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Home My WebLink About10051_Proctor Property_LURUModel_2011_11_16NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Proctor Property Project #: 10051-06-066 Address: 4084 NC Hwy 186 County: Northampton 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 Brownfields Property other than for agricultural, agribusiness, and light and heavy industrial uses. For purposes of this restriction, the following definitions apply: “Heavy Industrial” refers to the assembly, fabrication, processing or storage of goods and materials using processes that have impacts that, while legally compliant, are greater than average on the environment, and may be significant for the use and enjoyment of adjacent property because of noise, smoke, fumes, vibration, dust, odors, glare, or health and safety hazards. “Agricultural” refers to the cultivation of soil, production of crops and raising of livestock and, in varying degrees, the preparation and marketing of the resulting products. “Agribusiness” refers to the manufacturing and distribution of farm equipment and supplies, and processing, storage, and distribution of farm commodities. The term includes stockyards, livestock markets, dairies, hatcheries, fish farms and forestry services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 90 days after the effective date of the Brownfields Agreement, Prospective Developer shall declare in writing to the Department of Environmental Quality (“DEQ”) which, if any, of the Brownfields Property’s above-ground storage tanks will not be used and shall clean and remove the others from the Brownfields Property in accordance with all applicable law. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A and 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: ______________________________________________________________ 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: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields 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 Northampton County, certifying that, as of said January 1st, the Notice remains recorded at the Northampton 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 Brownfields 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 Brownfields Property during the previous calendar year. ______________________________________________________________ ☐ 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 Northampton 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: _________________