The URL can be used to link to this page

Home My WebLink About15032_800 Chatham Road_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: 850 and 890 Chatham Road Project #: 15032-11-034 Address: 850 and 890 Chatham Road 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 Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 No use may be made of the Brownfields Property other than for high-density residential, office, and other commercial uses. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building at the Brownfields Property may be occupied unless and until each of the following occurs: vapor intrusion (VI) mitigation system(s), designed by a professional engineer(“PE”) licensed in North Carolina and approved in writing, in advance, by the Department of Environmental Quality (“DEQ”), are installed in the building to the satisfaction of the PE; the PE inspects the building and certifies to the Department of Environment and Natural Resources (“DEQ”) in writing that the VI mitigation system(s) has been properly installed and is functioning as designed; leak detection and/or performance testing is performed on the VI mitigation system(s) installed in the building in accordance with a plan approved in writing, in advance, by DEQ; air inside the building is tested pursuant to a plan approved in writing, in advance, by DEQ and DEQ determines in writing that, on the basis of the test results, indoor air quality does not pose unacceptable health risks as a result of site contaminants migrating into indoor air; and the owner of the building commits to DEQ in writing to perform such ongoing additional testing DEQ determines is necessary to demonstrate that the system(s) is mitigating the intrusion of hazardous vapors into the building. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building at the Brownfields Property may be occupied unless and until all areas of the Brownfields Property, outside of the footprint of all buildings and other permanent structures, which may contain surficial soils or other media (for example, railroad ballast stone) contaminated with hazardous substances above Residential Health Based Remediation Goals have been capped in accordance with a plan approved by DEQ in advance, in writing, with a cap sufficient to minimize unintended contact with potentially contaminated soil or other media. The cap will be constructed using: hardscape material (e.g., paving, asphalt, concrete, etc.); a minimum of one foot (post-compaction) of clean soil fill; a continuous geo-synthetic textile barrier topped by a minimum of 6 inches (post-compaction) of clean soil fill; a minimum of 4 inches of landscaping stone; or another material approved in advance by DEQ. Landscaping with grass or dense vegetation, or with a minimum of 2 inches of landscaping stone, shall be immediately established and permanently maintained on all areas capped by soil fill. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No residential use of the Brownfields Property may occur until an access control barrier along the entire bank of Peters Creek at the Property is constructed to DEQ’s written satisfaction. The barrier shall be constructed of fencing and/or another material approved by DEQ in advance, and shall be permanently maintained and annually inspected. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Brownfields Property 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 the planned 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. Consistent with the provisions of paragraph 11 of the Brownfields Agreement (“Agreement”), the owner of the Brownfields Property at the time a new EMP or material revisions to an existing EMP is proposed shall pay to DEQ an additional fee for each material review by DEQ, as provided in that paragraph. A new EMP shall be developed, or the existing EMP shall be revised, to reflect redevelopment phases or activities not already included in an approved EMP. The EMP shall include, 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 to the Agreement; and contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 90 days after each one-year anniversary of the effective date of the 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 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 in accordance with the plan required by LURs 3 and 5 above; soil grading and cut and fill actions; methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition, whether on site or off site, 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: ______________________________________________________________ Following the conclusion, as determined by DEQ, of each phase of physical redevelopment referenced in LUR 5 above, no activities 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 LUR 1 above while fully protecting public health and the environment, except: in connection with de minimis soil removals to depths not exceeding 12 inches, mowing and pruning of above-ground vegetation; and, for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair 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: ______________________________________________________________ Following the conclusion, as determined by DEQ, of each phase of physical redevelopment referenced in LUR 5 above, no activities that encounter, expose, remove or use surface water or 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 unless 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 LUR 1 above while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ With the exception of green space and/or outdoor athletic or playground areas provided for residents that are designed and maintained in accordance with a plan approved in writing, in advance, by DEQ, 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as for child care centers or schools unless and until DEQ states in writing, in advance of the proposed child-related use, that said use may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property is suitable for use as a child care center or school while fully protecting public health and the environment. ☐ 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 Exhibit 2 of the Agreement, may be used or stored at the Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities and in sealed containers of products for retail sale which contain those contaminants. ☐ 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: ______________________________________________________________ During January of each year after the year in which the Notice of Brownfields Property 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 directors of the agencies having jurisdiction over public health and the environment for Forsyth County, certifying that, as of said January 1st, the Notice containing these land use restrictions remains recorded at the Forsyth 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 vapor intrusion mitigation systems installed pursuant to LUR 2 above are performing as designed, and whether the uses of the ground floors of any buildings containing such mitigation systems have changed, and, if so, how. ______________________________________________________________ Whether caps (hardscape materials, clean soil, stone) and landscaping required by LUR 3 above are being inspected and maintained to prevent erosion and/or human exposure to contaminated soil or other media. ______________________________________________________________ Whether the barrier along Peters Creek installed pursuant to LUR 4 above is being maintained and is functioning as designed. ______________________________________________________________ ☐ 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: _________________