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Home My WebLink About15038_Patterson Mill_LURU Model_20171129NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Patterson Mill Project #: 15038-11-042 Address: 900 Jefferson Street County: Halifax 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 Property other than as outdoor recreational fields, open space, park and picnic areas, greenway trails, restroom and concession facilities, restaurant and retail space, and associated parking areas for public use. For purposes of this restriction, the following definitions apply: Outdoor recreational use refers to outdoor exercise-related and otherwise physically focused activities, whether active or passive, and the facilities for same, including sports-related courts and fields, open space and greenways. A greenway is a natural or constructed corridor traversing open space, which may be used for pedestrian or bicycle passage linking areas of activity, such as park and picnic areas, cultural features, or historic sites with each other and with populated areas. Open space is an area of land which is open and unobstructed, including areas maintained in a natural or undisturbed character or areas improved for active or passive recreational purposes, natural resource protection, amenities, and /or buffers and set aside for the use and enjoyment of the general public. Park refers to any land open for use by the general public for active (including playgrounds) or passive recreational purposes or as a refuge for wildlife. Concession services refers to those in which patrons can purchase snacks, beverages, or other food items, including those services that have been contracted to third parties. Restaurant refers to a commercial business establishment that prepares and serves food and beverages to patrons. Retail use refers to the sale of goods, products, or merchandise in small quantities directly to the consumer. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Property may not occur other than in accord, as determined by the Department of Environment and Natural Resources (“DENR”), with an Environmental Management Plan approved in writing by DENR in advance (and revised to DENR’s written satisfaction prior to each subsequent redevelopment phase, if more than one) that is consistent with all the other land use restrictions set forth in this section and describes redevelopment activities at the Property, the timing of redevelopment phase(s), and addresses health, safety and environmental issues that may arise from use of the 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 paragraph 7 of the Brownfields Agreement (“Agreement”); a plan for final grade soil sampling in the areas designated for athletic fields, playgrounds, picnic areas, greenway trails, or other areas in which exposure to final grade soil may occur through normal use; and contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., contaminated soil beneath concrete slabs that are to be removed, tanks, drums, septic drain fields, etc.) ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use, recreational or otherwise, may be made of any portion of the “Former Industrial Area” of the Property, as denoted in the plat component of the Notice of Brownfield Property (“Notice”) as referenced in paragraph 21 of the Agreement, without the prior written approval of DENR, except in areas where an underlying geotextile membrane and a cap consisting of one foot of compacted clean fill (as demonstrated through pre-installation sampling and geotechnical testing) in accordance with the design plans referenced below in this paragraph, or another cover approved in writing in advance by DENR, is installed to DENR’s written satisfaction, and DENR has determined in writing whether any related structures proposed, including without limitation park; playground; picnic; restroom or concession facilities; restaurant or retail space; athletic field-related structures such as dugouts (of which only surface ones are allowed); lighting posts; fences; backstops, or drainage features, may disturb the cap. If DENR determines that such disturbance may occur, the structures shall be built in compliance with a plan approved in writing by DENR, in advance and as implemented, for placement over the cap of a geotextile membrane and material to protect the membrane. Areas outside of the “Former Industrial Area” shall be covered with vegetative cover, asphalt, concrete, or building foundations such that DENR concludes in writing that the Property is suitable for the uses specified in LUR 1 above and that public health and the environment are fully protected, and shall be maintained, and left undisturbed other than through normal use. When soil at the Property is capped, a written report verifying cap installation, compaction and final grade thickness and elevations, and summarizing any sampling or geotechnical testing of the cap or cap materials in areas that will not be covered by buildings or other impermeable surfaces prior to Property reuse, as well as a plan for the cap’s inspection and maintenance, including maintenance of athletic fields, shall be submitted to DENR no later than 30 days following installation. Any deficiencies DENR identifies in the report or plan shall be corrected to DENR’s written satisfaction within 30 days after DENR provides written notice of such deficiencies. Whenever the plan requires actions, the then owner(s) of affected portions of the Property shall comply. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Native or historic fill soil below any cap or other impervious material in the “Former Industrial Area”, as denoted in the plat component of the Notice as referenced in paragraph 21 of the Agreement, that is proposed for penetration or other disturbance shall be sampled for contamination to DENR’s written satisfaction. The proposed penetration or other disturbance may not occur without DENR’s prior written approval on any conditions DENR deems necessary to ensure the Property’s suitability for the uses specified in LUR 1 above and full protection of public health and the environment, except in connection with shallow landscaping of above-ground vegetation or for emergency repair of underground infrastructure, provided that DENR 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 DENR shall be taken. ☐ 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 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 DENR a report subject to written DENR approval on environment-related activities since the last report, with a summary and drawings, that describes: actions taken in accordance with the Environmental Management Plan required by LUR 2 above; soil grading and cut and fill actions; methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media and the results thereof; 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 or demolition debris) from the 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 Property unless and until DENR states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DENR deems necessary to ensure the 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of the Agreement, may be used or stored at the Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture or grazing. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Property where any existing, or subsequently installed, DENR-approved monitoring well is damaged shall be responsible for repair of any such wells to DENR’s written satisfaction and within a time period acceptable to DENR, unless compliance with this Land Use Restriction is waived in writing by DENR in advance. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DENR, nor any party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DENR, may be denied access to the 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 Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice referenced below in paragraph 21 of the Agreement is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DENR, and to the chief public health and environmental officials of Halifax County, North Carolina, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Halifax 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 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 Property during the previous calendar year; ______________________________________________________________ the results of inspection and maintenance activities of the Property cap or cover materials conducted within the past year and the schedule for upcoming inspection and maintenance events. ______________________________________________________________ an update on the progress of any UST issues at the Property until such time that a “No Further Action” letter has been received from the DENR UST Section on each known UST incident at the Property. ______________________________________________________________ ☐ 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 Halifax 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: _________________