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Home My WebLink About10028_Guilford Mills - Hornaday_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Guilford Mills – Hornaday Project #: 10028-06-041 Address: 5644 Hornaday Road County: Guilford 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 light manufacturing (and with prior written Department of Environmental Quality (“DEQ”) approval other light industrial uses), warehousing and mixed retail/office use, all in compliance with the other land use restrictions. For purposes of this restriction, the following definitions apply: Light Manufacturing: The assembly, fabrication, or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building, or where the area occupied by the outdoor storage of goods and material used in such processes does not exceed 25 percent of the floor area of all the buildings on the property. Light manufacturing involves the generation of no process water or wastewater. Warehousing: The storage of goods for a business or other enterprise. Retail: The sale of goods, products or merchandise directly to the consumer. Office: The rendering of business or professional services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any demolition of structures depicted on the plat component of the Notice of Brownfields Property (“Notice”) shall be conducted in accordance with applicable legal requirements, including without limitation those administered by the Lead and Asbestos Abatement Program of DEQ’s Division of Public Health. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building 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. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within one hundred (100) feet of said plume, it may not be constructed without a vapor barrier system and/or mechanical or passive vapor barrier mitigation system, or other effective vapor mitigation system approved by DEQ. Within thirty 30 days following installation of the vapor barrier system and/or mechanical or passive vapor barrier mitigation system, 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 it. With DEQ’s prior written approval, additional investigation activities including, without limitation, soil gas samples, performed to DEQ’s written satisfaction, may be conducted, and installation of a mitigation system possibly excused, so long as the proponent makes an advance written commitment to install a mitigation system if DEQ so requires based on review of a report DEQ deems adequate of the investigation activities. ☐ 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 DEQ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities that encounter, expose, remove or use groundwater at a depth of six (6) feet or more (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. Regardless of depth, no activities that encounter, expose, remove or use groundwater may occur on the Brownfields Property absent: compliance, by all present in connection with the activities, with safety-related protective measures approved in writing by DEQ in advance; management of any excavated soils or groundwater as potential hazardous waste pursuant to applicable law; and cessation of dewatering activities after no more than 15 days. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil at 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 the time such soil is disturbed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified above in Land Use Restriction 1 while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, or likely pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law or capped to the written 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 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 of A and B 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 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 as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing or later DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. For purposes of this subparagraph, the wells designated “MW-9” and “MW-10” on the plat component of the Notice are existing DEQ-approved monitoring wells. ☐ 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 (“LURU”) to DEQ certifying that the Notice remains recorded at the Guilford 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. Insert required information here, if applicable: ______________________________________________________________ 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 Insert required information here, if applicable: ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 3 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. Insert required information here, if applicable: ☐ 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 Guilford 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: _________________