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Home My WebLink About11026_Syncot Fibers_LURUModel_2009_09_23 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Syncot Fibers 2459 Wilkinson Blvd. Project #: County: 11026-07-60 Mecklenburg 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 Brownfields Property other than for commercial office and showroom space. For purposes of this restriction, the following definitions apply: a.“Commercial office” refers to a place where private business or professional services are conducted or rendered, and where files and office materials may be kept. b.“Showroom” refers to an area where merchandise not precluded by Land Use Restriction No. 6 below is displayed for public viewing. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:No activities that encounter, expose, remove or use surface water or groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose water) may occur on the Brownfields Property 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 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: ______________________________________________________________ Syncot Fibers (11026-07-60) LUR Update LUR 3:Soil on the Brownfields Property 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, except in what are deemed, subject to later DEQ review, emergencies, when notice shall be given as soon as practicable but no later than 24 hours after the purported emergency is discovered, and except in connection with mowing and pruning of above-ground vegetation, and surface landscaping and planting. Prior to or while soil is disturbed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines renders the Brownfields Property unsuitable for the uses specified in LUR 1 above, that DEQ 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 DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, or treated in situ in accordance with a plan approved in writing in advance by DEQ, and any other actions that DEQ reasonably 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 to render the Brownfields Property suitable for said uses. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, or would not likely pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, treated in situ, or covered with an impervious or hard pervious surface, to the written satisfaction of DEQ. If treatment is chosen, it shall occur in conformance with procedures approved in writing in advance and afterwards by DEQ. If covering the soil is chosen, said cover shall be maintained to DEQ’s satisfaction. If removal and disposal is chosen, information that meets with DEQ’s written satisfaction regarding the transportation and disposition of such soil shall be supplied in a written report to DEQ within 90 days following removal. For purposes of the Brownfields Agreement (“Agreement”), the following definitions apply: a.“Impervious surface” means any structure or groundcover consisting of asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other natural or man-made material that prevents the absorption of surface water into the soil. b.“Hard pervious surface” means any structure or groundcover that allows absorption of surface water into the soil, but has a hard surface formed or cast in place that protects land users from exposure to any contaminants in the soil. Pervious concrete and pervious tennis court materials are examples. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4: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 Out of compliance ☐☐ Remarks: ______________________________________________________________ Syncot Fibers (11026-07-60) LUR Update LUR 5:No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A or B of the Notice of Brownfields Property (“Notice”), 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: ______________________________________________________________ LUR 7: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: ______________________________________________________________ LUR 8:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Brownfields Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Syncot Fibers (11026-07-60) LUR Update LUR 10:The Brownfields Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The owner of any portion of the Brownfields 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 12:No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued 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: ______________________________________________________________ LUR 13:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized st LURU to DEQ certifying that, as of said January 1, the Notice containing these LURs remains recorded at the Mecklenburg County Register of Deeds office and that the LURs 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 Brownfields Property during the previous calendar year. Insert information: ______________________________________________________________ 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 Brownfields Property during the previous calendar year. Insert information: ______________________________________________________________ Alternatively, a property owners’ association may perform the duties stated in LUR 13 on behalf of some or all owners of the Brownfields Property, if said association or entity has accepted Syncot Fibers (11026-07-60) LUR Update responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes, at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted. 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 County Register \[Enter County\] 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 MECKLENBURG 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: _________________