04017_Burlington Mills_LURU Certifications_20110711

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CERTIFICATIONS
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Brown fields Project#: 04017-00-19
Brownfields Property: Burlington Mills, 476 S. Main Street Mooresville, NC 28115
Property Owner (In whole or part): Concord Property Development LLC
LAND USE RESTRICTIONS ("LUR") UPDATE
LUR I: No water supply wells may be installed or used at the Brownfields Property.
In compliance X Out of compliance __
Remarks: None
LUR 2: No mining activities may ~e conducted on or under the Brownfields Property.
In compliance X Out of compliance __
Remarks: None
LUR 3: No activities which result in direct exposure to or removal of groundwater (for example,
construction or excavation activities which encounter or expose groundwater) may be conducted on the
Brownfield Property without prior sampling and analysis of the groundwater in the area where such
activities are to be conducted, submittal of the analytical results to the Department of Environmental and
Natural Resources ("DENR") or its successors in function in along with plans and procedures to protect
human health and the environmental during those activities, and approval of these activities by DENR or its
successor in function.
In compliance X Out of compliance __
Remarks: None
LUR 4: No basements and no fountains, ponds, lakes, swimming pools or other items which are supplied,
in whole or in part, by groundwater may be constructed on the Browntields Property.
In compliance X Out of compliance __
Remarks: None
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LUR 5: The compounds Chloroform, 1,2-Dichloroethene, and Tetrachloroethene, may not be used,
warehouse or otherwise stored at the Brown fields Property, without prior approval of DENR, which
approval shall not be required for those compounds in de minimis amounts for cleaning and other routine
housekeeping activities.
In compliance X Out of compliance ·--
Remarks: None
LUR 6: Within seven (7} days of each anniversary of the effective date ofBrownfields Agreement
("Agreement"}, the owner(s) of each portion of the Brown fields Property, or another entity approved by
DENR shall submit a notarized Land Use Restriction Update to DENR certifying that the Notice of
Brown fields Property remains recorded at the Iredell County of Deeds' office, and land use restrictions are
being complied with.
In compliance X Out of compliance __
Remarks: None
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that this
Notice remains recorded at the Iredell County Register of Deeds' office and that the Land Use Restrictions
are being complied with.
This Land Use Restrictions Update is certified by Concord Property Development LLC, OWNER OF THE
Brown fields Property.
Signature:
Printed Name:
Date: ()~(fl
·w~~ ~ JENNV RODRIGUEZ . -..
Notary Public, State of New Vorl<
Quallftod In Brcnx County
Reg. No. 01R06140554
,_ MyCommialon El<plrea02-27·2014
+(o'
•
July 30, 2010
NC Brownfields Program
401 Oberlin Road Suite 150
Raleigh, NC 27605
Re: Burlington Mills
Project# 04017-00-19
Dear Sir or Madam,
•
We purchased the above Brownfield Property in December 2009, we are not doing any
constructional changes on the property other upgrading the existing buildings and later on
we will do some landscaping work and bring new soil. We are in full compliance with all
the requirements outlined in the Brownfields Agreement. We are planning to use the
property as a Home Furnishing retail center that will also have a restaurant and museum,
with almost no changes done to the existing structures.
Enclosed you will find the copy of the original Brownfields Notice filed by Cherokee
Mooresville LLC from whom we purchased the property, deed transfer to us and Land
Use Restrictions Update. (LUR)
Due to oversight on our side we delayed filing the LUR update couple of weeks; I hope
this doesn't create any problem on your side.
George Bulat
Concord Property Development LLC
295 Fifth Ave. Suite 1503
New York, NY 10016
• •
Brownfields Project#: 04017-00-19
Brownfields Property: Burlington Mills, 4 76 S. Main Street Mooresville, NC 28115
Property Owner (In whole or part): Concord Property Development LLC
LAND USE RESTRICTIONS ("LUR") UPDATE
LUR I: No water supply wells may be installed or used at the Brown fields Property.
In compliance X Out of compliance __
Remarks: None
LUR 2: No mining activities may be conducted on or under the Brownfields Property.
In compliance X Out of compliance __
Remarks: None
LUR 3: No activities which result in direct exposure to or removal of groundwater (for example,
construction or excavation activities which encounter or expose groundwater) may be conducted on the
Brownfield Property without prior sampling and analysis of the groundwater in the area where such
activities are to be conducted, submittal of the analytical results to the Department of Environmental and
Natural Resources ("DENR") or its successors in function in along with plans and procedures to protect
human health and the environmental during those activities, and approval of these activities by DENR or its
successor in function.
In compliance X Out of compliance __
Remarks: None
LUR 4: No basements and no fountains, ponds, lakes, swimming pools or other items which are supplied,
in whole or in part, by groundwater may be constructed on the Brownfields Property.
In compliance X Out of compliance __
Remarks: None
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,· • •
LUR 5: The compounds Chloroform, I ,2-Dichloroethene, and Tetrachloroethene, may not be used,
warehouse or otherwise stored at the Brownfields Property, without prior approval of DENR, which
approval shall not be required for those compounds in de minimis amounts for cleaning and other routine
housekeeping activities.
In compliance X Out of compliance __
Remarks: None
LUR 6: Within seven (7) days of each anniversary of the effective date ofBrownfields Agreement
("Agreement"), the owner(s) of each portion of the Brownfields Property, or another entity approved by
DENR shall submit a notarized Land Use Restriction Update to DENR certifying that the Notice of
Brownfields Property remains recorded at the Iredell County of Deeds' office, and land use restrictions are
being complied with.
In compliance X Out of compliance __
Remarks: None
Notarized signing and submittal ofthis Land Use Restrictions Update constitutes certification that this
Notice remains recorded at the Iredell County Register of Deeds' office and that the Land Use Restrictions
are being complied with.
This Land Use Restrictions Update is certified by Concord Property Development LLC, OWNER OF THE
Brownfields Property.
Concord Property Development LLC.
Signature:
Printed Name:
Date:
_,__/4 t/:
NOTARY PUBLIC, STATE Of NEW YORK
NO. 02G061~491g
t.IY COMMISSION EX1'11'1ES li I ill' I
rf,qc)oll
• • (Page 1 of 7) . . .
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Excise Tax: $1,000.00
. ·l~iiiUIII~Imlii!~lmiml~lll~mlll~f
Doo lD: 612779988667 Type: CRP
Kind: DEED Recorded: 12/22/2869 at 11:57:38 ~ Foe Amt: •1.837.89 PaQt I of 7 Rev•n~• Tax: tt.eee.Be lredoll Countl, NC Brenda D. Bel Ae~1ster of Deed•
8K2042 P01691·1697
Tax Parcel Numbers 465!!-!!9il304, 4856 9114434, 4656.Q!!-7898 and 485!H!!!-2881
This Instrument was prepared by: Barbara R. CMsty, Esquire
E"tUBN !.0. C.N. DeHart, Esq. Schell Bray Aycock Abel & Livingston PUC lafllnCo 'T!iakllbiiiV P. 0. Box 21847, Greensboro, NC 27420
P.O. DraWtlr UOil8 .
Wlnllton•BAiorn, NQ II'P1~A'M1cAROUNA SPECIAL WARRANTY DEED
THIS DEED made thls __ day of ____ ~ 20_, by and batwee11
GRANTOR
CHEROKEE MOORESVILLE, LLC,
a DDIIWire RmltDd Hablllty company
Address:
111 East Hargett Street
Sulle300
Raleigh, North Csroflna 27601
GRANTEE
CONCORD PROPERTY DEVELOPMENT,
l.LC a North Carolina llmltad liability
company
Addre88:
295 Fifth Avenue, Suite #1503
New York, NY 10018
The designation Gnentor and Grantee ae used herein shall lncluda said parties, their heirs,
successors and assigns, and shall include singular, plural, mascullr~e, feminine or neuter as
required by context.
WITNESSETH:
That Grantor, for a valuable consideration paid by Grantee, the receipt and sufllclency of
which Is hereby acknowledged, has and by lhasa presents does grant, bargain, sell and convey
unto Grantee In fee simple, all that certain lot or parcel of land situated In Iredell County, North
Carolina, and mora particularly described as fDIIDWII:
See Exhibit • N elteched herato and Incorporated herein.as follows:
Special Wart1111)' Deed liom Cherola>e Moorosvillo LLC.DOC
Book: 2042 Page: 1691 Page 1 of 7
Book 2042. PAae 1691, rue NUmber
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The property which is the subject of this instrument Is classllled as a Brownfllllds
Property under the Brownfield& Property Reuse Act and Is subject to the Brownfield& Agreement
attached as Exhibit A to the Nptlce of Brownllelds Property recorded in the Iredell County land
records, Book 1567, Page 280.
This property Is· not the primary residence of the Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and aD privileges and
appurtenances thereto belonging to Grantee in fee simple.
And Grantor covenants wHh Grantee that Grantor has done nothing to impair such Iitie
as Grantor received, and Grantor will warrant and def!lnd the IIUe against the lawful claims of all
persons claiming by, under or through Grantor, other than the following excej:ltions: all matters
set forth in Sched4le B attached hereto:
IN WITNESS WHEREOF, Grantor has caused this Instrument to be duly executed and
delivered, the day and year first above written.
CHEROKEE MOORESVILLE,' LLC
By:··~
Name Brat Batchelder '
Tdle VIce-President
Book: 2042 Page: 1691 Page 2 of 7
Bo~k 2042. Pa~ 1691, rile Number
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STATE OFfforJ.k Clroli~
COUNTY OF I»~
I celtlfy that the following person(s) personally appeared before me this dey, eai:l1
acknowledging to me that he or shs signed the foregoing document.
fy~ tj~gJd
(Name of Pnon Appearing before Notary Public)·
..,....., _ _.,.._~.~wJ4
Notary's Offldal Signature
IRENE M. SHERMAN, NOTARY PUBUC
Notary's Printed or Typed Naij
My commission expires:. :.llll-tl.IL.hJU-ol3:..._ __ _ -I
3
Book: 2042 Page: 1691 Page 3 of 7 Boot: 2042. Pace 16~1. rile NUmller
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EXHIBIT 'A'
TRACT ONE:
BEGINNING at an unmarked point, being the point of intersection of the South right-of-
way line of South Main Street and the East right-of-way fine of East Brawley Avenue; thence
with the South right-of-way line of South Main Street the following three (3) coumes and
distances: (1) N 45-30-38 E 1,154.69feetto an unmarked point, thence (2) S 44-23-53 E 2.71
feet to an iron pin sel; thence (3) N 45-18-14 E 571.31 feet to an unmarked point at the
intemeclion of the South right-of-way line of South Main Street and the West right-of-way line of
College Street, said point being located S 08-51-37 E 31.80 feet from a PK nail set In the
Intersection of the centerllnss of South Main Slreet and College Street, said PK nail being
located S 3~ W 228.41 feet from North Cerofina Geodetic Survey concrete survey
monument 'QUICK' which has coordinates of North= 670,363.213 feet and East=
1,459,360. 730 feet; thence with the West right-of-way line of College StreetS 43-3342 E
524·.57 feet to an unmarked point at the intersection of the West right-of-way line of College
Str'eet and the Nor1h right-of-way line of South Church Street, said point being located N 87-37-
10W29.86 feel from a PK nail set in the intersection of the centerllnss of College Street and
South Church Street, thence with the North right-of-way line of South Church StreetS 45-07-11 .
W 164.51 feet to an unmarked point at the intersection of the North right-of-way line of South
Church Street and the West right-of-way fine of a 20 feet wide alley known as Pond Street in
the Mooresville Mils Village as recorded In Plat Book 4 at Page 29G; thence with the West
right-of-way line of the said alley known as Pond StreetS 43-22-08 E 461.61 feet to an flOn pin
set in the rear line of Lol14 in the Mooresville Mills Village as recorded in Plat Book 4 at Page
29G, said Lot 14 being the property of Dwana S. Garris as described in Deed Book 1042 at
Page 709; thence wHh the West lines of lots 14, 15, 16, 17, and 18 in the Mooresville Mills
Vdlege S 1()..21-52 W 312.86 feel to an existing concrete monument, the southwest comer of
Lot 18 end the northwest comer of Lot 19 In the Mooresville Mills VIllage, said concrete
monument being located N 8()..37-10 W 123.11 feet from an existing Iron pin on the West right-
of-way line of College Street; thence wHh the West line of Lot 19 In the MooresYille Mills Village
S 09-09-24 E 67.48 feat to an existing concrete monument, said concrete monument being the
southwest comer of Lot 19 and the northwaet corner of Lot 20 in the MooresvUie M~l& Village,
said Lot 19 being the property of Cemmar Enterprises, Inc. as described In Deed Book 882 at
Page 813; thence with the South line of Lot 1g and the North line of Lot 20 as recorded in Plat
Book4 at Page 29G S 80-37-10 E 106.30 feet to an iron pin seton the West right-of-way line
of CoDege Street, said iron pin being the southeast comer of Lot 19 and the northeast comer of
Lot 20 as recorded In Plat Book 4 at Page 29G; thence with the West right-of-way line of
CoDege Street S 08-30-06 W 66.71 feel to an existing iron pin, a control cornS!' and the
southeast comer of Lot 20 as recorded in Plat Book 4 at Page 29G; thence S 83-10-32 E 4.31
feat to an unmarked point at the back of the West curb on College Street; thence with the West
curb of College StreetS 0649-35 W 194.80 feet to an unmarked point on the West curb of
College Street; thence continuing with the West and North curb of CoDege Street a curve to the
right that has the following elements: curve length of 138.06 feet, radius of 132.00 feel, delta.
of 59-58-00 and a tangent length of 76.11 feet and a chord bearing and distance of S 3647-35
W 131.87 feet to an unmarked point on the North curb of College Street; thence continuing with
the North curb of College StreetS 6545-35 W 251.67 feat to an unmarked point on the North
curb of College Street; thence leaving the. North curb of College Street N 30-35-02 W 13.90
feet to an existing concrete monument the southeast comer of Lot 1 in the Mooresville Milia
Village as recorded in Plat Book 4 at Page 29G; thence with the South line of Lot 1 In the
4
Book: 2042 Page: 1691 Page 4 of 7
Book 2042. Paae 1691, File Number
• • (Paqe 5 ot 7) . .
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MooreSVtlle MDis Village as recorded in Plat Book 4 at Page29G S f!3.17-34 W 150.59feet1D
an unm311<ad point the southwast comer or Lot 1 In the Moores viDe MDis Village as recorded in
Plat Book 4 at Page 200 In the north right-of-way line of College Street and the East right-of-
way line of East Mills Avenue, said point baing locatad N 09-47-30 E 25.24 feat from a PK nail
set in the lnteraectlon or the centertinas or College Street and East Mills Avenue; thence with
tha East right-of-way line of East Mills Avenue N 18-09-01 W 81.00 feat to an iron pin sat the
northWest comar of Lot 1 and the southwest comer of Lot 2 In tha MooresviUa Mills Village as
recorded in Plat Book 4 at Page 29G, said Lot 2 being the property or James L. Morrow as
deflcr1bad In Deed Book 950 at Page 1766; thence with the South line of Lot 2 N 71-SD-59 E
138.00 feet to an Iran pin set the north~st corner of Lot 1 and the southeast corner or Lot 2 In
the Mooresville Mille VIDage as recorded In Plat Book 4 at Page 29G; thance With the East lnea
of loll 2, 3, and 4 In the Mooresville M111s Village as recorded in Plat Book 4 at Page 29G N
31).35.02 W 237.20 feet to an Iron pin sat a comer of Lot 4, said Lot 4 baing the property of
Ions A. Potts as described in Dead Book 313 at Page 347; thence continuing With the line of
Lot 4 S 59-25-CO W 9.60 feet to an Iron pin set a corner of Lot 4; thence With tha East Ones of
LDII4, 5 and Sin the Moaresvlne Mils Village as recorded In Plat Book 4 at Page 200 N 24-
43-51 W 152.26 feat to en iron pin set a comer of Lot Sin the Mooresville Mill& Village as
recordad in Plat Book 4 at Page29G, aald Lot e being the property or Mabel B. ,Wright as
described in Deed Book 252 at Page 46; thence continuing with the East line of Lot S N 60-39-
03 W 91.00 feat to an existing concrete monument, the North comer of Lot Sin the East right-
of-way line of East Mills Avenue In the MooresVIlle Mills Village as recorded in Plat Book 4 at
Page 29G; thence with the East right-of-way One of East MIUs Avenue N 18-3()..11 W 44.50 feel
to an Unllllllfced point at the Intersection of the East right-of-way line of East Mills Avenue and
the North right-of-way line or Summar street in the MoorasviUe Mills Village as recorded In Plat
Book 4 at Page 29G; thence with the North right-of-way line or Summer Street the foRowlng two
(2) courses and dlstancas: (1) S 81-18-29 W 126.17 feat to an unmarked point on the North
right-of-way line or Summer Stl8el, end (2) s 50.c845 W 765.31 feel to an existing railroad
spike at the Intersection of the North right-of-way One of Summer Street and tha East right-of-
way line of East Brawley Avenue, said ra~road spike being located N 07-58-56 E 28.sg feet
from a PK nail set at the lntarsactfon of the centertlnes of Summer Street and East Brawley
Avenue; thence with the East right-of-way line of East Brewtay Avenue the following three (3)
coursas and distances: (1) N 41-43-12 W 256.50 feat to an unmarkad point at the interseclion
of the Eail right-of-way line of East Brawley Avenue and the South right-of-way line or Spruce
Street extended, (2) N 47-29-10 W 40.04 feet to an iron pin set at theintarsection of tha East
right-of-way line of East Brawley Avenue and the North right-of-way fine of Spruce Street
extendad, and (3) N 41-54-42 W 398.28 feet to tha point and placa or BEGINNING containing
38.304 acres. Shown as described on that certain survey map dated December 05, 2000,
entitled "2000 AL T NACSM Survey for Burlington Industries, Inc. -Mooresville Plant, Coddle
Creak Township, Iredell County, North Carolina' by Gerald V. Grant &Assoclates-GeraldV.
Grant NC PLS #L-1593. 115 South canter Street, Statesville, NC 28687.
Being all of Parcell -Plant SHe as described in a dead from Burlington lndus!T1es, Inc. to
Burlington Fabrice Inc. dated September 3, 1987, and recorded In Dead Book 754 at Page 735,
which Includes an or Lot 1 In the MooreavHla MUis Village as recorded In Plat Book 4 at
Page 29G, and as desaibad In a dead from W. H. Westmoreland and wife, Elizabeth G.
Westmoreland, to Burlington Industries, Inc. dated September 1, 1959, and recorded in Deed
Book 321 at Page 524.
s
Book: 2042 Page: 1691 Page 5 of 7
Book 2042. Paae 16!11. rue B'UIDJ:)er
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Being all of 1hat property conveyed to Cherokee Mooresville, LLC by deed dated June 1, 2001
and reCorded In Book 1293 at Page 1943, lredeU County ReglstJy.
TRACT TWO;
BEING all of Lot No. 6 In Block A of Map No. B of the Mooresville MiH Village Property, as
shown on map recorded in Plat .Book No. 4, Page 29 et seq., in the office of the Register of
Deeds of Iredell County, North·Caronna and being House No. 74 on MiUs Avenue In the Town of
Molirasvllle.
Being all of that proparty conveyed to Cherokee Mooresvtlle, LLC by deed dated October 10,
2006, and recorded in Book 1791, Page 1003, Jreden County RegistJy.
6
Book: 2042 Page: 1691 Page 6 of 7
Book 2042. Paae 1691, r~c Numbc~
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EXHIBIT 'B"
PenniiiBd Exceptions
1. Leases with Duke Powar Company I'IICOided in Book ~26. page 142; Book 314, Page 414; Book
315, Page 130; and Book 316, Page 430, lredel County Reglsler of Deeds.
2. Easement( a) and/or Rlght(s) of wsy ID Duke Power Company, recorded In Book 285, Page 127,
Iredell County Reglsll!r of Deeds.
3. General PermR ID Southern Bell Telephone and Telegraph Company, recorded Iii Book 315,
Page 7, lradell County Register of Deeds.
4. Sewer easement to the Town or Mooresville, recorded In Book 3-44, Page 12. Iredell County
Register of Oeeda.
5. Notice of Brownflelds Pr:operty as recorded in Book 1567, Page 280 of lhe Iredell County Register
of Deeds, as amended In· Book· Page or the Iredell County Register of Deeds ..
6. Mattera the! would be disclosed by a survey of lhe property.
7
Book: 2042 Page: 1691 Page 7 of 7 Book 2042. Paae 1691. File HUmber
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• • (~ ALBERDINGK BOLEY, INC. 6008 High Point Road, Greensboro NC 27407, USA • 336.454.5000 • Fax [phone] •
February 24, 2010
Mr. Tony Duque
North Carolina Department of Environment and Natural Resources
Brownfields Program
401 Oberlin Road
Suite 150
Raleigh, NC 27605
SUBJECT: Brownfields Agreement LURU Annual Compliance Notification
Alberdingk Boley Inc
6008 High Point Road
Greensboro, NC 27 407
Brownfields Program,
This letter and attachment certifies the compliance with the Land Use Restriction
Update (LURU) for the site owned by Alberdingk Boley Inc at 6008 High Point
Road, Greensboro, North Carolina 27407. The Notice of Brownfields Property
remains recorded at the Guilford County Register of Deeds.
Thank you for your attention.
Sincerely,
Alexander M. Snage
Vice President Site Operations
/attachment
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Brownfields Project#: 06005-02-41
Brownfields Property: Burlington-Jamestown
Property Owner: Alberdingk Boley, Inc.
•
LAND USE RESTRICTIONS ("LUR") UPDATE
LUR I: No use may be made of the Brownfields Property other than for an industrial
facility for the manufacture of polyurethane and polyacrylate emulsions without the prior
approval of the Department of Environment and Natural Resources ("DENR").
In compliance _X_ Out of compliance __
RemMks: ------------------------------------------------------
LUR 2: Surface water and groundwater at the Brownfields Property may not be used for
any purpose without the approval of DENR.
In compliance _X_ Out of compliance __
Remarks: ------------------------------------------------------
LUR 3: 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 without prior sampling and analysis of groundwater to the satisfaction of DENR or its
successor in function in any Meas proposed for such activities, and submittal of the analytical
results to DENR or its successor in function. If such results disclose to DENR or its successor in
function contamination in excess of North CMolina=s groundwater quality standMds, the
proposed activities may not occur without the approval of DENR or its successor in function on
such conditions as DENR or its successor in function imposes, including at a minimum legal
approval of plans and procedures to protect public health and the environment during the
proposed activities;
In compliance _X_ Out of compliance __
RemMks: -------------------------------------------------------
• • •
LUR 4: Soil underlying paved surfaces and buildings at the Brownfields Property may
not be exposed without prior sampling and analysis of such soil to the satisfaction of DENR or
its successor in function, and submittal of the analytical results to DENR or .its succ~ssor in
function. If such results disclose contamination in excess of the applicable stanoards as
determined by DENR or its successor in function, the soil may not be exposed without the
approval of DENR or its successor in function on such conditions as DENR or its successor in
function imposes, including at a minimum legally approved plans and procedures to protect
public health and the environment during the activities that would expose such soil;
In compliance _X_ Out of compliance __
Remarks:
LUR 5: Soil not previously sampled for contaminants may not be exposed without a
minimum of five (5) business days advance written notice to DENR or its successor in function.
At the time such soil is exposed, DENR or its successor in function may inspect and sample, or
require sampling of; ·the exposed·soilfor contaminants:·-If·soi!·contamination is discovered ·that
DENR or its successor in function determines would likely contaminate groundwater even if
capped, or that may pose an imminent threat to public health or the environment if exposed, as
much soil as DENR or its successor in function requires shall be removed and disposed of in
accordance with applicable law, and any other actions that DENR or its successor in function
requires to make the Brownfields Property suitable for the uses specified in this Agreement while
fully protecting public health and the environment shall be taken. If soil contamination is
discovered that DENR or its successor in function determines would not contaminate
groundwater if capped, or pose an imminent threat to public health or the environment if
exposed, as much soil as DENR or its successor in function requires shall be removed and
disposed of in accordance with applicable law or capped to the satisfaction of DENR or its
successor in function.
In compliance _X_ Out of compliance __
Remarks:
• •
LUR 6: Soil, landscaping and contours at the Brownfields Property may not be
disturbed without the approval of DENR, except for mowing and pruning of above-ground
vegetation.
In compliance ~X_ Out of compliance __
Rem~ks: ---------------------------------------------------
LUR 7: No mining may be conducted on or under the Brownfields Property, including,
without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances.
In compliance _X_ Out of compliance __
Rem~ks: ---------------------------------------------
LUR 8: No b~emen!s l!lllY)e ~~!!~~.!'~on t_hll Bro~llld.s Pro.Perty unless they ~e,
as determined by DENR, vented in conformance with applicable building codes.
In compliance _X_ Out of compliance __
Rem~ks: -------------------------------------------
LUR 9: None of the contaminants known to be present in the environmental media at
the Brownfields Property, including those listed in the tables in p~agraphs (2)a. and b. of this
Notice, may be used or stored at the Property without the prior approval ofDENR, except in de
minimis amounts for cleaning and other routine housekeeping activities.
In compliance _X_ Out of compliance __
Rem~ks: ---------------------------------------------------
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LUR 10: The Brownfields Property may not be used for agriculture, grazing, timbering or
timber production.
In compliance _X_ Out of compliance __
RemMks: --------------------------------------------------------
LUR II: The Brownfields Property may not be used as a playground, or for child cMe
centers or schools.
In compliance __ X __ Out of compliance __
RemMks:
LUR 12: The Brownfields Property may not be used for kennels, private animal pens or
horse-riding.
In compliance __ X __ Out of compliance __
RemMks: -----------------------------------------------------
LUR 13: The Brownfields Property may not be used as a pMk or for sports of any kind,
including, but not limited to, golf, football, soccer and baseball, without the approval of DENR.
In compliance __ X __ Out of compliance __
Remarks: -----------------------------------------------------------
,, • •
LUR 14: During January of each year following recordation of this Notice, the then
current owner of any part of the Brownfields Property shall submit a notarized Land Use
Restrictions Update to DENR certifying that this Notice remains recorded at the Guilford County
Register of Deeds office, and that the land use restrictions are being complied with.
In compliance _X_ Out of compliance __
Remarks:
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification
that this Notice remains recorded at the _Guilford __ County Register of Deeds office and
that the Land Use Restrictions are being complied with.
This Land Use Restrictions Update is certified by _Alberdingk Boley Inc._, owner of the
Brownfields Property.
Name typed or printed of party making certification: _Alexander M. Snage __
Owner Representative: ,-?., _#
Signature of individual signing: ~ /" • ~z::...­
Name typed or printed: _Alexa~·-----~-------~'-
Title: _VP Site Operations ____________ _
· In the case of all owners:
Date: ~!zi/{a
By:~~~~~~~~~~
Name ed or printed: . nage
Title typed or printed: VP Site perations
'
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• • •
NORTH CAROLINA
Guilford COUNTY n •
I, ~jc:~tlt\1.1\ /Jr,.Jes ktJe{so11 , a Notary Public of tbe county and state ~oresaid,
certify that _Alexander M. SJ.Iage__ personally came before me this day and
acknowledged that he is the _Vice President of Site Operations, Alberdingk Boley, fuc., a North
Carolina corporation_, and thai by authority duly given and as the act of the corporation, tbe
foregoing Notice of Brownfields Property was signed in its name by its Vice President, Site
Operations.
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JatO
WITNESS my hand and official stamp or seal, this __Z_i_ day of ie.brvtA ff
My Commission expires: fo(!s(rolf
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Brownfields Project#: 04017-00-49
Brownfields Property: Burlington Mills, 476 South Main Street
Property Owner (In whole or part): Cherokee Mooresville, LLC
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LAND USE RESTRICTIONS ("LUR") UPDATE
LUR 1: No water supply wells may be installed or used at the Brownfields Property.
In compliance X Out of compliance
Remarks: ~N~o~ne~---------------------------------------------------------------
LUR 2: No mining activities may be conducted on or under the Brownfields Property.
In compliance X Out of compliance
Remarks: _N~on~e~------------------------------------------------------~--~---
LUR 3: No activities which result in direct exposure to or removal of groundwater (for example, construction or
excavation activities which encounter or expose groundwater) may be conducted on the Brownfields Property
without prior sampling and analysis of groundwater in the area where such activities are to be conducted,
submittal of the analytical results to the Department of Environmental and Natural Resources ("DENA") or its
successor in function along with plans and procedures to protect human health and the environment during
those activities, and approval of those activities by DENA or its successor in function.
In compliance X Out of compliance
Rema~s: _N~on~e~----------------~---------------------------------------------
LUR 4: No basements and no fountains, ponds, lakes, swimming pools or other items which are supplied, in
whole or in part, by groundwater may be constructed on the Brownfields Property.
In compliance X Out of compliance
Remarks: ~N~o~ne~------------------------------------~-------------------------
• •
LUR 5: The compounds Chloroform, 1 ,2-Dichloroethene, and Tetrachloroethane, may not be used,
warehoused or otherwise stored at the Brownfields Property, without prior approval of DENA, which approval
shall not be required for lhasa compounds in de minimis amounts for cleaning and for other routine
housekeeping activities.
In compliance X Out of compliance
Remarks: _N~on~e~---------------------------------------------------------------
LUR 6: Within seven (7) days of each anniversary of the effective date of the Brownfields Agreement
("Agreement"), the owner(s) of each portion of the Brownfields Property, or another entity approved by DENA,
shall submit a notarized Land Use Restriction Update to DENA certifying that the Notice of Brownfields
Property remains recorded at the Iredell County Register of Deeds' office, and that the land use restrictions are
being complied with.
In compliance X Out of compliance
Remarns: ~N~on~e~---------------------------------------------------------------
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that this Notice
remains recorded at the Iredell County Register of Deeds' office and that the Land Use Restrctions are being
complied with.
This Land Use Restrictions Update is certified by Cherokee Investment Services, Inc. under an agreement to
provide environmental-related management services, including the subject matter of this Land Use Restriction
Update, to Cherokee Mooresville, LLC, owner of at least part of the Brownflelds Property.
Cherokee Investment all of Cherokee Mooresville, LLC
Signature:
Printed Name:
Date
WAKE COUNTY, NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he
or she signed the foregoing document:
Officja/ Signature of Notarv
Signature: _,Lr.a...:IC.!!y-1-..!..-"'c~v-'S:_'--=..J.:.:cu..=-?t' ___ Notary Public
Printed Name: IC1I • :> t .:-,.., S . .J a..c ' -t-
Date: __ '1......:...) -"'-'· 1'-o_")-'--------· (Qfficiai,Seal)
My commission expires: 4 j I Z) zo i I . '
§ht:rt Llf i\llt-11tl c .. /rr.-...;....,. ~ ·
'lJ-'-h'l N"--ILL.--. . . ~ .
• )
Cherokee Mooresville, LLC
December 14, 2006
Tony Duque
. Brownfields Project Manager
Division of Waste Management·
North Carolina Department of Environment and Natural Resources
1646 Mail Service Center
Raleigh, NC 27699-1646
Subject: Cherokee Mooresville, LLC -Land Use Restrictions Update
Dear Mr. Duque:
On behalf of Cherokee Mooresville, LLC, the purpose of this letter is to certify that the Notice of
Brownfields Property containing the land use restrictions, as set forth for the Brownfield
Agreement for the former Burlington Mills site located at 476 South Main Street in Mooresville,
Iredell County, North Carolina, remains recorded at the Iredell County Register of Deeds' office,
and that the land use restrictions, which apply to the site, are being complied with.
Please let me know if you have any questions on this matter, and please feel free to call me at
743-2547.
Sincerely,
0f.:ft'7L---
Cherokee Mooresville, LLC
and subscribed before me this~ay oilJetLJrt/yy, 20&.
~'!:#~*~~?J;1.1.~~~NotaryPublic ~Aic!e$ S'-htrF .4/orrt~
t~:z 7-2M!
• )
Cherokee Moore
November 1, 2005
Tony Duque
Brownfields Project Manager
Division of Waste Management
North Carolina Department of Environment and Natural Resources
1646 Mail Service Center
Raleigh, NC 27699-1646
Subject: Cherokee Mooresville, LLC -Land Use Restrictions Update
Dear Mr. Duque:
On behalf of Cherokee Mooresville, LLC, the purpose of this letter is to certify that the land use
restrictions set forth above in the Brownfield Agreement for the former Burlington Mills site
located at 476 South Main Street in Mooresville, Iredell County, North Carolina, remains
recorded at the Iredell County Register of Deeds' office, and that the land use restrictions, which
. apply to the site, are being complied with.
Please let me know if you have any questions on this matter, and please feel free to call me at
743-2547.
Sincere! ,
1/_//vltt;d---
J n Gallagher, PE
Cherokee Mooresville, LLC
Sworn to and subscribed before me this /{}day of~200i"". c:f.•,.·41fW, Notory Pobli•
Y:ommission expires: "/. J-1-M~
(SEAL)