22018_Westinghouse Meter and Light_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2020Project:
Project Number:
Address:County:Property Owner (In part or whole)/Association:
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 or email:
NC Division of Waste Management
Attn: Brownfields Property Management Unit
1646 Mail Service Center
Raleigh, NC  27699-1646
[e-mail]
No use may be made of the Brownfields Property other than for office, restaurant, warehouse, retail, high-density residential, industrial, hotel, food and beverage processing, grocery,
parking, and, subject to the Department of Environmental Quality’s (“DEQ”) prior written approval, other commercial uses including drop-in childcare. Residential use of the existing
structure is prohibited without DEQ’s prior written approval. For purposes of this restriction, the following definitions apply:
“Office” is defined as the provision of business or professional services.
“Warehouse” is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses 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.
“Restaurant” is defined as a commercial business establishment that prepares and serves food and beverages to patrons.
“Retail” is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, farmer’s markets, food
festivals, and the sales of food and beverage products, including from mobile establishments such as food trucks.
“Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same.
“High density residential” is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominiums, apartments, group homes, dormitories
or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards
are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages.  Single family homes and duplexes are prohibited;
townhomes, or other individually owned units that include land ownership are prohibited unless approved in writing by DEQ in advance.
“Industrial” is defined as the assembly, fabrication, processing, or distribution of goods or materials.
“Hotel” is defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality,
management and reception services.
“Drop-in child care” is defined as drop-in, short-term, and other child care arrangements (with the exception of public schools) described as being excluded from the meaning of “child
care” under N.C.G.S. § 110-86(2).
“Food and beverage processing” is defined as the methods used to transform raw ingredients into food or beverages for consumption, including the manufacture, sale and distribution of
food and beverage products, and includes shared or co-working space.
“Grocery” is defined as a retail store that offers non-perishable food packaged in bottles, boxes, and cans, perishable food such as baked goods, meats, deli products, and fresh produce,
and which may sell non-food items, such as clothing and household items and provide pharmacy, financial, or other services.
“Commercial” is defined asan enterprise carried on for profit or nonprofit by the owner, lessee or licensee. For the purposes of the Agreement, this definition excludes operations which
use the chlorinated solvents identified in paragraph 8 of the Agreement, and their degradation products, unless said operations meet the allowable exceptions under LUR 12 below.
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval of DEQ. Drop-in child care described as being excluded from
the meaning of “child care” under N.C.G.S. § 110-86(2), however, is permitted as set forth above in LUR 1.
In complianceOut of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by 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 Exhibit 2 to the Agreement;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);
contingency plans related to sampling and managing soil, groundwater and surface water related to the installation or maintenance of storm water drain lines or walking trails; and
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.
In complianceOut of compliance
Remarks:
Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
No activity that disturbs soil on the Brownfields Property 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 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 above in LUR 3.
In complianceOut of compliance
Remarks:
No occupancy of newly constructed buildings on the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling pursuant
to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, 24 inches of demonstrably clean, compacted fill material, or asphaltic or concrete parking
areas and driveways.
In complianceOut of compliance
Remarks:
Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved EMP as outlined above in LUR 3.
In complianceOut of compliance
Remarks:
No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property, may
be occupied until DEQ determines in writing that:
the building is or would be protective of the building’s users, public health and the environment from risk of vapor intrusion based on Brownfields Property assessment data, (and in
making this determination, DEQ will consider the data collected and scientific conclusions made pursuant to work performed in paragraph 15 of the Agreement), or a site-specific risk
assessment approved in writing by DEQ;
the building is or would be sufficiently distant from the Brownfields Property’s groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building’s
users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or
vapor intrusion mitigation measures are designed, installed, and implemented in a manner that will fully protect public health to the satisfaction of a professional engineer licensed
in North Carolina, as evidenced by said engineer’s professional seal on a report that includes photographs and a description of the installation, quality assurance, and performance of
said measures, and to DEQ. Any design specification and quality assurance for vapor intrusion mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures.
In complianceOut of compliance
Remarks:
Submitted with the Land Use Restriction Update described below in LUR 14 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 above;
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 complianceOut 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 complianceOut 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 Wake County land records, Book 18150, Page 1396.” A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures and other confidential information 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 may use the following mechanisms to comply with the obligations of this subparagraph:
(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 subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); 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.
In complianceOut of compliance
Remarks:
None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2of the Agreement 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, or, if preapproved in writing by DEQ, in de minimis quantities as part of premixed commercially
available products used in normal operational practices;

as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators;
as constituents of products and materials customarily used and stored in office, restaurant, warehouse, retail, high-density residential, hotel, drop-in child care, food and beverage
processing, grocery, parking, and, with DEQ’s prior written approval, other commercial uses, provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws; and
in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields
Property in the original packaging or containers.
In complianceOut 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 complianceOut 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 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. The submitted
LURU shall state the following:
the name, mailing address, telephone number, and contact person’s e-mail address of the owner or board, association or approved entity submitting the LURU if said owner or each of the
owners on whose behalf the joint LURU is submitted acquired any part of the Brownfields Property during the previous calendar year;
the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar;
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 8.c 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 joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone number, and contact person’s e-mail
address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
In complianceOut of compliance
Remarks:
Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at theCounty Register of Deeds offices and that
the LURs are being complied with.
This LUR Update is certified by, the owner of at least part of the Brownfields Property, or if appropriate another entity on behalf of some or all owners, 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:
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 NotaryNotary’s printed or typed name, Notary Public(Official Seal)My commission
expires: