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Home My WebLink About16012_South John St Project_LURU Model_20171130NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: South John Street Project Project #: 16012-12-096 Address: 714 South John Street County: Wayne 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 for use as open space, parking for the pre-Civil War era Willow Cemetery located adjacent to the property with the possibility of use as an expansion of the cemetery, or for commercial use. For purposes of this restriction, the following definitions apply Open Space - land maintained in a natural or landscaped state and used for active or passive recreational purposes, natural resource protection, buffers, greenways and/or detention facilities for stormwater; Parking - refers to the temporary accommodation of motor vehicles in an area designed for same; Cemetery - means any one or a combination of more than one of the following in a place used or to be used and dedicated or designated for cemetery purposes: A burial park, for earth interment. A mausoleum. A columbarium. Commercial - an enterprise carried on for profit by the owner, lessee or licensee. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and groundwater at the Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ A soil cap consisting of not less than two feet of clean fill must be maintained on areas of the property not covered by impervious surface. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil at the Property at a depth greater than two (2) feet (below the soil cap) may not be disturbed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance of the proposed activity. Said activity may only occur if conducted in accordance with any measures DEQ 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: ______________________________________________________________ Burials (earth interments) may occur only in clean fill and must maintain at least one foot of clean fill beneath the vault. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Property unless and until DEQ determines in writing that: the building would be sufficiently distant from the Property’s groundwater contamination that the building’s users, public health and the environment will be protected from risk from soil vapor intrusion related to said contamination; or a plan for a soil vapor intrusion mitigation system, approved in writing by DEQ in advance and including a proposed performance assessment prior to the building’s use for demonstration of the system’s protection of the building’s users, public health and the environment from risk from soil vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by implementation documentation sealed by said engineer. ☐ 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 Exhibit 2 to the Brownfields Agreement (“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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ, 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 DEQ, 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 of Brownfields Property (“Notice”) 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 DEQ, and to the chief public health and environmental officials of Wayne County, certifying that, as of said January 1st, the Notice containing these land use restrictions remains recorded at the Wayne 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. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR 6 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 Wayne 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: _________________