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Home My WebLink About19029_B and H Recyclers_LURU Model_20170926NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: B & H Recyclers Project #: 19029-15-004 Address: 7256 US Hwy 74 West County: Anson 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 as a dealership for agricultural, lawn and garden, and compact construction equipment, including the display and sale of new and used equipment, parts, and merchandise; repair, maintenance, and washing of external surfaces of equipment; associated parking; warehousing that complies with the Brownfields Agreement; and with Department of Environmental Quality (“DEQ”) prior approval, other commercial or retail uses. Residential use or use by sensitive populations such as day cares, schools, and senior centers is prohibited, unless approved by DEQ in advance. For purposes of this restriction, the following definitions apply: “Agricultural, lawn and garden, and compact construction equipment” refers to tractors, loaders, excavators, mowers, utility vehicles, seeding and harvesting equipment, implements, and related parts, materials and accessories. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. “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. “Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same. ☐ 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 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, the closing and sealing of all sub-grade features in the main building, and without limitation those resulting from contamination identified in the Environmental Reports; issues related to potential sources of contamination referenced in paragraph 8 of the Brownfields Agreement (“Agreement”, aka: Exhibit A); 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: ______________________________________________________________ On or before January 31st of each year after 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 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 in accordance with the plan required by LUR No. 2 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 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: ______________________________________________________________ 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 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 No. 1 above while fully protecting public health and the environment. ☐ 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. ☐ 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 LUR No. 1 above while fully protecting public health and the environment, except: in connection with planting of landscape plants to depths not exceeding 18 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: ______________________________________________________________ No building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property (“Notice”), may be occupied until: it is demonstrated to DEQ's written satisfaction through a site-specific risk assessment that the building is protective of the building's users, public health and the environment from risk of vapor intrusion; it is demonstrated, pursuant to a DEQ-approved plan, and subject to DEQ's approval, that the building would be or is sufficiently distant from the Brownfields Property's groundwater and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or a plan for a vapor intrusion mitigation system, approved in writing by DEQ in advance and including a proposed performance assessment for demonstration of the system's protection of the building's users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Monitoring of the vapor intrusion pathway for the main building denoted on the plat component of the Notice shall be implemented in accordance with a plan for monitoring submitted to DEQ within 60 days of the effective date of the Agreement, or on another schedule acceptable to DEQ, and approved in advance by DEQ. If the vapor intrusion pathway is determined.to pose unacceptable risks for building occupants at the Brownfields Property, the owner shall implement mitigation measures in accordance with LUR 7.c. above. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ All subsurface features including the sub-grade trench drain and pit system shall be properly closed prior to conducting vehicular maintenance activities to prevent the release of petroleum hydrocarbon products to the subsurface through these features. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Storage of fuels or waste oils in Underground Storage Tanks (“USTs”) is prohibited at the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Storage or use of chlorinated solvent products is prohibited at the Brownfields Property, unless in full compliance with LUR No. 15 below. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The locations of any Aboveground Storage Tanks (ASTs), other waste facilities, and other chemical or petroleum products at the Brownfields Property are to be approved in advance by DEQ's Division of Waste Management (“DWM”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Other than vehicle fuel and lubricant tanks that are integral to the agricultural equipment noted in LUR No. 1.a. above, any container holding more than 25 gallons of petroleum product or other chemical in the main building may only be employed at the property once LUR No. 8 above is complied with to the satisfaction of DEQ, and only if properly noticed to the DWM, UST Permitting Section and stored in properly constructed secondary containment features that are designed so that any discharge from a primary container would not escape the containment system before cleanup occurs, or if applicable, in accordance with a site-specific Spill Prevention, Control, and Countermeasure (“SPCC”) Plan. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any release of petroleum product or waste oil to the subsurface requires notification to DWM, and remedial activities to address such a release. Any such release is not covered under the environmental liability protection of the Agreement. ☐ 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 paragraph 8 of the Agreement (or Exhibit A) to 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 sealed, pre-packaged containers sold in a retail context; as constituents of fuels, lubricants and oils in emergency generators and vehicles in on-board tanks integral to said equipment; in flammable liquid storage containers holding no more than 25 gallons; and as approved in writing by DEQ in advance, for maintenance and service of the vehicles and equipment specified in LUR No. 1.a. above that is in compliance with applicable law and with the DEQ-approved plan for managing substances containing said contaminants, such that, should a release of those substances occur at the Brownfields Property, the subject contaminants in that release would be distinguishable with certainty from the subject contaminants in any known release at the Brownfields Property that predates the Agreement, though vehicle parts and tools may not be washed in solvents containing any contaminants known to be present in the environmental media at the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 60 days after the effective date of the Agreement, unless an alternate schedule is approved by DEQ, the monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property shall be abandoned in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code. Within 30 days after doing so, the property owner shall provide DEQ a report setting forth the procedures and results. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any subsequently installed 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, unless compliance with this LUR is waived in writing by DEQ in advance. ☐ 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 executed by an owner of any interest in the Brownfields Property shall contain the following notice: “The 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 Anson County land records, Book 1130, Page 311.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of the Agreement, though financial figures related to the conveyance may be redacted. ☐ 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 Anson County, certifying that, as of said January 1st, the Notice containing these land use restrictions remains recorded at the Anson 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; and ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR No. 7.c. 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 Anson 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: _________________