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Home My WebLink About14030_Cotton Mill Sq Amendment_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Cotton Mill Square Amendment Project #: 14030-10-041 Address: 801 Merritt Drive 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 water supply wells may be installed or used at the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 2: No mining activities may be conducted on the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 3: No activities which result in direct exposure to or removal of groundwater (for example, construction or excavation activities which encounter or expose groundwater) may be conducted on the Property without prior sampling and analysis of groundwater in the area where such activities are to be conducted, submittal of the analytical results to the Department of Environmental Quality (“DEQ”) or its successor in function along with plans and procedures to protect public health and the environment during those activities, and approval of those activities by DEQ or its successor in function. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 4: No fountains, ponds, lakes, swimming pools or other items which are supplied, in whole or in part, by groundwater may be constructed on the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice referenced in paragraph 12 of the Brownfields Agreement is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Guilford County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions 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 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 Property during the previous calendar year. ___________________________________________________________________________________________________________________________________________________________________________________ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil on the Property may not be disturbed at a depth greater than two (2) feet without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. Soil at the Property may not be disturbed at a depth greater than two (2) feet unless and until DEQ has approved in writing field screening techniques to be employed during such disturbance. Excavated soil that field screening and/or observation indicates may be contaminated with regulated substances above the applicable soil remediation goals (“SRGs”) of DEQ’s Inactive Hazardous Sites Branch shall be stockpiled pending sampling and laboratory analysis. Any such stockpiles shall be covered so as to prevent water infiltration and run-off, and shall be sampled and analyzed in accordance with a plan approved, in writing in advance, by DEQ. Any soil that is shown by sampling results to exceed applicable SRGs shall be disposed of, otherwise treated in accordance with applicable law, or managed on site in accordance with a management plan approved in writing by DEQ. A soil management plan approved in writing by DEQ shall also include a sampling protocol for surficial soils to be implemented following the conclusion of construction-related soil disturbance but prior to non-construction worker occupation at the Property that confirms applicable SRGs are met in all those areas not covered by at least two feet of clean fill and/or capped by impervious surfaces or buildings placed on the property. If sampling determines that contamination is present in concentrations lower than the SRGs, or DEQ otherwise concludes that returning the soil to the excavation from which it came would not render the Property unsuitable for the uses specified in LUR 11 below and/or render public health and the environment less than fully protected, the soil may be so returned. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No fill material may be placed on the Property unless DEQ has been informed in writing of the source of said material and, if DEQ so requires, unless DEQ has been provided documentation satisfactory to DEQ that the fill material does not contain regulated substances at concentrations above residential SRGs or naturally occurring background levels. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Property until DEQ has been consulted regarding the proximity of the planned building to volatile contaminant plumes, as reflected in the most recent sampling results reasonably available to DEQ. If DEQ determines that the footprint of a building proposed to be constructed would fall within 100 feet of said plume, it may not be constructed until : a vapor barrier and/or mechanical or passive vapor mitigation system approved in writing by DEQ in advance is installed. Within 30 days following completion of 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; or an assessment of the risk posed by soil gas to potential users of the building is prepared that demonstrates to DEQ’s written satisfaction that neither a vapor barrier nor mitigation system is required. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building on the Property may be constructed, nor any existing building altered, unless mechanical ventilation with outdoor air is provided in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code (“Code”) or another standard approved in writing in advance by DEQ, unless compliance with this requirement is waived in writing by DEQ in advance in regard to particular buildings or alterations. Within 30 days following completion of installation or modification of the subject ventilation, a professional engineer licensed in North Carolina shall provide DEQ certification under seal that the ventilation system was installed or modified in accordance with its design specifications and complies with the Code. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use may be made of the Property other than for office, retail or residential purposes, or any mix thereof. Within the meaning of this restriction, the following definitions apply: “Office” refers to the provision of business or professional services. “Retail” refers to the sale of goods directly to the consumer. “Residential” refers to use for a permanent dwelling of any single- or multi-unit building. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ nor any party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Property. ☐ 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: _________________