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Home My WebLink About10010_Dixie Trucking_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Dixie Trucking Project #: 10010-06-060 Address: 3606 North Graham Street County: Mecklenburg 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 as a trucking terminal or for other industrial purposes. As used in this restriction, “industrial” refers to the assembly, fabrication, processing, storage, transportation and/or distribution of goods or materials, using processes that may have greater than average (though legal) impacts on the environment, and may have significant (though legal) impacts on the use and enjoyment of adjacent property that relate to noise, smoke, fumes, odors, glare, or health and safety hazards outside the building or lot where such assembly, fabrication, processing, storage, transportation and/or distribution take place. However, the highest level of the Brownfields Property (identified as “Level I” on the plat component of the Notice of Brownfields Property (“Notice”) may not be used as a refueling station or maintenance facility. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil underlying building foundations in the area identified as “Level I,” on the plat component of the Notice, may not be exposed, and soil in any area of the Brownfields Property denominated "Area of Potential Soil Contamination" on the plat component of the Notice may not be disturbed, without prior sampling and analysis to the Department of Environmental Quality (“DEQ”) written satisfaction 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 DEQ-approved plans and procedures for protection of 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 approved in writing by 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: ______________________________________________________________ No building appearing in the area denominated “Level I,” on the plat component of the Notice, may be enclosed or otherwise altered in a manner that would affect the movement of outdoor air into the structure, and no building may be constructed on said “Level I”: without prior sampling and analysis of soil gas samples to the written satisfaction of DEQ; or mechanical ventilation of the building with outdoor air, in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code, or another standard approved in writing in advance by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building designed for human occupancy may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s volatile contaminant plume, as reflected in the most recent sampling results reasonably available to DEQ. If DEQ determines that the footprint of the building would fall within one hundred (100) feet of said plume, it may not be constructed until Prospective Developer installs: (i) a vapor barrier system and/or mechanical or passive vapor mitigation system, or other effective vapor mitigation system, based on the sampling results referenced above and approved in writing by DEQ in advance; or (ii) prepares an assessment of the risk posed by soil gas which demonstrates to DEQ’s written satisfaction that neither a vapor barrier nor mitigation system is required. If a vapor barrier and/or mitigation system is installed, DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing such vapor barrier and/or mitigation system and its installation. No building as to which DEQ is not consulted pursuant to this paragraph may be put to human use. ☐ 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 the applicable North Carolina 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: ______________________________________________________________ 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 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; provided, however, that petroleum products may be stored in the Brownfields Property’s aboveground storage tanks (“ASTs”) denominated as such on the plat component of the Notice, so long as a permanent monitoring well is: installed at a location approved in writing in advance by DEQ that lies between the ASTs and Level I; and sampled during December each year by the owner of the portion of the Brownfields Property containing the well as of each December 1st: in accordance with the most current version of the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section; for a set of constituents approved in writing in advance by DEQ prior to the first sampling event (unless the contents of any AST change during a given year, in which case a new set of constituents must be approved); then analyzed by EPA Method 8260 or another method approved in writing in advance by DEQ; and the analytical results of which sampling must be submitted to DEQ in writing with the Land Use Restrictions Update required by Land Use Restriction 14 below. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields 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 prior written 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: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. ☐ 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 owner as of January 1st each year 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 Mecklenburg County Register of Deeds office; the Land Use Restrictions are being complied with; any vapor barrier and/or mitigation systems installed pursuant to subparagraph 19.d. of the Notice are performing as designed, and the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have not changed (unless they have changed, in which case a certified update of uses shall be submitted). ______________________________________________________________ as to the ASTs denominated as such on the plat component of the Notice referenced in paragraph 24 of the Agreement, the contents of none have changed (unless the contents of any have changed, in which case a certified update of contents shall be submitted). ______________________________________________________________ ☐ 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 Mecklenburg 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: _________________