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Home My WebLink About14008_Hollar Hosiery_LURUModel_2013_01_09NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Hollar Hosiery Mill Project #: 14008-10-018 Address: 883 Highland Avenue SE County: Catawba 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 residential, light manufacturing (including without limitation a brewery), higher education, office, retail and, if the Department of Environment and Natural Resources (“DENR”) issues prior written approval, other commercial purposes, all of which may only occur in conformance with the other land use restrictions. For purposes of this restriction, the following definitions apply: “Residential” refers to use for a permanent dwelling of any single- or multi-unit building. “Light manufacturing” refers to the assembly, fabrication or processing of goods and materials, using processes that do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the buildings where it occurs, with outdoor storage space not exceeding 25 percent of the floor area of the manufacturing buildings and no process water or wastewater being generated. “Higher education” refers to education above the secondary level. “Office” refers to the rendering of business or professional services. “Retail” refers to the sale of goods directly to the consumer, and services in the form of event space and restaurants. “Commercial” refers to a business enterprise. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this LUR is waived in writing in advance by DENR in relation to particular buildings, no use of the Brownfields Property may occur until any necessary lead and asbestos abatement has occurred to the written satisfaction of 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: ______________________________________________________________ 3. Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DENR. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil in the areas designated “Area of Possible Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”), and soil underlying paved and other impervious surfaces and buildings at the Brownfields Property, may not be disturbed (except regarding measures referenced in subparagraph a. of this restriction) unless and until DENR approves in writing a plan with a schedule, and its implementation, that requires: capping (with asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other impervious material approved in writing in advance by DENR), remediation and/or removal of sufficient soil to satisfy DENR that the Brownfields Property is suitable for the uses specified in LUR 1 above and that public health and the environment are fully protected despite any remaining soil contamination, as determined by sampling of each excavation’s side walls and bottom; and a written report regarding implementation of the plan, submitted no later than 30 days following its implementation, and correction of any deficiencies DENR identifies in the report or in implementation of the plan within 30 days after DENR provides written notice of such deficiencies. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed at the Brownfields Property for residential use, nor may any building be constructed for other uses and be used residentially, unless and until the building’s proponent has obtained DENR’s written determination that no vapor mitigation measures are required, or DENR’s written approval of proposed vapor mitigation measures and of such measures as installed. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 to the Notice’s Exhibit A, may be used or stored at the Brownfields Property without the prior written approval of DENR, 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 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 other than those conducting higher education. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DENR, 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 DENR, 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: ______________________________________________________________ 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 DENR, and to the chief public health and environmental officials of Catawba County, certifying that, as of said January 1st, the Notice remains recorded at the Catawba County Register of Deeds office and 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. ______________________________________________________________ whether any vapor mitigation measures installed pursuant to Land Use Restriction 5 above are performing as designed, and whether the uses of the ground floors of any buildings containing such measures 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 Catawba 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: _________________