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Home My WebLink About17044_Colonial Abrasives_LURUModel_2015_07_27 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Colonial Abrasives 312 South Pine Street Project #: County: 17044-13-063 Moore 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 commercial/light industrial purposes. For purposes of this restriction, the following definitions apply: a.Commercial – an enterprise carried on for profit by the owner, lessee or licensee; and b.Light Industrial - the indoor assembly, fabrication or processing of goods and materials, using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outdoors, and involving outdoor storage of related goods and material that does not exceed 25 percent of the floor area of all buildings on the Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Groundwater at the 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:Soil on the Property that is situated beneath the slabs of pre-existing buildings found at the sight at the time of this agreement may not be disturbed unless and until DENR states in writing, in advance of the proposed disturbance, that the disturbance may proceed, if Colonial Abrasives (#17044-13-063) carried out along with any measures DENR deems necessary in connection with the proposed disturbance to avoid rendering the Property unsuitable for the uses specified in LUR 1 above or public health or the environment less than fully protected. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No basements may be constructed on the Property unless they are, as determined in writing by DENR, vented in conformance with applicable building codes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5: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 (“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 6:The 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 7:The Property may not be used as a playground, or for child care centers, senior care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Colonial Abrasives (#17044-13-063) LUR 8:The owner of any portion of the 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. 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: ______________________________________________________________ LUR 10:During January of each year after the year in which the Notice is recorded, the st 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 health and environmental st officials of Moore County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Moore 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.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: ______________________________________________________________ Colonial Abrasives (#17044-13-063) Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Moore 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: _________________