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Home My WebLink About09055_Bendix Heavy Vehicle_LURU Model_20170915NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Bendix Heavy Vehicle Facility Project #: 09055-05-080 Address: 727 Bendix Drive County: Rowan 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 As limited by the other land use restrictions, no use may be made of the Brownfields Property other than for manufacturing, warehousing, distribution, office space and other non-residential commercial purposes. For purposes of this restriction, the following definitions apply: Manufacturing: The assembly, fabrication, processing or repair of goods and materials using processes that, while legally compliant, may produce noise, smoke, fumes, vibration, dust, odors, glare, emissions or health or safety hazards outside of the building or property where such assembly, fabrication or processing takes place. Warehousing: The storage of goods for a business or other enterprise. Office: A use or structure where business or professional services are conducted or rendered. Commercial: An enterprise carried on for profit by the owner, lessee or licensee. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Brownfields Property may not be used for any purpose without the prior written 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 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 on the Brownfields Property may not be disturbed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At any time between DEQ’s receipt of said notice and the conclusion of soil-disturbing activities, DEQ may inspect and sample, or require sampling of, the subject soil for contaminants. If DEQ determines that soil involved would likely contaminate groundwater even if capped, or may pose an imminent threat to public health or the environment if disturbed, as much soil as DEQ requires shall be removed and disposed of, or treated, such that DEQ is satisfied the Brownfields Property is suitable for the uses specified in Land Use Restriction 1 above while fully protecting public health and the environment, and any other actions that DEQ requires to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment shall be taken. If DEQ determines that the soil involved would not likely contaminate groundwater if capped, and would not likely pose an imminent threat to public health or the environment if disturbed, as much soil as DEQ requires shall be: removed and disposed of, or treated, such that DEQ is satisfied the Brownfields Property is suitable for the uses specified in Land Use Restriction 1 above while fully protecting public health and the environment; or capped to the written satisfaction of DEQ. Any person who conducts activities pursuant to this Land Use Restriction shall, within 30 days after completion of said activities, submit to DEQ a report that fully documents the results of all assessment and remediation activities and that meets with DEQ’s written satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building that is constructed on the Brownfields Property after the effective date of this Agreement, defined as any building not depicted on the plat component of this Notice, and that will contain indoor air space, may be used absent compliance with the following: An engineer licensed in North Carolina shall submit for written DEQ approval design specifications for a passive vapor barrier system to be installed beneath the foundation of the building, and shall, within 30 days after installation of the approved vapor barrier system, provide DEQ certification under seal that said system was installed in accordance with the approved design specifications. No action may be taken that would alter or impede the function of the vapor barrier system, including but not limited to any penetration of said system, without DEQ’s prior written approval. Within 30 days after installation of mechanical ventilation in the building, an engineer licensed in North Carolina shall provide DEQ certification under seal that the ventilation system complies with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code. ☐ 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 Tables A and B of the Notice of Brownfields Property (“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 as a playground, 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 recorded at the Rowan County Register of Deeds office, 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; and whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 5 above have been modified in any way; if so, how; and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ☐ 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 Rowan 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: _________________