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Home My WebLink About09007_Industrial Plastics_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Industrial Plastic Project #: 09007-05-041 Address: 4810 Clover Road County: Guilford 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 No use may be made of the Brownfields Property other than for non-residential commercial purposes, including, without limitation, industrial purposes, as limited by the other Land Use Restrictions and the following definitions: “Commercial” refers to an occupation, employment or enterprise carried on for profit by the owner, lessee or licensee. “Residential” refers to use for a permanent dwelling of any single family, detached, duplex, triplex, quadriplex, attached or multifamily dwelling; any manufactured home; any mobile home; any group home; any boarding house or any dormitory. “Industrial” refers to assembly, fabrication or processing of goods or materials. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Other than pumping, storing and using as process water in manufacturing processes the groundwater at the Brownfields Property (in accordance with a plan approved in writing in advance by Department of Environmental Quality [“DEQ”]), no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur at the Brownfields Property without prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ reasonably imposes, including, at a minimum, compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No part of the Brownfields Property denominated “Area of Possible Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”) may be used prior to the placement of at least two (2) feet of fill dirt on top of the part of the Brownfields Property proposed to be used. No fill dirt may be placed on any such part of the Brownfields Property unless the characteristics of the dirt have been established to DEQ’s written satisfaction. DEQ may require the proponent of the use of any such part of the Brownfields Property to conduct any analytical sampling reasonably DEQ deems necessary to determine that the fill dirt proposed to be used does not contain contaminants. Soil within the area denominated “Area of Possible Soil Contamination” on the plat component of the Notice may not be disturbed, including, without limitation, being moved, graded, dug, excavated, bored through or penetrated, other than in compliance with a construction plan approved in writing in advance by DEQ. The construction plan must include, at a minimum, procedures to safely collect, store, remove and dispose of, in accordance with applicable law, all disturbed soil resulting from construction activities in the “Area of Possible Soil Contamination,” and procedures for re-capping any soil cap in the “Area of Possible Soil Contamination” proposed to be removed in connection with construction activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in the tables set forth in the paragraph numbered “(2)” of the Notice, 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: ______________________________________________________________ The Brownfields 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: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ certifying that the Notice remains recorded at the Guilford County Register of Deeds office, and that the Land Use Restrictions are being complied with. ☐ 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 Rutherford 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: _________________