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Home My WebLink About08001_Schlage Lock Facility_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Schlage Lock Facility Project #: 08001-04-064 Address: 3551 North Wesleyan Blvd. (approx.) County: Nash 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 Property other than for light manufacturing, office space, warehousing and retail purposes (including restaurants). No construction may occur on the Property without the Department of Environmental Quality (“DEQ”) prior written approval. The following definitions apply in connection with the approved land uses: Light manufacturing: The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the building or lot where such assembly, fabrication or processing takes place; where such processes are housed entirely within a building; or where the area occupied by the outdoor storage of goods and material used in such processes does not exceed 25 percent of the floor area of all the buildings on the property. No process water or wastewater may be generated at a light manufacturing facility. Office space: A use or structure where business or professional services are conducted or rendered. Retail: An activity the principal purpose of which is the sale of goods, products or merchandise directly to the consumer. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During construction of any and all buildings on the Property, the following measures shall be implemented: As to any portion of any building that will be used other than for warehousing, a mechanical ventilation system shall be installed in conformance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code. The owner of the affected portion of the Property shall provide to DEQ a written report on the installation within thirty (30) days of its completion. As to any portion of any building that will be used exclusively for warehousing, subparagraph b. below applies regardless of the proximity of the building in question to the Property’s volatile contaminant plume, construction may not commence until DEQ has approved in writing a plan sealed by a North Carolina-licensed professional engineer that requires sub-slab venting or another engineering control that will accomplish the same purpose, and final construction schematic "as-built" drawings sealed by a North Carolina-licensed professional engineer shall be submitted to DEQ within fifteen (15) days after receipt of a certificate of occupancy for the building in question. This subparagraph applies where, based on DEQ’s most recent plume map, the edge of the footprint of a building to be constructed falls within one hundred (100) feet of the edge of the Property’s volatile contaminant plume. If any conduits would penetrate the planned location of the building’s slab-on-grade foundation, a spray membrane liner system consisting of a material resistant to the contaminants listed in the tables “(2)” of the Notice of Brownfields Property (“Notice”) shall be installed beneath the foundation. Where no conduits would penetrate the planned location of the building’s foundation, a spray membrane liner system consisting of a material resistant to the contaminants listed tables at “(2)” of the Notice, or a vapor barrier at least six (6) millimeters thick and consisting of a material resistant to the contaminants listed in tables at “(2)” of the Notice, shall be installed beneath the foundation. As to any vapor barrier installed: it shall be sealed around any vertical pilings or support structures beneath the slab and overlapped and taped, or otherwise stabilized, so as to minimize potential air migration pathways; and, within thirty (30) days following installation, photographs of the installation and a brief written description of it shall be submitted to DEQ. Depending on the location of the footprint of the building and DEQ’s determination of the magnitude of volatile contamination, DEQ may require indoor air sampling. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Property may not be used for any purpose without the prior written approval of 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 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 and other impervious surfaces and buildings at the Property, soil within 200 feet of the building demarcated “plant building” on the plat component of the Notice, soil within each area identified as a “SWMU” or “AOC” on the plat component of the Notice, and soil proposed to be exposed in association with any construction on the Property, may not be exposed unless DEQ has been given a minimum of ten (10) business days advance written notice and has approved a plan to protect public health and the environment during the activities that would expose such soil. DEQ may inspect, and require screening or sampling for contaminants in, the exposed soil. If screening or sampling discloses contamination that DEQ determines may pose an unacceptable level of risk to public health or the environment, as much soil as DEQ requires shall be removed and disposed of in accordance with applicable law, and any other actions DEQ requires to make the Property suitable for the uses specified in this Agreement shall be taken. If DEQ determines that the exposed soil is contaminated at levels that would not pose an unacceptable risk to public health or the environment if capped, DEQ may require the soil to be capped, with perpetual maintenance of the cap, to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No area designated “SWMU or AOC requiring additional investigation” on the plat component of the Notice, may be built upon or otherwise disturbed without the prior written approval of DEQ’s Hazardous Waste Section, a copy of which approval shall be provided to DEQ’s Brownfields Program. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil, landscaping and contours at the Property may not be disturbed without the approval of DEQ or its successor in function, except for mowing and pruning of above-ground vegetation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the 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 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 Property, including those listed in tables at “(2)” of the Notice, may be used or stored at the 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 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No monitoring wells at the Property shall be abandoned without the prior written approval of DEQ’s Hazardous Waste Section. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the 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 Property shall submit a notarized Land Use Restrictions Update to DEQ or its successor in function certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Nash County, North Carolina Register of Deeds’ office, and that the land use restrictions are being complied with. Alternatively, the obligations of this subparagraph may be discharged on behalf of some or all owners by a party that satisfies DEQ it is validly acting as agent for said owners, and that accepts responsibility for compliance with this subparagraph pursuant to a notarized instrument satisfactory to DEQ. ☐ 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 Nash 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: _________________