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Home My WebLink About10050_Golden Belt_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Golden Belt Project #: 10050-06-032 Address: 807 East Main Street County: Durham 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 mixed use that may include office, high-density residential, retail, light manufacturing, institutional and, with prior written Department of Environmental Quality (“DEQ”) approval, other commercial use. For purposes of this restriction, the following definitions apply: “mixed use”: a project involving three or more significant revenue-producing uses that are mutually supporting, significant physical and functional integration of project components, and development of said components in conformance with a coherent plan. “office use”: the conduct or rendering of business or professional services. “high-density residential use”: use for permanent dwellings of residential units attached to each other with common walls (such as condominiums, apartments, group homes, dormitories or boarding houses) and involving shared privileges, and in some cases ownership, regarding property outside the dwelling units. “retail use”: the sale of goods, products or merchandise directly to consumers. “light manufacturing use”: the assembly, fabrication or processing of goods and materials entirely within a building, using processes that do not create more than legally compliant noise, smoke, fumes, odors, glare, or health or safety hazards outside the building, and involving outdoor storage of goods and material used in such assembly, fabrication or processing that does not exceed 25 percent of the floor area of all buildings on the Brownfields Property. “institutional use”: an art studio, religious institution, library, school, hospital or government-owned or -operated building. “religious institution”: a church, temple, or synagogue, the principal purpose of which is religious worship. “school”: a use, whether privately or publicly owned, providing pre-school, elementary school, middle school, junior high school, high school or adult education. ☐ 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: ______________________________________________________________ Any area of the Brownfields Property denominated “Area of Possible Soil Contamination,” on the plat component of the Notice of Brownfields Property (“Notice”), must, to DEQ’s written satisfaction prior to use, be overlain by a permanent structure, asphalt or concrete pavement (collectively a “cap”), or covered with at least two (2) feet of clean soil (“cover”), and shall be inspected for continuity and integrity annually and maintained such that the option chosen is continuing to function as an effective cap or cover over soil in the subject area. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within any area denominated “Area of Possible Soil Contamination” on the plat component of the Notice, neither pavement caps nor soil cover may be disturbed or removed without a minimum of seven 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 the disturbance or removal of the pavement cap(s) or soil cover(s) in question, 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 in Land Use Restriction 1 above 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: ______________________________________________________________ No new basements may be constructed on the Brownfields Property. ☐ 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, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts necessary for cleaning (including cleaning of visual art-related material) and other routine housekeeping activities. ☐ 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 was 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 remains recorded at the Durham County Register of Deeds office, and that these land use restrictions are being complied with. The Land Use Restrictions Updates submitted by owners of any part of the Brownfields Property that includes areas denominated “Area of Possible Soil Contamination,” on the plat component of the Notice, shall include a written report of annual inspection of caps or covers over such areas for continuity and integrity, and maintenance of such caps or covers such that they are continuing to serve their purpose. ☐ 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 Durham 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: _________________