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Home My WebLink About18018_Singer Furniture Plant_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Singer Furniture Plant 914 Virginia Street Project #: County: 18018-14-014 Caldwell 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 any one or combination of the following uses: Light and Heavy Industrial, Commercial, Office, Warehousing, Lay-Down Yard, and/or Parking use. For purposes of this restriction, the following definitions apply: A.“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; B.“Heavy Industrial”: refers to the assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards, or that otherwise do not constitute light manufacturing; or any use where the area occupied by outdoor storage of goods and material used in the assembly, fabrication or processing exceeds 25 percent of the floor area of all buildings on the property. C.“Commercial/Office” refers to land parcels used for wholesale, retail, office, data centers, entertainment or services, including those uses predominantly at street level on multi-functional structures, plus related contiguous accessory uses such as parking areas and service drives; D.“Warehousing” refers to use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity, and to the storage of data and electronic information, along with maintenance and support facilities; E.“Lay-Down Yard” refers to an area that has been cleared for the temporary storage of equipment and supplies. Laydown areas are usually covered with rock and/or gravel or other pavements to ensure accessibility and safe maneuverability for Singer Furniture Plant (#18018-14-014) transport and off-loading of vehicles. Storage of materials containing those contaminants noted in the Environmental Reports in paragraph 5 and in paragraph 7 of Exhibit A (aka: Brownfields Agreement) is prohibited, except in accordance with paragraph 4 of the Notice of Brownfields Property (“Notice”). The Prospective Developer assumes the responsibility for preventing any releases to the environment by activities associated with this lay-down yard; F.“Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Physical redevelopment of the Property and soil disturbances may not occur other than in accord with the agreed upon Environmental Management Plan, including subsequent Department of Environmental Quality (“DEQ”) approved modifications to the EMP, that are consistent with all the other LURs. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Groundwater at the Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of Exhibit A, may be used or stored at the Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities and except for (i) fuels stored and used in on-board generator fuel tanks, and in accordance with the review and approval of the written fuel storage plan described in paragraph 12 of Exhibit A, and (ii) fuels associated with ASTs to be used in the laydown yard and in accordance with the review and approval of the written AST Assessment Plan described above in paragraph 12 of Exhibit A. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Singer Furniture Plant (#18018-14-014) LUR 5:The Property may not be used for agriculture or grazing, without the prior written approval of DEQ. 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 DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The owner of any portion of the 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, unless compliance with this LUR is waived in writing by DEQ in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Neither DEQ, 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 DEQ, 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 and by providing at least five (5) days prior written notice of the timing and scope of such environmental assessment and remediation, except for hazards DEQ deems imminent and situations DEQ reasonably determines require an emergency response. The access allowed by this restriction shall not be interpreted to include Singer Furniture Plant (#18018-14-014) access to proprietary and confidential information of Prospective Developer (and future owners and operators of the Property), so long as such interpretation does not limit the access necessary for environmental assessment or remediation allowed in this restriction. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:During January of each year after the year in which the Notice referenced in st paragraph 21 of Exhibit A is recorded, the owner of any part of the Property as of January 1 of that year, through the Property Association designated as the agent for enforcement of land use restrictions under N.C.G.S. §130A-310.35(f) in paragraph 16 of Exhibit A, shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental st officials of Caldwell County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Caldwell 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 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 11: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 Caldwell County land records, Book 705, Page 710.” 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. If DEQ issues prior, written approval, an owner may use the following mechanisms to comply with the obligations of this paragraph, subject to the terms and conditions that DEQ may establish in such approval: l)The owner may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the person listed in Section XVI (Notice and Submissions) and (ii) the owner may provide abstracts of leases, rather than full copies of said leases, to the person listed in Section XVI. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Singer Furniture Plant (#18018-14-014) Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Caldwell 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: _________________