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Home My WebLink About17035_Spectrum Mills II_LURUModel NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Spectrum Mills IIAddress: 136 Patterson Road Project #: County: 17035-13-023 Cleveland 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 Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Brownfields Property other than for industrial purposes including textile manufacturing, dyeing and warehousing, and, if the Department of Environmental Quality (“DEQ”) issues prior written approval, other commercial purposes. Within the meaning of this restriction, the following definitions apply: a.“Industrial” refers to the manufacture, processing, cleaning, servicing, testing and/or repair of materials or products. b.“Textile” refers to a flexible woven or non-woven material consisting of a network of natural or artificial fibers referred to as yarn. c.“Warehousing” refers to the storage and distribution of products. d.“Commercial” refers to a business enterprise with associated office, maintenance and support facilities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 Spectrum Mills II (#17035-13-023) LUR Update LUR 3:No building may be constructed on the Brownfields Property unless: a.DEQ 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 Brownfields Property’s volatile organic contamination; or b.vapor mitigation measures approved in writing by DEQ in advance are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s seal, and photographs illustrating the installation and a brief narrative describing it are submitted to DEQ and deemed satisfactory in writing by that agency. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 of Exhibit A attached to the Notice of Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:The Brownfields Property may not be used as an outdoor playground or for child care centers without DEQ’s prior written approval. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Spectrum Mills II (#17035-13-023) LUR Update LUR 7:Neither DEQ 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, DEQ 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 8:Any deed or other instrument conveying an interest in the Brownfields Property executed by an owner of any interest in the Brownfields 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 Cleveland County land records, Book 1727, Page 2051.” 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9: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 Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Cleveland County, certifying that, as of said January st 1, the Notice remains recorded at the Cleveland County Register of Deeds office and that the land use restrictions are being complied with. The LURU shall also state: 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; and ______________________________________________________________ c.whether any vapor mitigation measures installed pursuant to subparagraph 14.c of Exhibit A hereto are performing as designed, and whether the uses of the ground floors of any buildings containing such measures have changed, and, if so, how. ______________________________________________________________ Spectrum Mills II (#17035-13-023) LUR Update 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 Cleveland 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: _________________