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Home My WebLink About06001_Alamac American_LURU Model_20170913NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Alamac American Project #: 06001-02-078 Address: 1885 Alamac Road County: Robeson 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 Southern Property other than for light or heavy manufacturing. No use may be made of the Northern Property other than for light or heavy manufacturing, agribusiness or commercial use. For purposes of these restrictions, the following definitions apply: Commercial Use: An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. Agribusiness: The manufacture and distribution of farm equipment and supplies, or the processing, storage and distribution of farm commodities. Heavy Manufacturing: The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards, or that otherwise do not constitute light manufacturing; or any use where the area occupied by outdoor storage of goods and material used in the assembly, fabrication or processing exceeds 25 percent of the floor area of all buildings on the Brownfields Property. Light Manufacturing: The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health and safety hazards outside of the building or lot where such assembly, fabrication or processing takes place; where such processes are housed entirely within a building; or where the area occupied by outdoor storage of goods and material used in the assembly, fabrication or processing does not exceed 25 percent of the floor area of all buildings on the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Southern Property may not be used for any purpose without the approval of the Department of Environmental Quality (“DEQ”), except that underground water at the Southern Property may be pumped, stored and used as process water in the manufacture of textiles in accordance with a plan approved in writing in advance by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Notwithstanding LUR 2 above, 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 at the Southern Property without such prior sampling and analysis of groundwater as DEQ may require and submittal of the analytical results to DEQ. If analytical results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the 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: ______________________________________________________________ Soil, including soil underlying buildings and paved surfaces, in the area denominated “Area of Soil Contamination” on the plat component of the Notice may not be exposed without a minimum of ten (10) business days advance written notice to DEQ, which may choose to inspect, and may require screening or sampling for contamination in, the exposed soil. If screening or sampling results disclose contamination that may pose an unacceptable level of risk to public health and/or the environment as determined by DEQ, the soil may not be exposed without the approval of DEQ, or on such conditions as it imposes. Such conditions shall include, at a minimum, compliance with plans and procedures designed to protect public health and the environment during the activities that would expose such soil. If DEQ determines the exposed soil contains contamination that may pose an unacceptable risk to public health or the environment, then as much soil as DEQ requires shall be removed and disposed in accordance with applicable law, in addition to any other actions that DEQ requires, to make the Brownfields Property suitable for the uses specified in Land Use Restriction 1 above. Alternatively, if DEQ determines that such soil contamination would not pose an unacceptable risk to public health or the environment if capped, DEQ may require the soil contamination to be capped, with perpetual maintenance of the cap, to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Southern Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Southern Property unless they are, as determined by DEQ, vented in conformance with applicable building codes. ☐ 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 paragraph 7 of Exhibit A to the Notice of Brownfields Property, may be used or stored at the Brownfields Property without the prior approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Southern Property may not be used for agriculture, grazing, timbering or timber production. ☐ 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ In the event of an emergency on the Brownfields Property causing a critical need for immediate action to address a threat to public health or the environment or a threat to continued facility operations, soil and groundwater on the Brownfields Property may be exposed in contravention of Land Use Restrictions 2-4 above, provided DEQ is promptly notified on the next business day of the actions taken, in writing (if only by electronic mail) and by telephone, and all follow-up actions required by DEQ are taken. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ certifying that this Notice remains recorded at the Robeson County Register of Deeds’ office, and that the LURs are being complied with. ☐ 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 Robeson 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: _________________