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Home My WebLink About09046_Piedmont Triad Research Park (Northern)_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Piedmont Triad Research Park (Northern) Project #: 09046-05-034 Address: 601 Vine Street County: Forsyth 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 Without the Department of Environmental Quality’s (“DEQ”) advance written approval, no use may be made of the Brownfields Property other than for bio-technology research facilities, offices, retail outlets, public open areas, high-density residences, performance/concert halls, hotels, community centers, swimming pools, parking, schools and, if DEQ issues prior written approval, any uses not listed above that are allowed by the Master Plan, North District of the Piedmont Triad Research Park, dated April 28, 2008. For purposes of this restriction, the following definitions apply: “Bio-technology research facilities”: facilities housing critical and exhaustive investigation, experimentation and education in the field of bio-technology, devoted to the discovery of new facts and their correct interpretation, the revision of accepted conclusions, theories or laws in light of newly discovered facts, and the practical applications of such new or revised conclusions, theories or laws. “Offices”: places where business or professional services are rendered. “Retail outlets”: businesses that sell goods directly to consumers; the term includes restaurants. “Public open areas”: golf courses, tennis courts, ball fields, ball courts, playgrounds and other unenclosed recreation sites that are approved in writing by DEQ in advance, as well as landscaped or natural areas. “High-density residences”: structural units used as permanent dwellings that are attached to each other with common walls (such as condominiums, apartments, group homes, dormitories or boarding houses) and whose occupants share privileges, and in some cases ownership, regarding property outside said units. “Performance/concert halls”: indoor or outdoor facilities suitable for the presentation of artistic and or musical productions, which facilities may be constructed below the ground surface only with DEQ’s advance written approval. “Hotels”: buildings containing more than four individual rooms that provide overnight lodging facilities and reservation, cleaning, utilities and on-site management and reception services for paying customers. “Community centers”: structures, with associated public open areas as defined above, that are used for educational, civic, recreational, athletic, or other gatherings and activities that are approved in writing by DEQ in advance. “Swimming pools”: indoor or outdoor facilities designed to contain water for swimming and constructed in locations and in conformance with a design approved in writing in advance by DEQ. Groundwater from the Brownfields Property shall not be used in swimming pools, and non-municipal water shall only be used in any swimming pool on the Brownfields Property with advance written DEQ approval. “Parking”: an area designed and designated for temporary accommodation of motor vehicles above- or below-ground, for a fee or as a service. "Schools": institutions providing elementary school, middle school, junior high school, high school, collegiate, graduate or post-graduate education, as well as pre-school/child daycare services if the location, layout and design of such services are approved in writing in advance by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any soil contamination discovered on the Brownfields Property prior to, during or after redevelopment, as defined by DEQ, shall be assessed by an individual who DEQ determines is qualified as a Registered Site Manager pursuant to North Carolina Administrative Code, Title 15A, Subchapter 13C, Rule .0304. If DEQ determines that additional sampling is necessary, such sampling shall be conducted in a manner and to an extent approved in writing in advance by DEQ in general accordance, as determined by DEQ, with field procedures and laboratory testing methodologies described in the most current version of Appendices A and B of the Guidelines for Assessment and Cleanup of the Inactive Hazardous Sites Program of DEQ’s Superfund Section (unless otherwise provided herein), and soil assessment reports satisfactory to DEQ shall be submitted to DEQ not more than 30 days following completion of such assessment activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any soil contamination discovered on the Brownfields Property prior to, during or after redevelopment, as defined by DEQ, that DEQ determines requires remediation based on review of soil assessment reports, shall, prior to when DEQ determines redevelopment of the affected portion(s) of the Brownfields Property is complete, be remediated in a manner approved by, and to the written satisfaction of, DEQ, in general accordance, as determined by DEQ, with field procedures and laboratory testing methodologies described in the most current version of the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section, and soil remediation reports satisfactory to DEQ shall be submitted to DEQ not more than 60 days following completion of such remediation activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Contamination on the Brownfields Property that falls within the jurisdiction of DEQ’s Underground Storage Tank (“UST”) Section shall be addressed in accordance with the applicable provisions of law and the Guidelines of the UST Section, and copies of all reports and correspondence relating to such contamination, including any No Further Action letters issued by the UST Section, shall be submitted to DEQ within seven (7) days after the date of the report or correspondence. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No buildings containing indoor space may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to groundwater contamination at the Brownfields Property. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within 100 feet of such contamination, it may not be constructed without: a vapor barrier system and sub-slab vapor venting system, or other vapor mitigation system, approved in advance in writing by DEQ, within 30 days after installation of which 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; or an assessment of the risk posed by soil gas to potential users of the building that demonstrates to DEQ’s written satisfaction that no vapor barrier, sub-slab venting nor mitigation system is required. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building appearing on the plat component of the Notice of Brownfields Property (“Notice”) that contains indoor space may be used until DEQ receives a report, sealed by a professional engineer licensed in North Carolina, regarding an inspection in accordance with a plan approved in writing in advance by DEQ that evaluates the possibility of vapor entering the building and whether any heating, ventilation and air conditioning (“HVAC”) system in the building complies with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code, or another standard approved in writing in advance by DEQ. If the inspection finds the possibility of vapor entering the building, the report shall identify the possible entrances, such as sumps, floor drains, foundation cracks, holes in flooring, gaps around pipes and utility lines, and cracks in walls. If DEQ determines that the possible entrances need to be addressed, the proponent of the building’s use shall submit a plan to DEQ for same, which plan shall also require that the building’s HVAC system comply with the most current version of the Mechanical Ventilation Section of the Ventilation Chapter of the North Carolina State Building Code (or another standard if DEQ has approved one) and, upon DEQ’s written approval, shall implement the plan to DEQ’s written satisfaction. If the report determines that any HVAC system in the building is not compliant with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code, or another standard if DEQ has approved one, the proponent of the building’s use shall, subject to DEQ’s written approval, take the actions necessary to achieve compliance. ☐ 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, with the exception of stormwater collected on the Brownfields Property by a stormwater collection and management system approved by DEQ. ☐ 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: ______________________________________________________________ No contaminant known to be present in the environmental media at the Brownfields Property, including those listed in the Tables A and B of the Notice, may be used or stored at the Brownfields Property other than in de minimis amounts for cleaning and other routine housekeeping activities Provided, that such contaminants may be used or stored at the Brownfields Property as constituents of materials present in conjunction with the uses permitted by LUR 1 above, if DEQ has approved a spill containment plan for such contaminant, and any other measures required by law in connection with the proposed use, storage or disposal are implemented. ☐ 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: ______________________________________________________________ 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 then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ providing the name, mailing address, telephone and facsimile numbers, and e-mail address of the party submitting the LURU if said party acquired any part of the Brownfields Property during the previous calendar year; and the transferee’s name, mailing address, telephone and facsimile numbers, and e-mail address, if the party submitting the LURU transferred any part of the Brownfields Property during the previous calendar year; and certifying that: the Notice of Brownfields Property containing these land use restrictions remains recorded at the Forsyth County Register of Deeds office; these land use restrictions are being complied with; any vapor barrier and venting systems installed at the Brownfields Property remain intact and are performing as designed (in connection with which certification any measures taken to maintain such performance shall be reported); and ______________________________________________________________ any heating, ventilation and air conditioning systems installed at the Brownfields Property continue to comply with the North Carolina State Building Code (or another standard if DEQ has approved one). ______________________________________________________________ Alternatively, the obligations of this LUR 14 may be discharged on behalf of some or all owners by an association that accepts responsibility for same in a notarized instrument satisfactory to DEQ. The Brownfields Property’s master development association and master development association documents shall suffice as the required instrument and association, respectively. The instrument shall include the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is submitted. Failure to provide facsimile numbers and e-mail addresses for particular parties shall be excused if DEQ determines that the association has used its best reasonable efforts to obtain same. ☐ 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 Forsyth 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: _________________