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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
Ecusta – Tract E 1 Ecusta Road (multiple)
Project #: County:
15024-11-088 Transylvania
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 Tract E Property other than roadway, railroad,
Class 1, 2, 3 utilities, and recreational uses, and activities pursuant to the permits, closure letters,
and agreements referenced in subparagraph 8.f of the Brownfields Agreement and LURs 4-7
below. For purposes of this restriction, the following definitions apply:
a."Roadway" as used herein refers to constructing and using a roadway across the
Process Island Landfill pursuant to a plan approved in writing in advance by the
Department of Environment and Natural Resources’ (“DENR”) Brownfields
Program and Solid Waste Section.
b."Railroad" as used herein refers to the continued use of existing railroads
(including repairs and maintenance thereto) on or abutting the Tract E Property.
c."Class 1, 2, 3 Utilities" is limited to the following the continued use, maintenance,
and reasonable expansion of existing utilities, and any new utilities associated
with the roadway authorized by DENR pursuant to LUR 1.a.
d."Recreational" refers to picnic and public gathering areas, hiking, horseback
riding, and other activities with prior written DENR approval that facilitate such
use of the portions of Tract E that lie outside of the landfills on Tract E.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Ecusta - Tract E (#15024-11-088)
LUR 2:No physical redevelopment of the Property may occur unless and until DENR's
Brownfields Program, and as applicable the Solid Waste Section or Division of Water Resources
conclude in writing that the proposed redevelopment will not negatively affect the cover,
structural integrity and monitoring systems at the closed landfill facilities or the Aeration
Stabilization Basin (ASB).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 3:The owner of the Tract E Property shall, at its own expense, correct any
impacts to the Tract E Property, as determined by DENR, that increase the cost of compliance,
affect the ability to comply with the rules and regulations for environmental protection, or
adversely affect environmental permits regarding the Tract E Property that are caused by
development (other than the activities of Glatfelter) on the Tract E Property. Said corrections
must be made with prior DENR approval to the written satisfaction of DENR's Brownfields
Program and as applicable the Solid Waste Section or the Division of Water Resources, on a
schedule to DENR's satisfaction consistent with its regulatory duties to protect public health and
the environment.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 4:All who use and/or own the Tract E Property shall comply with the
requirements applicable to current landowners pursuant to the following, and shall cooperate
with Glatfelter in Glatfelter's efforts, as the "owner/operator" or "landfill owner/operator," to
comply with the following:
a.the post-closure care requirements and conditions of the closure letter issued on
November 18, 2005 by DENR's Solid Waste Section applicable to the Tract E
Property's Process Island Landfill (permitted as the Industrial Solid Waste
Landfill Unit under Permit No. 88-05), which letter is recorded at Deed Book 322,
Pages 261-268 in the Transylvania County Registry;
b.the post-closure care requirements and conditions of Industrial Solid Waste
Landfill Permit No. 88-01 (Doc ID No: RC03557), applicable to the Brown #2
Ash Landfill, in accordance with the closure letter recorded at Deed Book 440,
Pages 612-624 in the Transylvania County Registry; and
c.the post-closure care requirements and conditions of non-discharge permit
WQ0013419 applicable to the Tract E Property's former Sludge Landfill, in
accordance with the closure letter dated August 31, 2011 of DENR's Division of
Water Quality.
In compliance Out of compliance
☐☐
Ecusta - Tract E (#15024-11-088)
Remarks: ______________________________________________________________
LUR 5:All who use and/or own the Tract E Property shall comply with the
requirements applicable to current landowners pursuant to the Declaration of Perpetual Land Use
Restrictions regarding the Tract E Property's Brown #1 fly ash landfill recorded at Book 594,
Page 508 in the Transylvania County Registry.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 6:Any encountering of stained or odorous soil, soil that may be contaminated, or
containers of possible contaminants (other than those in the materials disposed in the Process
Island, Sludge, Brown #2, and Brown #1 landfills, and in the Aeration Stabilization Basin) shall
be reported to DENR as required by the Administrative Agreement and Order on Consent for
Removal Action by Bona Fide Prospective Purchaser ("EPA Agreement"), the Administrative
Agreement with DENR's Division of Waste Management effective November 22, 2010 ("AA")
or applicable law, whichever requires the earliest reporting. Copies of the two (2) agreements
referenced in the preceding sentence are available from DENR. Within a time period satisfactory
to DENR, such soil shall be (i) managed in accordance with the AA or EPA Agreement,
whichever applies; or (ii) sampled to DENR's written satisfaction. If option (ii) is selected and
DENR determines that the sampling performed reflects any exceedance of applicable standards,
the owner of the affected area may be required by DENR to leave the affected soil in place, cap
it, remove it or implement other remedial measures to DENR's written satisfaction.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 7:Surface water and groundwater at the Tract E Property may not be used for any
purpose without the prior written approval of DENR, except as necessary to operate the Aeration
Stabilization Basin pursuant to the permit referenced in subparagraph 8.f. of the Brownfields
Agreement, as such permit may be amended or renewed from time to time, to manage
stormwater pursuant to legal requirements, and pursuant to the EPA Agreement, the AA, and the
documents referenced in LUR 4.a-c and 5 above (including leachate treatment and
management).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Ecusta - Tract E (#15024-11-088)
LUR 8:No activities that encounter or expose groundwater (for example, construction
or excavation activities that encounter or expose groundwater) may occur without sampling and
analysis of exposed groundwater to the written satisfaction of DENR, and submittal of the
analytical results to DENR. These groundwater exposure restrictions shall not apply to activities
conducted (i) pursuant to the permit referenced in subparagraph 8.f of the Brownfields
Agreement (as such permit may be amended or renewed from time to time) or (ii) pursuant to the
EPA Agreement, the AA, and the documents referenced in LUR 4.a-c and 5 above. These
groundwater exposure restrictions shall no longer apply when analytical results show the said
groundwater concentrations do not exceed the applicable standards and screening levels, as
determined by DENR in writing.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 9:None of the contaminants known to be present in the environmental media at
the Tract E Property, including those listed in Exhibit 2 to the Brownfields Agreement, may be
used or stored at the Tract E Property without the prior written approval of DENR, except in: de
minimis amounts for cleaning and other routine housekeeping activities; petroleum products
used in the operation of motor vehicles, landscaping equipment and/or marine engines;
functional components of buildings or other redevelopment-related features; and emergency
generator fuel if stored and used in compliance with a plan approved in writing in advance by
DENR, so long as such products and materials are stored, used and disposed of in compliance
with all applicable laws and regulations. The following activities are authorized and hence
exempt from this Land Use Restriction: Treatment at the Tract E Property of leachate, from the
landfills designated "Former Glatfelter Landfills" on the plat component of the Notice, pursuant
to a permit or closure letter described in LUR 4.a-c above and subparagraph 8.f of the Brown
fields Agreement, as such may be revised from time to time; the continued presence or storage of
existing waste in said landfills; the continued operation of the ASB pursuant to the permit
referenced in subparagraph 8.f of the Brownfields Agreement (as such permit may be amended
or renewed from time to time); and the storage of investigation-derived waste materials from
DENR-approved sampling activities so long as such waste is stored, managed, and disposed of in
compliance with all applicable laws and regulations.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Ecusta - Tract E (#15024-11-088)
LUR 10:The owner of any portion of the Tract E Property where any existing, or later-
installed, DENR-approved monitoring well is damaged (other than damage caused by Glatfelter)
shall be responsible for repair of any such wells to DENR's written satisfaction and within a time
period acceptable to DENR.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 11:Neither DENR nor any party conducting environmental assessment or
remediation at the Tract E Property at the direction of, or pursuant to a permit, permit
modification or renewal, order or agreement issued or entered into by, DENR may be denied
access to the Tract E 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
Tract E Property.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 12:During January of each year after the year in which the Notice is recorded, the
st
owner of any part of the Tract E Property as of January 1 of that year shall submit a notarized
Land Use Restrictions Update ("LURU") to DENR (except that a joint LURU may be submitted
for multiple owners by a duly constituted owners' association), and to the chief public health and
st
environmental officials of Transylvania County, certifying that, as of said January 1, the Notice
of Brownfields Property containing these Land Use Restrictions remains recorded at the
Transylvania 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
email address of the owner submitting the LURU if said owner acquired any part
of the Tract E 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 Tract E
Property during the previous calendar year.
______________________________________________________________
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Ecusta - Tract E (#15024-11-088)
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification
that the Notice of Brownfields Property remains recorded at the Transylvania 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: _________________