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Home My WebLink About19014_West Penn Hardwoods_LURUModel_2015_10_26 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: West Penn Hardwoods 1405 Deborah Herman Road Project #: County: 19014-15-018 Catawba 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 Light Industrial, Warehouse, Commercial, Office, and Retail. For purposes of this restriction, the following definitions apply: A."Light Industrial" refers to 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. B."Warehousing" refers to use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity. C."Commercial" refers to a business enterprise. D."Office" refers to the rendering of business or professional services. E."Retail" refers to the sale of goods directly to the consumer. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Unless compliance with this LUR is waived in writing in advance by the Department of Environment and Natural Resources (“DENR”) in relation to particular buildings, no use of the Property buildings depicted on Exhibit B of the Notice of Brownfields Property (“Notice”) may occur except in accordance with applicable legal requirements, including without limitation those related to lead and asbestos that are administered by the Health Hazards Control West Penn Hardwoods (#19014-15-018) Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Physical redevelopment of the Property may not occur other than in accord, as determined by DENR, with an Environmental Management Plan ("EMP") approved in writing by DENR in advance (and revised to DENR's written satisfaction prior to each subsequent redevelopment phase if aspects of the subsequent redevelopment are not adequately addressed in the current EMP) that is consistent with all the other land use restrictions and describes redevelopment activities at the Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Property during construction or redevelopment in any other form, including without limitation: A.soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; B.potential sources of the contamination referenced in paragraph 7 of the Exhibit A to the Notice; C.surface soil sampling for any soil areas that are planned to be exposed after the planned development, and subsurface soil sampling, as required by DENR; D.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and E.plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Groundwater at the Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ West Penn Hardwoods (#19014-15-018) LUR 5:None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of the Exhibit A to the Notice, 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 for agriculture or grazing, without the prior written approval of DENR. Trees, shrubs, and plants for landscaping do not constitute agriculture. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7: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 8:The Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9: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, unless compliance with this LUR is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ West Penn Hardwoods (#19014-15-018) LUR 10: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 11: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 Catawba County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Catawba 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: ______________________________________________________________ LUR 12:Any deed or other instrument conveying an interest in the Property executed by an owner of any interest in the Property shall contain the following notice: "The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Catawba County land records, Book 3310, Page 843." A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices and Submissions), though financial figures related to the conveyance may be redacted, and such disclosure may be made subject to the confidentiality and trade secret provisions of the North Carolina Public Records Law (to the extent applicable). In compliance Out of compliance ☐☐ West Penn Hardwoods (#19014-15-018) Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Catawba 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: _________________