20060_Townsend Acme-McCurary Site_LURU Model_20171024

NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE

Year Certification Made: 2017

Name: Townsend & Acme-McCrary Site

Project #: 20060-16-019

Address: 1100, 1101, 1200 E. Third St., 1240, 1315 E. Eleventh St.
County: Chatham
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 industrial, warehousing, medical and health-related services for employees and their dependents, office, and associated
parking uses. For purposes of this restriction, the following definitions apply:

“Industrial” is defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials. For purposes of this agreement, it includes food production uses
including poultry processing.
Warehousing” is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport business among others, and also refers
to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity.
“Medical and health care services” is defined as the provision of general wellness and health screenings, primary care, low level urgent care, and occupational health services.
“Office” is defined as a location used for the provision of business or professional services.
“Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by the Department of Environmental Quality (“DEQ”), with an Environmental Management
Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land
use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may
arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:

soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in paragraph 8 of the Brownfields Agreement (“Agreement”, aka: Exhibit A);
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

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

actions taken on the Brownfields Property in accordance with Section V: Work to be Performed in the Exhibit A;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
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
removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests
shall be included).

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

Unless compliance with this LUR is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property
depicted on the plat component of the Notice of Brownfields Property (“Notice”) shall be in accordance with applicable legal requirements, including without limitation those related
to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ, except that:

the owner of the Brownfields Property shall retain access to the use of two existing onsite water supply wells (WSW-1 and WSW-3), and may install additional water supply wells at the
Brownfields Property for industrial purposes only in accordance with applicable local and state regulations while fully protecting public health and the environment, and with a minimum
of 10 days notice to the DEQ representative referenced in paragraph 35.a. of the Exhibit A;
existing and any new water supply wells shall be operated and maintained under the following provisions:

water supply wells shall be used for non-contact, cooling water uses only and shall not be used for potable or domestic use;
water supply wells shall be maintained in accordance with applicable local and state regulations;
waste purge water from any water supply well onsite and waste cooling water will be conveyed along with production water to an on-site pretreatment plant and discharged to the local
POTW under an approved discharge permit;
the installation of new water supply wells shall be noticed at least 10 days in advance to DEQ; and
water supply wells shall be tested periodically under a DEQ-approved plan and the results submitted to the DEQ representative referenced in paragraph 35.a. of the Exhibit A in accordance
with a schedule agreed to by DEQ.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

No activity that disturbs soil or sediment on the Brownfields Property as delineated on the plat component of this Notice may occur unless and until DEQ states in writing, in advance
of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified
in LUR No. 1 above while fully protecting public health and the environment, except:

in connection with landscape planting to depths not exceeding 24 inches;
mowing and pruning of above-ground vegetation;
for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken, and;
in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in LUR No. 2.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered
into by DEQ, may be denied access to the Brownfields 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 Brownfields Property.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Chatham County land records, Book 1947, Page 946.” A copy of any such instrument shall be sent to the persons listed
in Section XV (Notices and Submissions) of the Exhibit A, though financial figures related to the conveyance
may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner conveying an interest may
use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with
copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions)
of the Exhibit A; or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV of the Exhibit
A.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraph 8 of the Exhibit A and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval
of DEQ, except:

in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
in fluids in vehicles; and
as constituents of fuels, lubricants and oils in emergency generators; machinery, equipment and vehicles in on-board tanks integral to said equipment; or in flammable liquid storage
containers totaling no more than 25 gallons.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

Within 60 days after the effective date of the Agreement or prior to land disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells,
piezometers and other man made points of groundwater access at the Brownfields Property, except MW-2, MW-7, WSW-1, and WSW-3, in accordance with Subchapter 2C of Title 15A of the North
Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the
procedures and results.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this LUR is waived in writing by DEQ
in advance.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

The industrial areas of the Brownfields Property consisting of the chicken processing plant at 1101 East Third Street (parcel ID 61441) and the former textile mill at 1200 East Third
Street (parcel ID 16852), as demarcated on the plat component of the Notice shall not be developed or utilized for residential purposes including but not limited to: primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation area, and/or picnic areas, without prior approval of DEQ.

☐ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized
Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Chatham County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Chatham 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;

______________________________________________________________

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; and

______________________________________________________________

whether any additional water supply wells have been installed pursuant to Land Use Restriction No. 5, and including well installation report with a water supply well location map and
installation log(s).

______________________________________________________________

☐ 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 Chatham 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: _________________