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Home My WebLink About09033_Asheville Ice Plant_LURU Model_20170915NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Asheville Ice Plant Project #: 09033-05-011 Address: 90 Riverside Drive County: Buncombe 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 retail, hospitality and office purposes, residential, park, playground, child care center and school purposes as limited by Land Use Restriction 10 below, all with associated driveways and parking, and, with prior written Department of Environmental Quality (“DEQ”) approval, other purposes. For purposes of this restriction, the following definitions apply: “Retail” refers to the sale of goods directly to the consumer, but includes dance and art studios. “Hospitality” refers to provision of overnight lodging for paying customers, with associated reservation and cleaning services, utilities and on-site management and reception, in a building containing more than four individual rooms. “Office” refers to the rendering of business or professional services. “Residential” refers to use for a permanent dwelling of single family, multifamily, detached or attached structures; manufactured homes; mobile homes; group homes; boarding houses or dormitories. “Park” refers to outdoor areas, including those maintained in a natural state (which may serve as wildlife refuges) and those improved for active or passive recreation, that are useable by the public. “Parking” refers to areas designed and used for temporary accommodation of motor vehicles. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use may be made of any structure depicted on the plat component of the Notice of Brownfields Property (“Notice”) unless and until a North Carolina-licensed professional engineer, with a specialty in structural engineering, issues a sealed certification that the structure in question is safe to use. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this LUR is waived in writing by DEQ in advance, no use of the Brownfields Property may occur prior to decommissioning of the Brownfields Property’s refrigeration system and disposal of any residual ammonia, in accordance with applicable regulations that include without limitation those administered by the Hazardous Waste Section of DEQ’s Division of Waste Management. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil within the areas denominated “Area of Possible Soil Contamination,” on the plat component of the Notice, may not be disturbed unless and until DEQ approves in writing an excavation, grading, construction, and health and safety plan for the proposed disturbance that includes a schedule and requires: characterizing, removing (then sampling each excavation’s side walls and bottom to confirm that no soil contaminated in excess of the most recent version of the Protection of Groundwater Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section remains), handling and disposing of, in accordance with applicable law, soil containing any of the contaminants listed in Table A of the Brownfields Agreement (“Agreement”) in excess of the standards derived using the most recent version of the subject Soil Remediation Goals; or capping the area with sufficient impervious material, defined for this purpose as asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other material approved in writing in advance by DEQ, to prevent the absorption of surface water into the soil; or remediation of the area’s contamination by means approved in writing in advance by DEQ; and a written report regarding implementation of the measures required by the preceding subparagraphs a., b. or c. no later than 30 days following conclusion of implementation, and correction of any deficiencies DEQ identifies in the report or implementation of the plan within 30 days after DEQ provides written notice of such deficiencies. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil not subject to the preceding LUR that underlies paved surfaces, other impervious surfaces and structures at the Brownfields Property, and/or is proposed to be disturbed in connection with any construction on the Brownfields Property, may not be disturbed unless DEQ has been given a minimum of 10 business days advance written notice and has approved a plan to protect public health and the environment during the proposed soil-disturbing activities. DEQ may inspect, and require screening or sampling for contaminants in, the disturbed soil. If screening or sampling discloses contamination that DEQ determines may make the Brownfields Property unsuitable for the uses specified in LUR 1 above, at DEQ’s discretion as much soil as DEQ requires shall be capped and/or disposed of in accordance with applicable law, and any other actions DEQ requires to make the Brownfields Property suitable for such uses shall be taken. Any caps installed shall be maintained to DEQ’s satisfaction by those who own the affected portion(s) of the Brownfields Property over time. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ ☐ 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 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 Table A of the Agreement, 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 as a playground, or for child care centers or schools, other than on the following conditions: Such uses may occur on parcel 9638.08-97-0681.00 (9999 Riverside Drive) except in areas denominated “Area of Possible Soil Contamination” on the plat component of the Notice. Such uses may occur on parcel 9638.08-97-3660.000 (90 Riverside Drive) if, pursuant to sampling deemed satisfactory by DEQ in writing, DEQ issues a written determination that such uses are suitable for that parcel. ☐ 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, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that, as of said January 1st, the Notice remains recorded at the Buncombe County Register of Deeds office and that the Land Use Restrictions are being complied with, and stating: the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ ☐ 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 Buncombe 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: _________________