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Home My WebLink About07016_Ecusta_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Ecusta Project #: 07016-03-088 Address: 1 Ecusta Drive County: Transylvania 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 the following may be made of the Brownfields Property, unless the Department of Environmental Quality (“DEQ”) or its successor in function provides prior approval: manufacturing consisting of pulp and paper production; a mixed industrial/commercial/retail business park for use by other businesses; supplying potable water and wastewater treatment capacity to local municipalities; and the commercial sale of electrical power. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Without the approval of DEQ or its successor in function, groundwater at the Brownfields Property may not be used for any purpose other than operating the Brownfields Property’s environmental compliance systems; provided, however, that Prospective Developer may use the groundwater production well located at the north end of the Brownfields Property, as denoted on Exhibit B and on the survey plat component to the Notice of Brownfields Property (“Notice”), in accordance with applicable law. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water from the east or south ditches as depicted on Exhibit B and on the survey plat component to the Notice may not be used for any purpose, other than operating the Brownfields Property’s environmental compliance systems, without the approval of DEQ or its successor in function. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except as provided in LUR 2 above, 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 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: ______________________________________________________________ Soil underlying paved surfaces and buildings at the Brownfields Property may not be exposed without prior sampling and analysis of such soil to the satisfaction of DEQ or its successor in function, and submittal of the analytical results to DEQ or its successor in function. If such results 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 legally approved plans and procedures to protect public health and the environment during the activities that would expose such soil. ☐ 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 new 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, or without prior DEQ approval. ☐ 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 9 of Exhibit A to the Notice, 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; and in amounts suitable for use in laboratory or pilot plant research and development, and quality assurance and control. Prospective Developer may use and store at the Brownfields Property bulk quantities of high pH materials used in or generated by the production of pulp and paper, including sodium hydroxide (caustic), potassium hydroxide, and sodium sulfhydrate, so long as such storage either is secondarily contained, or is not in the area identified in the Hydrological Assessment of Caustic Chemical Spill at Ecusta Mill by Sevee Maher Engineers, Inc. dated May 2003 (“Caustic Report”) as having been impacted by elevated pH and sampling in such area confirms the absence of pH in the groundwater above 8.5 standard units. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 30 days after the effective date of Exhibit A to the Notice and quarterly thereafter, the air in the bleach make up and oil storage rooms of the Brownfields Property’s “Electrochem building,” and in any other room at the Brownfields Property that DEQ or its successor in function or any federal agency determines contains mercury vapor in excess of 10 micrograms per cubic meter (μg/m3), shall be sampled for mercury vapor in a manner approved in advance by DEQ or its successor in function. Such quarterly sampling shall continue for so long as quarterly sampling determines the air in such rooms contains mercury vapor in excess of 10 micrograms per cubic meter (μg/m3). Within 30 days after sampling, written results shall be provided to DEQ or its successor in function. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ If sampling determines that mercury vapor is present in excess of 25 μg/m3, access to the bleach make up room and the oil storage room of the Brownfields Property’s “Electrochem building,” and to any other room at the Brownfields Property that DEQ or another state or federal agency determines contains mercury vapor in excess of 25 μg/m3, shall be limited to occasions when DEQ or its successor in function determines in writing in advance that entry is essential for maintenance. The floors of all rooms covered by this restriction may not be breached unless DEQ has first approved a plan that adequately provides for worker health and safety with respect to mercury vapors. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No person may be permitted to come in contact with sediments from the east or south ditches at the Brownfields Property, nor may any such sediments be removed, without prior sampling of the sediments for mercury to the satisfaction of DEQ and, if mercury levels exceed 4.6 mg/kg, preparation of a plan satisfactory to DEQ that provides for worker health and safety. In addition, ditches, and other drainage features containing sediments from the east or south ditches, shall be prominently posted with well-maintained weatherproof signs, positioned at intervals not to exceed one hundred (100) feet, that state “KEEP OUT OF THE DITCH – SEDIMENTS IN THE DITCH HAVE BEEN SHOWN TO CONTAIN MERCURY WHICH, IF CONTACTED, MAY BE HAZARDOUS TO YOUR HEALTH” in block letters at least three (3) inches tall, and access to the east and south ditches shall be limited to periodic mowing during which mowing personnel shall wear safety goggles and dust masks, or other personal protective equipment DEQ approves in advance. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a park or recreation area, for picnics 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 Brownfields Property may not be used for agriculture or grazing; provided, however, that a community garden may be cultivated on the east bank of the portion of the Davidson River that flows through the Brownfields Property, and timbering is permitted on the southern and western edges of the Brownfields Property denominated “Timbering Permitted” on Exhibit B and on the survey plat component to the Notice. ☐ 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 parking lot in the vicinity of the former suspected C&D landfill, as denoted on Exhibit B and on survey plat component to the Notice of Brownfields Property, shall be inspected, repaired to DEQ’s satisfaction, and maintained such that it continues to function as a protective cap. Adequate maintenance shall include, without limitation, prevention of “alligatoring” (interconnected cracking) sufficient to loosen portions of the parking lot larger than one inch in diameter. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after Exhibit A to the Notice becomes effective, the then current owner of any part of the Brownfields Property shall submit a notarized LURU to DEQ or its successor in function certifying that the Notice containing these land use restrictions remains recorded at the Transylvania County Register of Deeds office, that these land use restrictions are being complied with , and that the results of any post-closure sampling required by DEQ’s Solid Waste Section at the Process Island Landfill (which is located on the island adjacent to the Property in the Davidson River) have been provided to DEQ’s Public Water Supply Section. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of the portion of the Brownfields Property containing the caustic recovery sump shall conduct screening every other week of the pH of the groundwater in said sump and shall, along with the LURU required by the preceding LUR 16, submit a letter report summarizing the procedures and results of such screening. ☐ 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 Transylvania 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: _________________