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Home My WebLink About11040_Avery Dennison_LURUModel_2010_11_19 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Avery Dennison 2305 Soabar Street Project #: County: 11040-07-41 Guilford 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Brownfields Property other than for light manufacturing, warehousing, office and related parking purposes. Within the meaning of this restriction, the following definitions apply: a.“Light Manufacturing” refers to the assembly, fabrication or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the property where such assembly, fabrication or processing occurs, where such processes are housed entirely within a building and where the area occupied by the outdoor storage of goods and material used in such processes does not exceed 25 percent of the floor area of all the buildings on the property. No process water or wastewater generated may be discharged other than to a Publicly Owned Treatment Works. b.“Warehousing” refers to the storage and distribution of goods. c.“Office” refers to the rendering of business or professional services. d.“Parking” refers to the temporary accommodation of motor vehicles in an area designed and designated for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:No activities that remove, use or may encounter groundwater or surface water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that may encounter water) may occur at the Brownfields Property without prior sampling and analysis of the subject water to the written satisfaction of the Avery Dennison (11040-07-41) LUR Update Department of Environmental Quality (“DEQ”) in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written 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: ______________________________________________________________ LUR 3:Any stained or odorous soil on the Brownfields Property shall be reported in writing, if only by email, to the official referenced in subparagraph 32.a. of the Brownfields Agreement (“Agreement”) within 24 hours of discovery, and no soil may be disturbed pending a DEQ determination as to the subject soil. In connection therewith, DEQ may require soil sampling and, if the sampling results cause DEQ concern as to the Brownfields Property’s suitability for the uses specified in LUR 1 above and concern as to whether public health and the environment are fully protected, soil may only be disturbed in compliance with any conditions DEQ imposes to eliminate said concerns. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances . In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A and B of the Notice of Brownfields Avery Dennison (11040-07-41) LUR Update Property (“Notice”), may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Brownfields Property may not be used as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Brownfields Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Brownfields Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The owner of any portion of the Brownfields Property where any existing or later DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. Avery Dennison (11040-07-41) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12: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: ______________________________________________________________ LUR 13:With the exception of buildings that are not enclosed (for example, an open parking garage), no building may be constructed east of the line designated “CONSTRUCTION REGULATED EAST OF THIS LINE,” on the plat component of the Notice (which line lies 50 feet west of the center of the Brownfields Property’s drainage channel), until Prospective Developer: a.installs a vapor barrier system and/or mechanical or passive vapor mitigation system approved in writing by DEQ in advance, and submits to DEQ certification of proper installation under seal of a professional engineer licensed in North Carolina as well as photographs illustrating the installation and a brief narrative describing it; or b.prepares an assessment of the risk posed by soil gas to potential users of the building that demonstrates to DEQ’s written satisfaction that neither a vapor barrier nor mitigation system is required. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 14:During January of each year after the year in which the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Guilford County, certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford County Register of Deeds office and that the land use restrictions are being complied with, and stating: a.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 Brownfields Property during the previous calendar year. ______________________________________________________________ Avery Dennison (11040-07-41) LUR Update b.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 Brownfields 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 County Register \[Enter County\] 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 GUILFORD 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: _________________