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Home My WebLink About08020_Carolina Creosoting_LURUModel_2017_01_30 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Carolina Creosoting Corp.Address: Eastbrook Drive Project #: County: 08020-04-010 Brunswick 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 Property other than for non-residential commercial, light industrial, silviculture or land conservation purposes, as limited by the other LURs and the following definitions: a.“Non-Residential Commercial” refers to an occupation, employment or enterprise carried on for profit by the owner, lessee or licensee, as limited by the other land use restrictions below. b.“Light Industrial” refers to the assembly, fabrication or processing of goods and materials, entirely within a building, using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or property where such assembly, fabrication or processing takes place. c.“Silviculture” refers to growing trees and associated activities such as planting and harvesting. d.“Conservation” refers to wetland creation for the purpose of selling wetland mitigation credits or other such activities related to protecting natural environments or resources. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 2:No activity that disturbs or exposes soil on the Property in the “Area of Potential Soil Contamination” as delineated on the plat component of the Notice of Brownfields Property (“Notice”), including without limitation the demolition or removal of concrete slabs, dikes and containment areas; soil excavation; and the installation of building footers and infrastructure, may occur unless and until the Department of Environment and Natural Resources (“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,except in connection with mowing and pruning of above-ground vegetation and emergency repair of underground infrastructure, provided that DENR shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DENR shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Absent compliance with a plan, approved in writing by DENR in advance, for managing substances containing contaminants known to be or have been present in the environmental media at the Property such that, should a release of those substances occur at the Property, the subject contaminants in that release would be distinguishable with certainty from the subject contaminants in any known release at the Property that predates the Brownfields Agreement (“Agreement” attached as Exhibit A to the Notice), none of the subject contaminants, including without limitation those listed in paragraph 6 of Exhibit A, may be used or stored at the Property without the prior written approval of DENR, except in de minimis amounts for: cleaning, other routine housekeeping, as components in prepackaged materials used or sold in connection with uses permitted under this Agreement, and vehicle maintenance and service in compliance with applicable law. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:The portion of the Property formerly used for wood treating and delineated on the plat component of the Notice as the “Area of Potential Soil Contamination”, may not be used for agriculture or grazing without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 5:The portion of the Property formerly used for wood treating and delineated on the plat component of the Notice as the “Area of Potential Soil Contamination”, 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 6:The portion of the Property formerly used for wood treating and delineated on the plat component of this Notice as the “Area of Potential Soil Contamination”, 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: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 8: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 Brunswick County, certifying that, as of said January 1, the Notice containing these land use restrictions remains recorded at the Brunswick 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: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the County Register of \[Enter County\] 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: _________________