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Home My WebLink About07030_Cedar Creek_LURUModel_2010_11_09 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Cedar Creek 3468 Cedar Creek Road Project #: County: 07030-03-026 Cumberland 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Property other than for industrial purposes, subject to the other land use restrictions below. For purposes of this restriction, “industrial use” refers to the generation, assembly, fabrication, storage, transportation, management, processing or recycling of goods or materials using processes that may produce impacts on the environment such as noise, smoke, fumes, vibration, dust, odors, glare, emissions, discharges or health or safety hazards that, while within legal limits, occur outside of the building(s) where such processes occur. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:No activities that remove, use or may encounter groundwater or surface water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that may encounter water) without prior sampling and analysis of groundwater to the written satisfaction of the Department of Environmental Quality (“DEQ”) in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ reasonably imposes, including at a minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Cedar Creek (07030-03-26) LUR Update LUR 3:Soil, landscaping and contours at the Property may not be disturbed without the prior written approval of DEQ, except in connection with de minimis soil removals to depths not exceeding 18 inches, mowing and pruning of above-ground vegetation, and emergency repair of underground infrastructure. Provided, that DEQ shall be given written notice (if only by email) of any emergency repair of underground infrastructure 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: ______________________________________________________________ LUR 4:None of the contaminants known to be present in the environmental media at the Property, including those listed in paragraph 7 of 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: ______________________________________________________________ LUR 5:The 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: ______________________________________________________________ LUR 6:The Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Property may not be used for kennels, private animal pens or horse-riding. Cedar Creek (07030-03-26) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The owner of any portion of the Property where any existing or later 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: ______________________________________________________________ LUR 10:No party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit or order issued 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: ______________________________________________________________ LUR 11:During January of each year after the year in which the Notice referenced in paragraph 18 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 DEQ, and to the chief public health and environmental officials of Cumberland County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Cumberland County Register of Deeds office and that the land use restrictions are being complied with and stating: a.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. ______________________________________________________________ b.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. ______________________________________________________________ In compliance Out of compliance ☐☐ Cedar Creek (07030-03-26) LUR Update Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Cumberland 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 CUMBERLAND 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: _________________