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Home My WebLink About08018_Cultural Arts Center_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Cultural Arts Center (Imperial Center) Project #: 08018-04-064 Address: 270 Gay St. & 344 Falls Rd. 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 Brownfields Property other than for institutional purposes. As long as Prospective Developer operates a cultural arts center on the Brownfields Property, it may also operate a related restaurant and gift shop there. The following definitions apply herein in connection with the foregoing uses: Institutional: use of land or structures for a public, non- profit or quasi-public purpose, such as church, library, school, museum, art center, theater, hospital or government-owned or -operated building. Impervious: prevents the absorption of surface water into the soil. Hard Pervious: allows absorption of surface water into the soil, but has a hard surface formed or cast in place that protects land users from exposure to any contaminants in the underlying soil. Pervious concrete and pervious tennis court materials are examples of hard pervious surfaces. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the approval of the Department of Environmental Quality (“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 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 approval of DEQ on such conditions as DEQ reasonably 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 or hard pervious surfaces and buildings at the Brownfields Property, as identified as on the plat component of this Notice, may not be exposed, and soil anywhere on the Brownfields Property exhibiting any stain or odor may not be disturbed, without prior sampling and analysis to DEQ's reasonable satisfaction as expressed in writing of soil proposed to be exposed or disturbed. If sampling results disclose contamination that DEQ determines renders the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1 above, the soil may only be exposed or disturbed in conformance with plans and procedures designed to protect public health and the environment while the soil is exposed or disturbed, and if as much soil as DEQ requires is removed and disposed of in accordance with applicable law, or covered with an impervious or hard pervious surface, in which case the cover shall be maintained in good repair. Information satisfactory to DEQ regarding the transportation and disposition of any soil removed from the Brownfields Property must be supplied in a letter report to DEQ within ninety (90) days following removal. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The impervious or hard pervious surface covering the “north and south garage area” and the adjacent “coal bin area,” as denominated on the plat component of the Notice of Brownfields Property (“Notice”), shall not be removed without the prior written approval of DEQ. The impervious or hard pervious surfaces shall be inspected annually and the findings reported to DEQ as required by Land Use Restriction 12 below. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil, landscaping and contours at the Brownfields Property may not be disturbed without the approval of DEQ, except for mowing and pruning of above-ground vegetation. ☐ 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, 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 tables (2)(a) and (b) of the Notice, may be used or stored at the Brownfields Property without the prior 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 for sports of any kind, including but not limited to golf, football, soccer and baseball, without the 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: ______________________________________________________________ During January of each year after the Brownfields 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 Nash County Register of Deeds office, that these Land Use Restrictions are being complied with, and that impervious and hard pervious surfaces at the Brownfields Property are being maintained such that they are continuing to function as caps. The latter certification shall be accompanied by a written report of the findings of the annual inspection required by Land Use Restriction 5 above. ☐ 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: _________________