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Home My WebLink About10062_Schrader-Bridgeport_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Schrader-Bridgeport Project #: 10062-06-090 Address: 1609 Airport Road County: Union 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 light manufacturing, warehousing and, with the Department of Environmental Quality’s (“DEQ”) prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: “Light Manufacturing” refers to the assembly, fabrication or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards in excess of applicable legal standards, where such processes are housed entirely within a building, and where the area occupied by the outdoor storage of goods and material used in such processes does not exceed twenty-five (25) percent of the floor area of all the buildings on the property. Any process water or wastewater generated at a light manufacturing facility must be managed in compliance with all applicable law. “Warehousing” refers to the storage and distribution of products not precluded by Land Use Restriction No. 9 below for a business or other enterprise. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee, as limited by the other land use restrictions below. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of the portion of the Brownfields Property containing the building denominated “Schrader-Bridgeport Building” on the plat component of the Notice of Brownfields Property (“Notice”) shall, on the days(s) mandated for sampling pursuant to the plan required by paragraph 13 of the Brownfields Agreement (“Agreement”), be responsible for complying with the referenced plan on that/those day(s). If sampling pursuant to that plan indicates to DEQ that volatile organic compound levels are such that the Brownfields Property may not be suitable for the uses specified in Land Use Restriction 1 above while fully protecting public health and the environment, the subject owner shall submit a vapor mitigation plan, including a schedule, for DEQ approval and shall implement said plan as approved in writing by DEQ. Provided, that mitigation shall be waived if the subject owner submits a risk assessment that DEQ determines in writing renders it unnecessary. DEQ shall alter or terminate the testing and/or sampling requirement if it conclusively determines that it is not necessary in order for the Brownfields Property to remain suitable for the uses specified in Land Use Restriction 1 above. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building 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 that the footprint of a building proposed to be constructed on the Brownfields Property would fall within one hundred (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 approved by DEQ, followed, within 30 days after installation of the vapor barrier system and/or mechanical or passive vapor barrier mitigation system, by certification to DEQ 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 investigation activities including, without limitation, soil gas samples performed to DEQ’s written satisfaction, which DEQ determines in writing demonstrate that a vapor barrier system and/or mechanical or passive vapor barrier mitigation system, or other effective vapor mitigation system approved by DEQ, are not needed in order for the Brownfields Property to be and remain suitable for the uses specified in Land Use Restriction 1 above. ☐ 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: ______________________________________________________________ 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: ______________________________________________________________ Soil within the area denominated “Area of Possible Soil Contamination/Soil Vapor Extraction/Air Sparging Area” on the plat component of this Notice may not be exposed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If the nature and extent of soil contamination indicates to DEQ that the Brownfields Property may be unsuitable for the uses specified in Land Use Restriction 1 above while fully protecting public health and the environment, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law or, at DEQ’s discretion, capped to the written satisfaction 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 Tables A, B and C 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: ______________________________________________________________ Except for occasional recreational use by employees, 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 without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding without the prior written approval of DEQ. ☐ 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. ☐ 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 certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Union 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 changes have occurred to the soil vapor extraction and air sparging remediation systems on the Brownfields Property. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restrictions 3.a. and 3.b. 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 Union 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: _________________