17050_Surrett Drive_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2020Project:
Project Number:
Address:County:Property Owner (In part or whole)/Association:
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 or email:
NC Division of Waste Management
Attn: Brownfields Property Management Unit
1646 Mail Service Center
Raleigh, NC  27699-1646
[e-mail]
No use may be made of the Brownfields Property other than for industrial, warehousing, office, retail or, with the Department of Environmental Quality’s (“DEQ”) prior written approval,
other commercial uses. Forpurposes of this restriction, the following definitions apply:
Industrial defined as the assembly, fabrication, processing, warehousingor distribution of goods or materials;
Warehousing defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to
the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity;
Office defined as the provision of business or professional services;
Retail defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and beverage
products. For purposes of this agreement, this definition specifically excludes, and thereby prohibits, dry-cleaners using chlorinated or petroleum based solvents; and
Commercial defined as an enterprise carried on for profit or nonprofit by the owner, Jessee or licensee. For purposes of this agreement, this definition specificallyexcludes, and thereby
prohibits, dry-cleaners using chlorinated or petroleum based solvents.
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval ofDEQ.
In complianceOut of compliance
Remarks:
Unless compliance with this LUR is waived in writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example,
installation of water supply wells, ponds, Jakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property
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 Brownfields
Property will be suitable for the uses specified in LUR 1, above while fully protecting public health and the environment. Prior sampling and analysis of groundwater to the written satisfaction
of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ is required. If such results reflect contaminant concentrations that exceed the standards
and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions
DEQ imposes. Activities may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in LUR 1, above
while fully protecting public health and the environment.
In complianceOut of compliance
Remarks:
No activity that disturbs soil on the Brownfields 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 Brownfields Property will be suitable for the uses specified in LUR 1, above, while fully protecting public health and the
environment, except:
in connection with landscape planting to depths not exceeding 24”;
mowing and pruning of above-ground vegetation;
for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and
in connection to work conducted in accordance with a DEQ-approved EMP as outlined below in LUR 7.
In complianceOut of compliance
Remarks:
Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved Environmental Management Plan (“EMP”) as outlined below in LUR 7.
In complianceOut of compliance
Remarks:
No enclosed building, or additions to the existing building depicted on the platcomponent of the Notice of Brownfields Property, below, may beconstructed on the Brownfields Property
until DEQ determines in writing that:
the building or addition is or would be protective of the building'susers, public health and the environment from risk of vapor intrusion based on site assessmentdata or a site-specific
risk assessment approved in writing by DEQ; or
the building or addition is or would be sufficiently distant from theBrownfields Property's groundwater and/or soil contamination based on assessment dataapproved in writing by DEQ that
the building's users, public health and the environment will beprotected from risk from vapor intrusion related to said contamination; or
vapor intrusion mitigation measures are designed, installed, andimplemented in a manner that will fully protect public health to the satisfaction of a professionalengineer licensed in
North Carolina, as evidenced by said engineer's professional seal on a reportthat includes photographs and a description of the installation and performance of said measures,and to DEQ.
Any design specification for vapor intrusion mitigation measures shall be approvedin writing by DEQ in advance of installation and/or implementation of said measures. Thedesign specifications

shall include methodology(ies) for demonstrating performance of saidmeasures.
In complianceOut of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other thanin accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (andrevised to DEQ's written
satisfaction prior to each subsequent redevelopment phase) that isconsistent with all the other land use restrictions and describes redevelopment activities at theBrownfields Property,
the timing of redevelopment phases, and addresses health, safety andenvironmental issues that may arise from use of the Brownfields Property during construction orredevelopment in any
other form, including without limitation:
soil and water management issues, including without limitation thoseresulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced inparagraphs 7 and 8 of the Agreement or refer to Exhibit 2;
contingency plans for addressing, including without limitation thetesting of soil and groundwater, newly discovered potential sources of environmentalcontamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soilcontamination); and
plans for the proper characterization of, and, as necessary, disposal ofcontaminated soils excavated during redevelopment.
In complianceOut of compliance
Remarks:
No later than January 31 after each one-year anniversary of the effective dateof the Agreement for as long as physical redevelopment of the Brownfields Property continues(except that
the final deadline shall fall 90 days after the conclusion of physical redevelopment),the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQapproval
on environment-related activities since the last report, with a summary and drawings,that describes:
actions taken on the Brownfields Property in accordance with SectionV: Work to be Performed above;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling andlaboratory analysis of environmental media;
stockpiling, containerizing, decontaminating, treating, handling,laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspectedor confirmed to be
contaminated with regulated substances; and
removal of any contaminated soil, water or other contaminatedmaterials (for example, concrete, demolition debris) from the Brownfields Property (copies of alllegally required manifests
shall be included).
In complianceOut of compliance
Remarks:
Neither DEQ, nor any party conducting environmental assessment orremediation at the Brownfields Property at the direction of, or pursuant to a permit, order oragreement issued or entered
into by DEQ, may be denied access to the Brownfields Property forpurposes of conducting such assessment or remediation, which is to be conducted usingreasonable efforts to minimize interference
with authorized uses of the Brownfields Property.
In complianceOut of compliance
Remarks:
Any deed or other instrument conveying an interest in the Brownfields Propertyshall contain the following notice: “This property is subject to the Brownfields Agreementattached as Exhibit
A to the Notice ofBrownfields Property recorded in the Guilford Countyland records, Book 2520, Page 2576.” A copy of any such instrument shall be sent to thepersons listed in Section
XV (Notices and Submissions), though financial figures and otherconfidential information related to the conveyance may be redacted to the extent said redactionscomply with the confidentiality
and trade secret provisions of the North Carolina Public RecordsLaw. The owner may use the following mechanisms to comply with the obligations of thissubparagraph: (i) If every lease
and rider is identical in form, the owner conveying an interestmay provide DEQ with copies of a form lease or rider evidencing compliance with thissubparagraph, in lieu of sending copies
of actual, executed leases, to the persons listed in SectionXV (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts ofleases, rather than full copies
of said leases, to the persons listed in Section XV.
In complianceOut of compliance
Remarks:
None of the contaminants known to be present in the environmental media atthe Brownfields Property, as described in Exhibit 2 of the Agreement and as modified by DEQin writing if additional
contaminants in excess of applicable standards are discovered at theBrownfields Property, may be used or stored at the Brownfields Property without the priorwritten approval ofDEQ, except:
in de minimis quantities for cleaning and other routine housekeeping andmaintenance activities;
in fluids for vehicles or landscaping equipment;
as constituents of products and materials customarily used and storedin office, retail, restaurant, brewery or food production facility, parking, hotel, institutional,recreation, open
space, and multi-family residential environments, provided such products arestored in original retail packaging and used and disposed of in accordance with applicable laws;
as constituents of fuels, lubricants and oils in emergency generators,machinery, equipment and vehicles in on-board tanks integral to said equipment, or in flammableliquid storage containers
totaling no more than 25 gallons; or
in products or materials that are brought onto the Brownfields Property,kept in their original packaging or containers (that is, not used or repackaged) and later removedfrom the Brownfields
Property in the original packaging or containers.
In complianceOut of compliance
Remarks:
The owner of any portion of the Brownfields Property where any subsequentlyinstalled, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenantsshall be responsible
for repair of any such wells to DEQ's written satisfaction and within a timeperiod acceptable to DEQ, unless compliance with this LUR is waived in writingby DEQ in advance.
In complianceOut of compliance
Remarks:
During January of each year after the year in which the Notice ofBrownfieldsProperty is recorded, the owner of any part of the BrownfieldsProperty 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 GuilfordCounty, certifying that, as of said January 1st,
the Notice ofBrownfields Property containingthese land use restrictions remains recorded at the Guilford County Register of Deeds office andthat the land use restrictions are being complied
with. The submitted LURU shall state thefollowing:

the name, mailing address, telephone and facsimile numbers, and contactperson's e-mail address of the owner submitting the LURU if said owner acquired any part of theBrownfields Property
during the previous calendar year;
the transferee's name, mailing address, telephone and facsimilenumbers, and contact person's e-mail address, if said owner transferred any part of theBrownfields Property during the
previous calendar year;
whether any vapor barrier and/or mitigation systems installed pursuantto LUR 6 above are performing as designed, and whether the uses of the groundfloors of any buildings containing
such vapor barrier and/or mitigation systems have changed,and, if so, how.
In complianceOut of compliance
Remarks:
Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at theCounty Register of Deeds offices and that
the LURs are being complied with.
This LUR Update is certified by, the owner of at least part of the Brownfields Property, or if appropriate another entity on behalf of some or all owners, 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:
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 NotaryNotary’s printed or typed name, Notary Public(Official Seal)My commission
expires: