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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
Gastonia Poplar 1925 West Poplar Street
Project #: County:
15004-11-036 Gaston
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,
office, retail, and, if the Department of Environment and Natural Resources (“DENR”) issues prior
written approval, other commercial purposes. For purposes of this restriction, the following
definitions apply:
a."Industrial" refers to the assembly, fabrication, processing, warehousing, or
distribution of goods or materials.
b."Office" refers to the rendering of business or professional services.
c."Retail" refers to the sale of goods, products, or merchandise directly to the
consumer.
d."Commercial" refers to a business enterprise carried on for profit by the owner,
lessee, or licensee. Child care centers, adult care center, or schools are prohibited.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 2:No activities that encounter, expose, remove or use groundwater (for example,
installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or
excavation activities that encounter or expose groundwater) may occur on the Brownfields
Property 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.
In compliance Out of compliance
☐☐
Gastonia Poplar (#15004-11-036)
Remarks: ______________________________________________________________
LUR 3:None of the contaminants known to be present in the environmental media at the
Brownfields Property, including those appearing in the Brownfields Agreement (aka: Exhibit A to
the Notice of Brownfields Property) paragraph 8, may be used or stored at the Brownfields
Property without the prior written approval of DENR, except in de minimis amounts for cleaning
and other routine housekeeping activities.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 4: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 5:Neither DENR, 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 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 6: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 Gaston County, certifying that, as of said January 1, 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, and stating:
Gastonia Poplar (#15004-11-036)
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.
______________________________________________________________
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 Gaston 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: _________________