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Home My WebLink About16023_Warehouse District_LURU_202011Form revised: 8-1-2016 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2020 Name: Warehouse District Project #: 16023-12-092 Address: 110 S. West Street County: Wake Property Owner (In part or whole): 120 Raleigh (Property Owner Venture), LP 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 LUR 1: No use may be made of the Brownfields Property other than for mixed use development and associated automobile parking. For purposes of this restriction, the following definitions apply: a. “Mixed use” refers to the development of property, which allows the mixing of residential, commercial, and industrial development. The planned development creates greater choices in living and working environments. b. “Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. ☒ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 2: Unless compliance with this LUR is waived in writing in advance by the Department of Environment and Natural Resources (“DENR”) in relation to particular buildings, no use of the Brownfields Property may occur prior to demolition of buildings on the Brownfields Property, with the exception of the warehouse located at 120 S. West Street, depicted on the plat of the Notice of Brownfields Property (“Notice”) 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: property owner purchased the property in December 2019, after the Brownfields property redevelopment was complete Warehouse District (#16023-12-092) LUR Update LUR 3: Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DENR, with an Environmental Management Plan approved in writing by DENR in advance (and revised to DENR’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: a. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; b. potential sources of the contamination referenced in the Notice’s Exhibit A, paragraph 7; c. surface soil sampling for any soil areas that are planned to be exposed after the planned development, and subsurface soil sampling as required by DENR. d. contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and e. plans for the proper characterization of, and, as necessary, disposal of soils excavated during redevelopment. ☒ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 4: 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: ______________________________________________________________ LUR 5: After conclusion of the redevelopment period referenced in LUR 3 above, as determined by DENR, no activity that disturbs soil on the Brownfields Property may occur unless and until DENR states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DENR deems necessary to ensure the Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. ☒ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 6: No building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat of the Notice, may be occupied until: Warehouse District (#16023-12-092) LUR Update a. DENR determines in writing, based on submittals from the building’s proponent, that the building’s users, and public health and the environment, would not be at risk from the Brownfields Property’s volatile contaminant plume; or b. vapor mitigation measures are installed or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s seal on a report that includes photographs and a description of the installation and performance of said measures. All vapor mitigation measures shall be installed or implemented in accordance with a plan approved in writing by DENR in advance, including methodology(ies) for demonstrating performance of said measures. ☒ In compliance ☐ Out of compliance Remarks: NCDEQ issued a letter on March 28, 2019 stating that a vapor mitigation system is not required. LUR 7: None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in the Notice’s Exhibit A, paragraph 7, 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: After identifying a diesel emergency generator on-site in January 2020, Terracon, on behalf of the new property owner as of December 2019, notified the Brownfields Program of the diesel storage and submitted a letter requesting Brownfields approval. The NCDEQ Brownfields Property Management Unit issued a letter on April 29, 2020 approving the diesel emergency generator. LUR 8: The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DENR. ☒ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 9: 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 DENR. ☒ In compliance ☐ Out of compliance Warehouse District (#16023-12-092) LUR Update Remarks: NCDEQ issued a letter December 17, 2012 approving fitness and recreational activities on the roof and/or inside the building LUR 10: 10. The Brownfields Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DENR. ☒ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 11: 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, unless compliance with this LUR is waived in writing by DENR in advance. ☒ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ LUR 12: 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: ______________________________________________________________ LUR 13: 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 Wake County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wake County Register of Deeds office and that the land use restrictions are being complied with, and stating: a. 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. 120 Raleigh (Property Owner Venture), LP, a Delaware Limited Partnership, c/o Pillsbury Winthrop Shaw Pittman LLP, 31 West 52nd Street, New York, New York 10019 Warehouse District (#16023-12-092) LUR Update b. 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. ______________________________________________________________ c. whether any vapor barrier and/or mitigation systems installed pursuant to LUR 6b. above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. A vapor mitigation system was not installed. See remark under LUR 6. ☒ In compliance ☐ Out of compliance Remarks: 120 Raleigh (Property Owner Venture), LP took ownership of the property in December 2019. Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Wake 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: ___________________ STATE __________ 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: _________________