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Home My WebLink About16046_Owens Manufacturing_LURUModel_2015_09_16 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Owens Manufacturing 875 Warren Wilson Road Project #: County: 16046-12-011 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Property other than for a manufacturing facility and related processes, along with associated offices, warehousing and distribution, and parking. Other commercial uses of the property may be made with the written permission of North Carolina Department of Environment and Natural Resources (“DENR”). For purposes of this restriction, the following definitions apply: a."Manufacturing" refers to a use which involves the assembly, fabrication or processing of goods and materials. b."Office" refers to the provision of business or professional services. c."Warehousing and distribution" refers to the storage and distribution of raw materials, goods, products and merchandise and dock space for loading and shipment to vendors. d."Parking" refers to any area designed and designated for temporary accommodation for motor vehicles whether for a fee or as a service. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Unless compliance with this LUR is waived in writing by DENR in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Property without prior sampling and analysis of groundwater to the written satisfaction of DENR in any areas proposed for such activities, and submittal of the analytical results to DENR. If such results reflect contaminant concentrations that exceed the standards and screening levels applicable to Owen Manufacturing (#16046-12-011) the uses authorized for the Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DENR imposes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:None of the contaminants known to be present in the environmental media at the Property, including those appearing in Exhibit 2 to the Brownfields Agreement, may be used or stored at the 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:No building may be constructed on the Property until: a.DENR determines in writing, based on submittals from the building's proponent, that the building's users, and public health and the environment, would not be at risk from the Property's volatile contaminant plume; or b.vapor mitigation measures approved in writing by DENR in advance are designed and installed or implemented to the written satisfaction of DENR in accordance with a plan, including methodology(ies) for demonstrating performance of the vapor mitigation measures, approved in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Within 30 days following recordation of the Notice of Brownfields Property referenced in paragraph 19 of the Exhibit A, the then owner of the Property shall submit to DENR a written plan for conducting at a minimum one round of indoor air sampling in the locations identified in Exhibit 2 of the Brownfields Agreement with exceedances for Trichloroethene. If an exceedance of the screening limit for Trichloroethene is obtained, additional sampling or mitigation measures shall be implemented to DENR's written satisfaction, in accordance with a written plan submitted for DENR approval. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Owen Manufacturing (#16046-12-011) LUR 6:No activity that disturbs soil on the Property 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 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 ☐☐ Remarks: ______________________________________________________________ LUR 7:The Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The owner of any portion of the Property where any existing, or subsequently installed, D.ENR-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 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 Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Owen Manufacturing (#16046-12-011) LUR 10:During January of each year after the year in which the Notice of Brownfields st Property is recorded, the owner of-any part of the Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the chief public st health and environmental officials of Buncombe County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Buncombe 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 Property during the previous calendar year. ______________________________________________________________ b.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 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 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: __________________ Owen Manufacturing (#16046-12-011) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________