14034_Creative Dyeing_LURUModel

NC BROWNFIELDS

LAND USE RESTRICTIONS (“LUR”) UPDATE

Year Certification Made:2017

Name:
Creative DyeingAddress:

417 East Charlotte Avenue
Project #: County:
14034-10-036 Gaston

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 a free-standing emergency
medical center with outpatient medical imaging, medical laboratory facilities, health-related
professional offices, other commercial office, retail, greenway trail use, and associated parking.
For purposes of this restriction, the following definitions apply:

a."Emergency medical center" means a medical facility equipped to diagnose and
treat emergency, traumatic and other urgent medical conditions and injuries’;

b."Medical imaging" refers to various technologies that are used to view the human
body in order to diagnose, monitor, or treat medical conditions.

c."Medical laboratories” refers to laboratories where tests are done on clinical
specimens in order to obtain information about the health of human patients
pertaining to the diagnosis, treatment, and prevention of disease.

d."Health-related professional offices" refer to the location where medical or other
health-related trained professional personnel provide medical or other health-
related services to patients.

e."Commercial office" refers to a place where business or professional services are
provided.

f."Retail" refers to the sale of goods, products or merchandise directly to the
consumer including the sales of food and beverage products.

g."Greenway trail use" use refers to a linear open space along a natural or constructed
corridor, which may be used for pedestrian or bicycle passage and that often link
areas of activity, such as parks, cultural features, or historic sites with each other
and with populated areas; and

h."Parking" refers to the temporary accommodation of motor vehicles in an area
designed for same.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________
Form revised: 8-1-2016

Highland Mill #3 – North Brevard (#20037-16-060) LUR Update

LUR 2:Physical redevelopment of the Property may not occur other than in accord, as
determined by the Department of Environment and Natural Resources (“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) that is consistent
with all the other land use restrictions in this section 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.issues related to potential sources of contamination referenced in paragraph 7 of
Exhibit A; and

c.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields).

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 3:Within 90 days after each one-year anniversary of the effective date of the
Brownfields Agreement (aka: Exhibit A) for as long as physical redevelopment of the Property
continues (except that the final deadline shall fall 90 days after the conclusion of physical
redevelopment), the then owner of the Property shall provide DENR a report subject to written
DENR approval on environment-related activities since the last report, with a summary and
drawings, that describes:

a.actions taken in accordance with the plan required by LUR 2 above;

b.soil grading and cut and fill actions;

c.methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media;

d.stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition of any soil, groundwater or other materials
suspected or confirmed to be contaminated with regulated substances; and

e.removal of any contaminated soil, water or other contaminated materials (for
example, concrete, demolition debris) from the Property (copies of all legally
required manifests shall be included).

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Highland Mill #3 – North Brevard (#20037-16-060) LUR Update

LUR 4:Surface water and groundwater at the Property may not be used for any purpose
without the prior written approval of DENR.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 5:After conclusion of the redevelopment period referenced in LUR 2 above as
determined by DENR, no activity that disturbs soil on the Property may occur unless and until
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:

a.activities conducted in accordance with the DENR-approved EMP required by
LUR 2 above;

b.de minimis soil removals to depths not exceeding 18 inches;

c.surficial landscaping activities including mowing and pruning of above-ground
vegetation; and

d.for 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 6:No enclosed building may be constructed on the Property unless or until:

a.it is demonstrated to DENR's written satisfaction through a site-specific risk
assessment, that the building is protective of the building's users, public health and
the environment from risk of vapor intrusion;

b.the building would be sufficiently distant from the Property's groundwater and/or
soil contamination that the building's users, public health and the environment will
be protected from risk from vapor intrusion related to said contamination; or

c.vapor mitigation measures are approved, designed, and installed and implemented
to the written satisfaction of DENR in accordance with a plan, including
methodology(ies) for demonstrating performance of the vapor mitigation measures,
approved in writing by DENR in advance, and DENR has been provided a report
within 30 days of installation that includes photographs and a description of the
installation and performance assessment of said measures.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Highland Mill #3 – North Brevard (#20037-16-060) LUR Update

LUR 7:None of the contaminants known to be present in the environmental media at the
Property, including those in paragraph 7 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, including
the routine cleaning of ambulance vehicle interiors, and other routine housekeeping activities, or
as use in emergency generators that are located in an area separate and distinct from known areas
of contaminants at the Property.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 8:The Property may not be used as a playground, child care center, school, 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 9:No greenway development or use may be made of any area of the Property other
than within the sewer easements across the Property as delineated on the plat component (aka:
Exhibit B) of the Notice of Brownfields Property, unless the following conditions are met:

a.the parties responsible for the construction of the approved greenway trail on the
Property are provided a copy of the Brownfields Agreement;

b.the area proposed for greenway trail construction along the alignment where this
alignment transects portions of the Property previously used for. commercial
purposes has been assessed sufficiently for the anticipated depth of soil disturbance
to evaluate whether soil contaminants are present, at what concentrations, and to
allow for proper management of disturbed soil in accordance with the EMP
required by LUR 2;

c.an environmental professional for the Prospective Developer is consulted prior to
the construction activities, and observes greenway construction activities that may
impact known or suspected contaminated areas where the greenway trail alignment
crosses the Property;

d.should visual or olfactory evidence of contaminated soil be encountered on the
Property at any time during the course of the greenway trail construction, the owner
of the Brownfields Property must immediately notify the Brownfields Program,
conduct sampling and chemical analysis of said soil, and perform other mitigation
or remedial actions in accordance with the approved EMP required in LUR 2 to the
written satisfaction of DENR; and

Highland Mill #3 – North Brevard (#20037-16-060) LUR Update

e.when the construction of a greenway trail alignment at the Property is completed,
a written report verifying said greenway installation, shall be submitted to DENR
no later than 30 days following installation. Any deficiencies DENR identifies in
the report or plan shall be corrected to DENR's written satisfaction within 30 days
after DENR provides written notice of such deficiencies, by the then owner(s) of
affected portions of the Property.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 10: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 land use restriction is waived in writing by DENR in advance.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 11: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 12: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 Gaston County, certifying that, as of said January 1, the
Notice of Brownfields Property containing these land use restrictions remains recorded at the
Gaston 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.

Highland Mill #3 – North Brevard (#20037-16-060) LUR Update

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.

c.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 6
above are performing as designed, and whether the uses of the ground floors of any
buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.

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 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: _________________