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Home My WebLink About05003_Alamac Knit_LURU Model_20170913NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Alamac Knit Project #: 05003-01-059 Address: 1301 Penco Drive (aka: Alamac Dr.) County: Martin Prospective Developer: ____________________________ 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 With the exception of the existing 6 deep wells that is anticipated will be used to supply noncontact cooling water and process water for Prospective Developer’s operations, no water supply wells may be installed or used at the Property without the Department of Environmental Quality’s (“DEQ”) prior approval, which shall not be unreasonably withheld. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining activities may be conducted on or under the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities likely, as determined by DEQ, to result in exposure to contaminated groundwater (including, but not limiting to, excavation) may be conducted on the Property without written approval by DEQ and, if required by DEQ, prior sampling and analysis of groundwater in the area where such activities are to be conducted, submittal of the analytical results to DEQ or its successor in function, and plans and procedures to protect public health and the environment during those activities. For the purposes of this restriction only, removal of soil and penetration of the land surface to a depth of 5 feet below grade surface or less are not activities likely to result in exposure to impacted groundwater and therefore may be conducted without DEQ’s prior review and approval. In the event that groundwater is exposed in the performance of such activities in an area of known groundwater contamination, Prospective Developer will notify DEQ of this occurrence and take such precautions as are reasonable or otherwise required by DEQ to protect public health and the environment during the performance of the activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements, and no fountains, ponds, lakes, swimming pools or other items which are supplied, in whole or in part, by groundwater may be constructed in areas of the Property that the environmental reports indicate are or may be contaminated without the approval of DEQ. For the purpose of this restriction, basement shall mean any part of a building that is below the ground, but shall not include concrete-lined depressions in the above-ground shop floor to facilitate manufacturing, or concrete-lined spill prevention and containment structures set below grade. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminates known to be present in soil or groundwater at the Property, including those listed in the Notice of Brownfields Property (“Notice”), may be used or stored on the Property, except for the use of de minimis amounts of said contaminants or of compounds which may contain said contaminants for cleaning or routine housekeeping or the temporary presence of such materials incidental to the delivery of chemicals or materials for use in operations at the Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within seven (7) days of each anniversary of the effective date of the Brownfields Agreement, the owner of each portion of the Property shall submit a notarized Land Use Restriction Update to DEQ certifying that the Notice containing these land use restrictions remains recorded at the Martin County Register of Deeds office, that these land use restrictions are being complied with, and that the fences shown on the plat recorded as Exhibit B with the Notice remain in good condition. ☐ 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 Martin 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: _________________