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Home My WebLink About07029_Parker-Hannifin_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Parker-Hannifin Project #: 07029-03-092 Address: 12415 Capitol Boulevard County: Wake 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 mixed commercial uses, including retail, flex space, warehousing, office, church and conference/convention/events center purposes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and groundwater at the Brownfields Property may not 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, 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 existing paved or other man-made impervious surfaces and buildings at the Brownfields Property, as reflected on the plat component of the Notice of Brownfields Property (“Notice”), 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. A party proposing exposure of soil underlying paved surfaces and buildings may request that DEQ or its successor in function make a determination that previous sampling results are sufficient. If the sampling results disclose contamination that DEQ or its successor in function determines is capable of making the Brownfields Property unsuitable for the uses specified in LUR 1 above, 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. Such conditions shall include, at a minimum, compliance with plans and procedures designed to protect public health and the environment during the activities that would expose such soil and approved pursuant to applicable law. If DEQ determines the exposed soil contains contamination capable of making the Brownfields Property unsuitable for the uses specified in LUR 1 above, then as much soil as DEQ requires shall be removed and disposed in accordance with applicable law, and any other actions DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in the Brownfields Agreement (“Agreement”) shall be taken. Alternatively, if DEQ determines that such soil contamination is not capable of making the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1 above if left in place, DEQ may require the soil contamination to be capped, with perpetual maintenance of the cap to the satisfaction of DEQ, or treated to DEQ’s satisfaction. ☐ 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: ______________________________________________________________ In order to address potential vapor intrusion, no basements may be constructed on the Brownfields Property unless they are, as determined by DEQ or its successor in function, vented in accordance with applicable building codes, and any structures placed on the Brownfields Property must be constructed or retrofitted in a manner that will prevent or mitigate, to DEQ's written satisfaction, unacceptable indoor air quality. ☐ 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 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: ______________________________________________________________ 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 or its successor in function. For purposes of this section, outdoor and indoor common open space areas associated with mixed commercial uses shall not be considered parks. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither day care facilities nor schools, whether associated with another institution or not, nor playgrounds are permitted on the Brownfields Property without the approval of DEQ or its successor in function. ☐ 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 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 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 or its successor in function certifying that the Notice containing these land use restrictions remains recorded at the Wake 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 Wake 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: _________________