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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
Carolina Production Finishing 105 Fairview Road
Project #: County:
01003-97-011 Buncombe
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
LUR 1: Groundwater shall not be used on the Brownfields Property for any purpose, either
for human consumption or ornamental use such as fountains or ponds. Other than monitoring wells
on the Brownfields Property for further study of groundwater, no wells shall be installed on the
Brownfields Property.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 2: Property use shall be restricted to warehousing, office and light industrial use. The
Brownfields Property shall not be used for residential purposes, recreation purposes such as
playgrounds or ball fields, or as a child day care facility.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 3: No basements will be constructed on the Brownfields Property.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 4: The capped former wastewater pretreatment pit area (“Pit Area”) near the
southeast corner of the main building (now backfilled and capped), formerly evidencing chromium
Carolina Production Finishing (#01003-97-011) LUR Update
and cyanide, shall not be excavated, except in conformity with 7.b.v of the Brownfields
Agreement. Regular inspections will be conducted of this cap area by any owner of the
Brownfields Property, (pursuant to N.C.G.S § 130A-310.35(f), and any breaks or cracks in the
concrete cap will be repaired by the owner of the Brownfields Property. The owner of the Property
shall maintain the existing approximately 25,000 square foot - brick structure in good repair.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5: In the event of any excavation in the following areas, the owner of the Brownfields
Property shall, per US EPA Standard Operating Procedures (SOP), sample excavated soil and
analyze it for total and TCLP metals, and volatile organic compounds:
Pit Area
Underneath the existing building (e.g., if it is demolished), and
Area B-3 at 10’ depth or Area B-5 at 5’ depth.
The owner of the Brownfields Property shall provide notice of the excavation and
analytical results to the Department of Environmental Quality (“DEQ”). The owner of the
Brownfields Property shall comply with applicable laws regarding sampling and disposal of
excavated soil and prevention of exposure of workers to contaminated soil.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 6: Within seven (7) days of each anniversary of the effective date of the Agreement,
the owner of each portion of the Property shall submit a notarized Land Use Restrictions Update
to DEQ certifying that the Notice of Brownfields Property remains recorded at the Buncombe
County Register of Deeds’ Office, and that the land use restrictions herein 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 Buncombe 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: __________________
Carolina Production Finishing (#01003-97-011) LUR Update
\[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\]
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: _________________