HomeMy WebLinkAbout20023_Sealtest Dairy_LURU Model_20170921NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Sealtest Dairy
Project #: 20023-16-018
Address: 2115 US Hwy 70 SE
County: Catawba
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 retail, restaurant, office, and subject to the Department of Environmental Quality’s (“DEQ”) prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and
beverage products. However, for the purposes of the Notice of Brownfields Property (“Notice”), retail excludes use as a dry cleaner using chlorinated solvents.
Restaurant is defined as a commercial business establishment that prepares and serves food and beverages to patrons.
Commercial is defined as an enterprise carried on for profit ot nonprofit by the owner, lessee or licensee.
Office is defined as the provision of business or professional services.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property may not be used for child care centers, adult care centers or schools without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Groundwater 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 activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in Paragraph 1 above while fully protecting public health
and the environment, except:
in connection with landscape planting to depths not exceeding 24 inches;
mowing and pruning of above-ground vegetation and;
for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved EMP as outlined in LUR 7.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No occupancy of the Brownfields Property, as defined in LUR 1 above, may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling as described
in the EMP referred to in LUR 7 that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways. A report documenting the final grade soil
sampling will be submitted by the then owner of the Brownfield Property which is subject to DEQ approval.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Physical redevelopment of the Brownfields Property beyond its state at the effective date of the Brownfields Agreement may not occur other than in accord, as determined by DEQ, with
an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent
with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental
issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2 of the Notice;
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
By January 31 of each year after the completion of this agreement, for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall
90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related
activities since the last report, with a summary and drawings, that describes:
actions taken on the Brownfields Property in accordance with Section V: Work to be Performed of Exhibit A to the Notice;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of 0-1 ·18 environmental media;
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be
contaminated with regulated substances; and
removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property ( copies of all legally required manifests
shall be included).
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields 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 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: ______________________________________________________________
Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “The Brownfields Property which is the subject of this instrument is
subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Catawba County land records, Book 3387, Page 115.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit A to the Notice, though financial figures related to the conveyance may be redacted.
If DEQ issues prior, written approval, Prospective Developer may use the following mechanisms to comply with the obligations of this paragraph, subject to the terms and conditions that
DEQ may establish in such approval: (i) If every lease and rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider evidencing compliance
with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions) of Exhibit A to the Notice; or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV of Exhibit A to the Notice.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of the Notice and as modified by DEQ in writing if additional
contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ,
except:
in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
in fluids in vehicles; and
as constituents of products and materials customarily used and stored in retail, restaurant, office, and subject to DEQ's prior written approval, other commercia1
environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws.
☐ 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, and to the chief public health and environmental officials of Catawba County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Catawba 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; and
______________________________________________________________
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 all products containing hazardous substances used or stored at the Brownfields Property are being managed in compliance with LUR 10 above.
______________________________________________________________
A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
LURUs submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses.
A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 21 and 22 of Exhibit A to the Notice.
☐ 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 Catawba 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: _________________