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Home My WebLink About09036_Baxter Oil_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Baxter Oil (Former) Project #: 09036-05-045 Address: 619 Spartanburg Hwy County: Henderson 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 No use may be made of the Brownfields Property other than for retail, office, other commercial uses if the Department of Environmental Quality (“DEQ”) issues prior written approval, and associated parking. For purposes of this restriction, the following definitions apply: “Retail” refers to the sale of goods directly to the consumer. “Office” refers to the rendering of business or professional services. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. “Parking” refers to the temporary accommodation of motor vehicles in a designated area designed for same. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this LUR is waived in writing by DEQ in advance in regard to particular buildings, no existing building on the Brownfields Property may be used, nor any new building constructed, until a vapor intrusion control system has been approved in writing by DEQ, as designed and as installed. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless DEQ makes an advance written exception in a particular instance, soil in the area designated “Area of Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”), and soil underlying paved and other impervious surfaces and buildings at the Brownfields Property, may not be disturbed below a depth of three (3) feet unless and until DEQ approves in writing a plan with a schedule, and implementation of said plan, that requires: sampling each excavation to determine whether soil contaminated in excess of the most recent Protection of Groundwater Soil Remediation Goals of DEQ’s Inactive Hazardous Sites Branch, or Maximum Soil Contaminant Concentrations of DEQ’s Underground Storage Tank Section, is present; and, if the sampling reflects such contamination, a risk assessment for the area subject to the plan, completed and certified by a North Carolina-licensed professional engineer whose work is principally environmental, that evaluates whether, without remediation or measures to manage the contamination, the area will be suitable for the uses specified in LUR 1 above and public health and the environment will be fully protected; and, if said assessment reaches a negative conclusion regarding that matter, or in lieu of the assessment, remediation of the contamination or measures to manage it by means approved in writing by DEQ in advance. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use of the Brownfields Property may occur after the 30th day following recordation of this Notice, unless DEQ receives by that date a written plan for groundwater monitoring at the Brownfields Property through sampling and analysis, and Brownfields Property use shall terminate unless any deficiencies DEQ identifies in the plan are corrected to DEQ’s satisfaction within time periods established by DEQ. At a minimum, the groundwater monitoring plan shall require: sampling pursuant to the plan of the wells designated “MW-1” and “MW-2” on the plat component of the Notice; sampling of the designated wells for volatile organic compounds and Massachusetts Department of Environmental Protection (“MDEP”) volatile petroleum hydrocarbons (“VPH”) and extractable petroleum hydrocarbons (“EPH”) at least once each year, during the same seven-day period; analysis of the samples by the most current version of U.S. Environmental Protection Agency Method 8260 and the most current MDEP protocols for VPH and EPH; provision of the sampling analyses to DEQ in writing within 30 days after sampling; and replacement of any of the designated wells if DEQ determines it warranted due to redevelopment activities. When the plan requires sampling, analysis, reporting or replacement of a well installed pursuant to the plan, the then owner of the affected portion(s) of the Brownfields Property shall be responsible for compliance. The plan shall be available from DEQ and may be amended with DEQ’s prior written approval. Permission to cease required monitoring may be requested of DEQ if sampling pursuant to the plan shows the concentrations of any and all detected volatile organic compounds, and MDEP VPH and EPH, declining for a minimum of two (2) consecutive years. ☐ 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 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. ☐ 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 1 and 2 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. ☐ 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, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that, as of said January 1st, the Notice remains recorded at the Henderson 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. ______________________________________________________________ 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. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR 2 and 3 above are performing as designed, 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. ______________________________________________________________ ☐ 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 Henderson 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: _________________