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Home My WebLink About17008_Coastal Lumber Weldon_LURU Model_20171017NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Coastal Lumber - Weldon Project #: 17008-13-042 Address: 1772 Trueblood Road County: Halifax 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 Property other than for commercial/industrial purposes. Initial plans are to utilize the Property as a sawmill and dry kiln facility. For purposes of this restriction, the following definitions apply: “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee; and “Industrial” is defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for child care, adult care centers or schools without the prior written approval of the Department of Environmental Quality (“DEQ”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater at the Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activity that disturbs sediment contained within the retention pond located on the Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Property will be suitable for the uses specified in LUR No.1 above while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for kennels, private animal pens or horse-riding unless approved in writing in advance by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ, nor any party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit, order or agreement issued or entered into 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: ______________________________________________________________ Any deed or other instrument conveying an interest in the Property shall contain the following notice: “The Property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Halifax County land records, Book 2541, Page 56.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of the Brownfields Agreement (Exhibit A), though financial figures related to the conveyance may be redacted. Prospective Developer may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions) of the Brownfields Agreement (ExhibitA); or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV of the Brownfields Agreement (Exhibit A). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, as described in Exhibit 2 of the Brownfields Agreement (Exhibit A) and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Property, may be used or stored at the Property without the prior written approval of DEQ, except in de minimis quantities for cleaning and other routine housekeeping activities. ☐ 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 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 Halifax County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Halifax 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 Property during the previous calendar year; and ______________________________________________________________ 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 Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Halifax 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: _________________