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Home My WebLink About09003_Florence Mill_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Florence Mill (amended 1/16/2009) Project #: 09003-05-081 Address: 186 Mill Street County: Rutherford 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 commercial, retail, office, residential (on floors above ground level, except that the ground floor may also be used residentially in the building denominated “Mill Building” on the plat component of the Notice of Brownfields Property), storage, hotel, public gathering, parking and open space purposes. For purposes of this restriction, the following definitions apply: “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. “Retail” refers to an 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. “Residential” refers to use for a permanent dwelling of a single family, detached, duplex, triplex, quadriplex, attached or multifamily dwelling. “Storage” refers to the storage of materials other than food or drinking water. “Hotel” refers to a building or part thereof containing more than four individual rooms for the purpose of providing overnight lodging facilities for reservation, cleaning services, combined utilities and on-site management and reception for paying customers. “Public Gathering” refers to the congregating of people for meetings or events. “Open space” refers to open, unobstructed land maintained in a natural or undisturbed character or improved for recreation and used for active or passive recreation, natural resource protection, amenities and/or buffers. ☐ 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: ______________________________________________________________ Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to particular buildings, no building on the Brownfields Property may be used 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. Compliance with the Code shall entail the following, depending upon whether a building sought to be used is existing (subparagraph a.) or new (subparagraph b.): This subparagraph applies to all buildings on the Brownfields Property at the time the Notice of Brownfields Property (“Notice”) is recorded, as depicted on the plat component of the Notice. No building may be occupied on the Brownfields Property unless DEQ makes a prior written determination that vapor mitigation measures appropriate for its intended use have been installed. Within thirty (30) days following installation of the appropriate vapor mitigation measures, DEQ shall be provided a statement of proper installation, under the seal of a professional engineer licensed in North Carolina, that includes a brief narrative describing the installation, boring logs and well construction details regarding vapor mitigation system installation, as-built vapor mitigation system drawings, and a photographic record of the vapor mitigation measures installed and of all other aspects of the work. A professional engineer licensed in North Carolina shall inspect the mechanical ventilation system and shall document any measures required to bring the system into compliance with the Code. A North Carolina heating, ventilation and air-conditioning contractor shall implement any measures documented by the professional engineer, after which the engineer shall provide DEQ a statement under seal that the mechanical ventilation system complies with the Code and as to the measures that were required to achieve compliance. A party certified by the American Association of Balancing Contractors or the National Environmental Balancing Bureau, other than the professional engineer or heating, ventilation and air-conditioning contractor in question, shall perform testing, adjusting and balancing of the system when any work by the contractor is complete. Within seven (7) days after its issuance, a copy of the Certified Test and Balance Report shall be submitted to DEQ. A professional engineer licensed in North Carolina shall provide DEQ a statement under seal that all potential entrances for vapors, including without limitation foundation cracks, holes in concrete floors, gaps around pipes and utility lines, major cracks in walls, sumps and floor drains, have been sealed, and that the mechanical ventilation system complies with the Code. As to buildings constructed on the Brownfields Property after recordation of the Notice, defined as those not depicted on the plat component of the Notice, a professional engineer licensed in North Carolina shall provide DEQ a statement under seal that a mechanical ventilation system that complies with the Code has been installed, and as to the details of the installation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property unless a vapor barrier membrane system and any other vapor mitigation measures DEQ deems appropriate for the Brownfields Property’s intended use have been approved in writing by DEQ prior to installation, then installed to DEQ’s written satisfaction under the slab-on-grade foundation of the portion of the building to be enclosed. Sheeting designed to prevent vapors from entering the building at least six (6) mils thick, a spray membrane liner system consisting of a material resistant to the substances listed in the tables at (2) in the Notice, or another vapor barrier system may be proposed. The vapor barrier membrane system shall be sealed around any slab-penetrating vertical pilings, utility chases and conduits, and sub-slab support structures, and shall be overlapped and sealed so as to minimize air migration pathways. Within thirty (30) days following installation of the vapor barrier system and, if applicable, vapor mitigation measures, DEQ shall be provided a statement of proper installation, under the seal of a professional engineer licensed in North Carolina, that includes a brief narrative describing the installation, boring logs and well construction details regarding installation of any vapor mitigation measures, as-built vapor mitigation drawings, and a photographic record of the installation of any vapor barrier sheeting and vapor mitigation measures and of all other aspects of the work. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ (Amended 1/16/2009) Unless DEQ states otherwise in writing, redevelopment of the Brownfields Property may not be initiated prior to receipt of written approval from DEQ of all activities required by this Land Use Restriction 5. Any party desiring to initiate redevelopment (“Initiator”) shall submit to DEQ a Remedial Action Plan and a Construction Plan. In addition to their other contents, each plan shall include a health and safety component and a schedule. With regard to excavation, the Remedial Action Plan shall provide for: field testing at the Brownfields Property for volatile organic compounds (“VOCs”), through an on-site gas chromatograph or soil samples collected and submitted for analysis by U.S. Environmental Protection Agency (“EPA”) Method 8260, to determine planned boundaries for excavation of soil at the Brownfields Property that is excessively contaminated with tetrachloroethylene; soil field screening for VOCs during said excavation; collection of confirmation soil samples from all side walls and the bottom of each excavated area, and analysis of said soil samples for VOCs by a North Carolina certified laboratory using the most current version of U.S. EPA Method 8260; and excavation, removal from the Brownfields Property, and characterization and disposal in accordance with applicable law, of soil at the Brownfields Property contaminated with the VOC tetrachloroethylene in excess of the 2,700 parts per billion Industrial Preliminary Remediation Goal for said contaminant contained in the most current version of EPA’s Regional Screening Levels for Chemical Contaminants at Superfund Sites, or such other standard as DEQ later determines is the appropriate successor to said goal. With regard to a vapor mitigation system (“VMS”), if proposed for the Brownfields Property, the Remedial Action Plan shall include: relevant construction details and analytical results (if any); the results of any pilot testing to determine the effectiveness of the VMS; calculations and justification(s) for equipment specification selection, including manufacturer’s information; an estimate of the time required for mitigation; a discussion, if applicable, of air quality permitting requirements; a schedule of sampling which will include start-up and operation and maintenance sampling events; and the signature and seal of the individual in responsible charge of the design, who must be a professional engineer licensed in North Carolina. The Construction Plan shall be signed and sealed by a professional engineer licensed in North Carolina and, at a minimum, shall describe: excavation and grading to be carried out, including areas to be filled; decontamination techniques and site security to be used during construction; and the disposition of any soil excavated incidental to construction that is contaminated with tetrachloroethylene at concentrations less than the 2700 parts per billion Industrial Preliminary Remediation Goal for said contaminant contained in the most current version of EPA’s Regional Screening Levels for Chemical Contaminants at Superfund Sites, or such other standard as DEQ later determines is the appropriate successor to said goal. The Initiator shall implement, in the form in which it is approved by DEQ, the plans required by this subparagraph 14.e. of the Brownfields Agreement (“Agreement”). The Initiator shall provide DEQ no less than seven (7) days’ written notice prior to initiation of any excavation undertaken pursuant to this Land Use Restriction 5 of the Agreement. The Initiator shall submit to DEQ, no later than sixty (60) days after implementing the Remedial Action Plan required by this Land Use Restriction 5, a Remedial Action Report documenting implementation of the plan. At a minimum, the report shall include: soil disposal manifests, a site sketch showing the areal extent of contaminated soil removed, a site sketch showing the locations of confirmatory soil samples, laboratory data sheets for the confirmatory soil samples, boring logs and well construction details for VMS wells used for mitigation, VMS system start-up vapor sample analytical data sheets, and as-built drawings of the VMS. The Remedial Action Report shall be signed and sealed by a professional engineer licensed in North Carolina. The Initiator shall submit to DEQ, no later than sixty (60) days after its receipt of each Certificate of Occupancy issued to it regarding the Brownfields Property, a Construction Report documenting the activities described in the DEQ-approved Construction Plan that were undertaken in connection with the building(s) covered by the subject Certificate of Occupancy. Each Construction Report shall be signed and sealed by a professional engineer licensed in North Carolina and shall include, at a minimum: a copy of the Certificate of Occupancy, well abandonment records, and soil disposal manifests. The Initiator shall correct, on whatever schedule DEQ reasonably mandates, any deficiencies DEQ notes regarding the activities and/or reports required by this Land Use Restriction 5. DEQ need not await submittal of the required reports to order correction of deficient implementation of the plans required by this Land Use Restriction 5. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless DEQ states otherwise in writing, redevelopment activities at the Brownfields Property may not be initiated prior to receipt of written approval from DEQ of a plan for groundwater monitoring at the Brownfields Property through sampling and analysis. Any groundwater monitoring plan submitted to DEQ shall, at a minimum, require sampling for VOCs, on the same day each year, of the well denominated “MW-1” on the plat component of the Notice; analysis of that and any other sampling at the Brownfields Property for VOCs by the most current version of EPA Method 8260; written reporting of the analytical findings to DEQ within thirty (30) days of sampling; and provisions for replacing said “MW-1” if necessary due to redevelopment activities. On each occasion when the approved plan requires monitoring, the then owner at the time of the portion of the Brownfields Property containing said “MW-1,” and of any other portions of the Brownfields Property containing points required by the plan to be monitored, shall conduct such monitoring as is required on their portion(s) of the Brownfields Property. The plan shall be available from DEQ and may be amended with DEQ’s prior written approval. Permission to cease required monitoring may be requested of DEQ if sampling pursuant to the plan shows the concentrations of any and all VOCs detected declining for a minimum of three (3) consecutive years. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless DEQ states otherwise in writing, redevelopment activities at the Brownfields Property may not be initiated prior to receipt of written approval from DEQ of a plan for soil gas monitoring through sampling and analysis. The plan may be amended with DEQ’s prior written approval. At a minimum any soil gas monitoring plan submitted to DEQ shall: require installation of a minimum of five soil gas monitoring points, each containing five (5)-foot and twenty (20)-foot depth intervals; require sampling of each depth interval via a dedicated or disposable syringe on the same two days each year, commencing at a specified time interval following issuance of a certificate of occupancy in connection with the Brownfields Property’s redevelopment; immediate transfer of each sample to an unused Tedlar bag; analysis of the samples for VOCs, by the most current version of EPA Method 8260, within twenty-four (24) hours of sample collection; estimate the reduction of soil gas concentrations over time; propose concentrations of the VOC tetrachloroethylene for each soil gas monitoring point above which there may exist an increased risk of exposure to soil gas via indoor air; propose VOC concentrations below which monitoring may cease, should sampling reflect lower VOC levels for a minimum of three (3) consecutive years; and require written reporting of the analytical findings to DEQ within thirty (30) days of sampling. On each occasion when the approved plan requires monitoring, the then owner of each portion of the Brownfields Property containing any monitoring points installed pursuant to the plan shall comply with the plan as it pertains to said point(s), unless and until it is established to DEQ’s written satisfaction that sampling has reflected sufficiently low VOC concentrations for a minimum of three (3) years (see subparagraph a.5. of this Land Use Restriction 7). Permission to cease said compliance may be requested of DEQ if sampling of said point(s) pursuant to the plan shows the concentrations of any and all VOCs detected declining for a minimum of three (3) consecutive years. Should any sampling of said point(s) pursuant to the plan reflect a tetrachloroethylene concentration that exceeds the applicable concentration established pursuant to the plan (see subparagraph a.4. of this Land Use Restriction 7), the then owner of the affected portion of the Brownfields Property shall: report the exceedance to DEQ in writing within seven (7) days after being apprised; resample the monitoring point(s) on the affected portion of the Brownfields Property within fourteen (14) days after receiving the findings indicative of an exceedance and report the analytical findings to DEQ in writing within fourteen days after resampling; if resampling confirms the exceedance, increase the frequency of sampling of the monitoring point(s) on the affected portion of the Brownfields Property to quarterly, on dates subject to DEQ approval, for one (1) year or until the concentration decreases, whichever occurs later; and if resampling confirms the exceedance, within seven (7) days after receiving said confirmation, notify in writing (with a copy to DEQ) the owner of any portion of the Brownfields Property containing a building that the increase has occurred and that it is said owner’s duty pursuant to this Land Use Restriction to effect, within thirty (30) days after notification, testing, adjusting and balancing of the heating, ventilation and air-conditioning system of said building(s) by a person certified by the American Association of Balancing Contractors or the National Environmental Balancing Bureau, and to submit to DEQ a copy of the Certified Test and Balance Report within seven (7) days after its issuance. ☐ 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 underlying paved and other impervious surfaces and buildings at the Brownfields Property, and soil proposed to be exposed in association with any construction on the Brownfields 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 Brownfields Property suitable for the uses specified in Land Use Restriction 1 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: ______________________________________________________________ Soil, landscaping and contours at the Brownfields Property may not be disturbed without the prior written approval of DEQ, except for mowing and pruning of above-ground vegetation. ☐ 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 at (2) and (3) 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 for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground without the prior written approval of DEQ, or for child care centers or schools. ☐ 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 year in which the Notice is recorded, 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 of Brownfields Property containing these Land Use Restrictions remains recorded at the Rutherford 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 Rutherford 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: _________________