23045_Acme Spinning Mill_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year Certification Made:2021Project:
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 office, industrial, warehousing, parking, and with prior written Department of Environmental Quality (“DEQ”) approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
“Office” defined as the provision of business or professional services.
“Industrial” defined as the assembly, fabrication, processing, warehousing or 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.
“Parking” defined as the temporary accommodation of motor vehicles in an area designed for same.
“Commercial” defined asan enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
In compliance Out of compliance
Remarks:
No use of the Brownfields Property’s northern parcel (Parcel No. 203503) other than for a small portion of the southeastern warehouse building, a storm water retention pond, or surface
parking, as depicted in the approved Environmental Management Plan outlined in LUR 5, shall occur until the then owner of the Brownfields Property conducts representative vapor intrusion
assessment of the parcel to DEQ’s written satisfaction, pursuant to a plan(s) approved in writing in advance by DEQ. If DEQ believes the results of said assessment indicates site contaminants
are present such that the resulting environmental risk of such contamination is unacceptable, the then owner of the Brownfields Property shall then mitigate such risk pursuant to a plan
approved in writing by DEQ and to DEQ’s satisfaction.
In compliance Out of compliance
Remarks:
The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ.
In compliance Out of compliance
Remarks:
The Brownfields Property may not be used for residential use without the prior written approval of DEQ.
In compliance Out of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ
in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment
activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property
during construction or redevelopment in any other form, including without limitation:
demolition of existing buildings, if applicable;
issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 4 of the Agreement;
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property
during redevelopment;
In compliance Out of compliance
Remarks:
Within 90 days after each one-year anniversary of the effective date of 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 DEQ approval on
environment-related activities since the last report, with a summary and drawings, that describes:
actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to
be contaminated with regulated substances; and
removal of any contaminated soil, water, or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests
shall be included).
In compliance Out of compliance
Remarks:
Groundwater and surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure

that the Brownfields Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. Should groundwater be encountered or exposed
during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in LUR 5, or a plan approved in writing in advance by DEQ.
In compliance Out 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 inches;
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 Environmental Management Plan (EMP) as outlined in LUR 5.
In compliance Out of compliance
Remarks:
No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing
by DEQ, of any area that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways of the Brownfields Property as delineated on the plat
component of the Notice of Brownfields Property referenced in paragraph 17 of the Agreement.
In compliance Out 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 EMP as outlined in LUR 5.
In compliance Out of compliance
Remarks:
No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced
in paragraph 17 below, may be occupied until DEQ determines in writing that:
the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved
in writing by DEQ; or
a vapor intrusion mitigation system (VIMS) has been:
designed to mitigate vapors for subgrade building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council
(ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that said design shall fully protect
public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a performance monitoring
plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and
installed and an installation report is submitted for written DEQ approval that includes details on any deviations from the system design, as-built diagrams, photographs, and a description
of the installation with said engineer’s professional seal confirming that the system was installed per the DEQ-approved design and will be protective of public health.
In compliance Out of compliance
Remarks:
Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields 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 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:
The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this LUR is waived in writing by DEQ
in advance.
In compliance Out of compliance
Remarks:
Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Gaston County land records, Book 5277, Page 676.” A copy of any such instrument shall be sent to the persons listed in
Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph:
(i) If every lease and rider is identical in form, the owner conveying an interest 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 XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases,
rather than full copies of said leases, to the persons listed in Section XVII.
In compliance Out of compliance
Remarks:
None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of the Agreement, and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval
of DEQ, except:
in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators;

as constituents of products and materials customarily used and stored inenvironments, provided such products and materials are stored in original retail packaging and used and disposed
of in accordance with applicable laws;
In compliance Out of compliance
Remarks:
During January of each year after the year in which the Notice referenced in paragraph 17 of the Agreement is recorded, the owner of any part of the Brownfields Property as of January
1stof that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Gaston County, certifying that, as
of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Gaston County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting
the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year;
the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner,or each of the owners on whose behalf a joint LURU is submitted, transferred
any part of the Brownfields Property during the previous calendar year.
In compliance Out of compliance
Remarks: Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at the County 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: