Aquifer Protection Section. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied reasonable access to the Brownfields Property for purposes of conducting such assessment or remediation. ☐ 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 to DEQ certifying that the Notice remains recorded at the Forsyth County Register of Deeds office, and that the Land Use Restrictions are being complied with. The owner of the portion of the Brownfields Property containing the “brick and block building,” as denominated on the plat component of the Notice, shall further affirmatively certify that no use other than warehousing is being made of that building unless the mechanical ventilation requirements of Land Use Restriction 8 above have been 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 Forsyth 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: _________________