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Home My WebLink About17052_Alliance Carolina_LURU Model_20171010NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Alliance-Carolina Tool & Mold Corp. Project #: 17052-13-011 Address: 125 Glenn Bridge Rd. County: Buncombe 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 office, light industrial, and warehouse distribution and, if the Department of Environmental Quality (“DEQ”) issues prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply. “Industrial” is defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials. “Office” is defined as the provision of business or professional services. “Warehousing” is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee, excluding those that are frequented by sensitive populations including but not limited to children, disabled or infirm, or senior populations. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 90 days, or other schedule as approved by DEQ, after the Brownfields Property owner acquires knowledge that Gleason Works (or its successor) wholly satisfied its remedial obligations as to groundwater at the Brownfields Property to the satisfaction of DWM Inactive Hazardous Sites Branch, DEQ shall be notified that all groundwater monitoring wells, injection wells, recovery wells, piezometers and other man made points of groundwater access at the Brownfields Property, or a subset of those aforementioned points of groundwater access at the Brownfields Property that are no longer needed for monitoring purposes, are ready to be abandoned in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code. Unless DEQ notifies the Brownfields Property owner within 10 days of receiving such notification to refrain from such abandonment, the Brownfields Property owner shall direct Gleason Works, on a schedule acceptable to DEQ, to effect said abandonment and, within 30 days after doing so, provide DEQ a report, subject to DEQ approval, setting forth the procedures and results. Monitoring wells in use at the Brownfields Property shall be protected from damage during construction activities. If construction activities will compromise or damage any of the wells that are to be retained, construction activities in these areas will cease and the wells shall be properly abandoned in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, prior to continuing with construction activities in those areas, and if required by DEQ, replaced after construction activities are complete to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ If the remedial obligations described in LUR 2, above are discontinued prior to its completion to the satisfaction of the DWM Inactive Hazardous Waste Site Branch, DEQ may require the Brownfields Property owner to assess the risk remaining to public health and the environment at or from the Brownfields Property. DEQ may also impose upon the Property owner additional land use restrictions or require the Brownfields Property owner to conduct additional or a reduction in actions as necessary to prevent or abate unacceptable risks that result from said discontinued remedial obligations in order to achieve the goals of this brownfields agreement as set forth in N.C.G.S. §130A-310.32(2) to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Brownfields Property as delineated on the plat component of the Notice of Brownfields Property (“Notice”), 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 to the Brownfields Agreement (“Agreement”), and contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields). The requirements of this section shall not apply to the renovation of the interior of any building existing on the Brownfields Property as of the effective date of this Agreement (as depicted on the plat component of the Notice), so long as such renovation does not consist of subsurface or subslab activity. ☐ 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 Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities at the Brownfields Property since the last report, with a summary and drawings, that describes: actions taken in accordance with the plan required by paragraph 4 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). The requirements of this section shall not apply to the renovation of the interior of any building existing on the Brownfields Property as of the effective date of the Agreement (as depicted on the plat component of the Notice), so long as such renovation does not consist of subsurface or subslab activity. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and groundwater at the Brownfields Property may not be used for any purpose (other than monitoring) without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During physical redevelopment and onward, no activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, which response shall be made by DEQ within fifteen (15) business days from DEQ's receipt of such notice of activity, 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: ______________________________________________________________ Existing buildings excepted (existing as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 25 of the Agreement), no enclosed building may be constructed on the Brownfields Property unless and until DEQ determines in writing that: 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 to the Agreement, 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: ______________________________________________________________ The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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 owner of any portion of the Brownfields Property where any existing, or 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 Land Use Restriction 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: ______________________________________________________________ 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 Buncombe County, certifying that, as of said January 1st, the Notice containing these land use restrictions as to the Property or the portion of the Property for which the LURU is submitted remains recorded at the Buncombe 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 any vapor barrier and/or mitigation systems installed pursuant to LUR 8 above, are performing as designed, and whether the uses of the ground floors of any building 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 Buncombe 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: _________________