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Home My WebLink About10053_Midcal Aluminum_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Midcal Aluminum Project #: 10053-06-060 Address: 4933 Brookshire Boulevard 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 for recycling or other industrial purposes, and/or, with prior written Department of Environmental Quality (“DEQ”) approval, any commercial purpose that DEQ determines will not put public health or the environment at undue risk, all as limited by the other Land Use Restrictions below. Within the meaning of this Land Use Restriction, the following definitions apply: “Recycling” refers to the derivation of useable materials, or materials suitable for reuse, from the treatment or processing of used or waste materials. “Industrial” refers to: the assembly, fabrication, processing, storage, transportation and/or distribution of goods and 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 Brownfields Property that relate to noise, smoke, fumes, odors, glare, or health and safety hazards; or any assembly, fabrication or processing of goods and materials where the area occupied by outdoor storage of goods and material used in the assembly, fabrication or processing exceeds 25 percent of the floor area of all buildings on the Brownfields Property. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building designed for human use 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, based on criteria that shall include the most recent Brownfields Property-related environmental sampling results reasonably available to DEQ, that the footprint of a building proposed to be constructed on the Brownfields Property would fall within 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 DEQ approves in writing in advance based on the above-referenced criteria; or 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, within 30 days following installation DEQ shall be provided certification of proper installation under the 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, investigation activities performed to DEQ’s written satisfaction, including, without limitation, soil gas samples, may be conducted, and installation of a mitigation system possibly excused by DEQ, so long as the proponent makes a written commitment to install a mitigation system if DEQ so requires based on review of a report of the investigation activities. 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: ______________________________________________________________ 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 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 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, provided that DEQ attempts to provide written notice of the access (which may be via e-mail) and a summary of the activities to be conducted on the Brownfields Property to at least one owner of the Brownfields Property, and that a reasonable attempt is made to minimize any disturbance caused by the activities. ☐ 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 remains recorded at the Mecklenburg County Register of Deeds office; the Land Use Restrictions are being complied with; and any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 2 above are performing the function for which they were installed, 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). ☐ 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: _________________