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Home My WebLink About09062_Glencoe Mill_LURU Model_20170915NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Glencoe Mill Project #: 09062-05-001 Address: 2362 River Road County: Alamance 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 commercial (excluding the uses prohibited below in land use restrictions 6, 9 and 10), office, light industrial, storage/warehouse, institutional and/or residential uses. For purposes of this restriction, the following definitions apply: “Office” refers to the rendering of business or professional services. “Light industrial” refers to small-scale manufacturing of items not amenable to assembly-line production, including without limitation works of art (e.g., metal sculpture) and sets and props for commercials and plays, by artisans or groups of artisans. “Storage/warehouse” refers to the storage of textile equipment for resale and/or other material. “Institutional” refers to the use of land, buildings or structures for public, non-profit or quasi-public use (such as for a church, library, private school, hospital, environmental education center or government-owned or -operated building) for a public purpose. “Residential” refers to use of a single family, detached, duplex, triplex, quadriplex, attached, or multifamily structure, or of a manufactured, mobile or group home, or boarding house or dormitory, as a permanent dwelling. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any demolition of structures depicted on the plat component of this Notice shall be conducted in accordance with applicable legal requirements, including without limitation those administered by the Lead and Asbestos Abatement Program of the Department of Environmental Quality (“DEQ”) Division of Public Health. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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 on 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 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: ______________________________________________________________ Soil at the Brownfields Property at a depth greater than two (2) feet, and all soil underlying paved and other impervious surfaces and buildings at the Brownfields Property, may not be exposed unless DEQ has approved in writing a plan to protect public health and the environment during the activities that would expose such soil. Compliance with the plan shall be subject to DEQ concurrence. In the event of such proposed or actual soil exposure, DEQ may also require submittal of a plan, which shall include a schedule, for assessment, for screening or sampling for contaminants of the exposed soil, and for reporting on said assessment and screening or sampling. Compliance with the plan shall be subject to DEQ concurrence. If DEQ requires the plan referenced in the third sentence of this subparagraph, and determines in writing pending submittal of the required report that contamination may be present which, if unaddressed, would render the affected portion of the Brownfields Property (as delineated by DEQ) unsuitable for the uses specified above in land use restriction 1, redevelopment of said portion may not continue or occur without written DEQ approval. If the report causes DEQ to determine that measures are necessary to render the affected portion of the Brownfields Property suitable for the uses specified above in land use restriction 1, DEQ shall provide the owner of the affected portion a reasonable period for submitting to DEQ a plan that meets with DEQ’s written approval for implementing measures sufficient to render said portion suitable for said uses. If DEQ requires such a plan, DEQ may prohibit redevelopment of the affected portion from continuing or occurring pending written DEQ approval of the measures and a report thereon; in any event, redevelopment of said portion may not continue or occur pending written DEQ approval of the plan. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. ☐ 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 Tables A, B and C of the Notice of Brownfields Property, 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, except for horseshoes and volleyball, which may be played at the Brownfields Property only using pits containing no less than one (1) foot of sand. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No playgrounds or child care centers that allow attendees outdoors other than in connection with ingress and egress are allowed on the Brownfields Property without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing or later 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. ☐ 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 of Brownfields Property is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that the Notice remains recorded at the Alamance County Register of Deeds office and that the land use restrictions are being complied with, and stating: 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 Brownfields Property during the previous calendar year; and ______________________________________________________________ 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 Brownfields Property during the previous calendar year. ______________________________________________________________ ☐ 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 Alamance 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: _________________