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Home My WebLink About13011_Kolortex Facility_LURUModel_2015_04_17 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Kolortex Facility 2900 Horseshoe Lane (Multiple) Project #: County: 13011-09-060 Mecklenburg 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 industrial. For purposes of this restriction, industrial is defined as the assembly, fabrication, storage, distribution, or processing of goods or materials, and related office functions. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environment and Natural Resources (“DENR”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:No activity that disturbs soil on the Brownfields Property in the "Area of Potential Soil Contamination" as delineated on the plat component of the Notice of Brownfields Property (“Notice”), may occur unless and until DENR states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DENR 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: mowing and pruning of above-ground vegetation; and, for emergency repair of underground infrastructure, provided that DENR shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DENR shall be taken. Kolortex (#13011-09-060) In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No building may be constructed on the Brownfields Property unless and until DENR determines in writing that: a.the building would be sufficiently distant from the Brownfields Property's groundwater and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or b.a plan for a vapor intrusion mitigation system, approved in writing by DENR in advance and including a proposed performance assessment for demonstration of the system's protection of the building's users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Exhibit 2 of the Notice, may be used or stored at the Brownfields Property without the prior written approval of DENR, except in de minimis amounts for: cleaning, other routine housekeeping, and vehicle maintenance and service in compliance with applicable law, though vehicle parts and tools may not be washed in solvents containing any contaminants known to be present in the environmental media at the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:The Brownfields Property may not be used for agriculture or grazing. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Kolortex (#13011-09-060) 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 DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DENR-approved monitoring well is damaged shall be responsible for repair of any such wells to DENR's written satisfaction and within a time period acceptable to DENR, unless compliance with this Land Use Restriction is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Neither DENR, 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 DENR, 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: ______________________________________________________________ LUR 10:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the chief public health and st environmental officials of Mecklenburg County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg 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 LUR U if said owner acquired any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ Kolortex (#13011-09-060) b.the transferee's name, mailing address, telephone and facsimile numbers, and contact person's email address, if said owner transferred any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ c.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 4 above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ 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 Mecklenburg 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: _________________