HomeMy WebLinkAbout19001_Caroline Courtyard_LURU21Caroline Courtyard, LLC
1220 Arboretum Drive
Lewisville, NC 27023‐8658
January 27, 2021
To: Attn: Brownfields Property Management Unit
NC Department of Environmental Quality
DWM – Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699‐1646
(via email: BFPropertyManagement@ncdenr.gov)
David Madden
Director, Lincoln County Department of Health
200 Gamble Drive
Lincolnton, NC 28092‐4421
Danielle Rudisill
Erosion & Sedimentation Control Administrator
Lincoln County Natural Resources Division
115 W. Main Street
Lincolnton, NC 28092‐2611
RE: Caroline Courtyard
Lincolnton, NC
Land Use Restrictions Update
In accordance with item 12 of the Land Use Restrictions within the Notice of Brownfields Property
concerning Caroline Courtyard, LLC as recorded in Book 2538, Pages 932 – 966 with the Lincoln County
Register of Deeds, please find enclosed a notarized Land Use Restrictions Update.
Upon review, should you have any questions or require additional information, please contact me.
Best regards,
Bill Scantland
Managing Member of the Managing Member
336‐460‐1580
bill@btrc.us
Enclosures
NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2021
Name: Caroline Courtyard
Project #: 19001-15-055
Address: 401 North Generals Blvd.
County: Lincoln
Property Owner (In part or whole): Caroline Courtyard, LLC, Attention: Bill Scantland, 1220
Arboretum Drive, Lewisville, NC 27023-8658
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
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646
LUR 1: No use may be made of the Property other than for High-Density Residential,
Office, and associated automobile Parking. For purposes of this restriction, the following
definitions apply:
a. “High Density Residential” shall mean permanent dwellings where residential units
are attached to each other with common walls, such as condominia, 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, and shall include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages;
b. “Office” refers to the provision of business or professional services.
c. “Parking” refers to the temporary accommodation of motor vehicles in an area
designed for same.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 2: Physical redevelopment of the Property may not occur other than in accord, as
determined by the Department of Environment and Natural Resources (“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 Property, the timing
of redevelopment phases, and addresses health, safety and environmental issues that may arise
Caroline Courtyard (#19001-15-055)
from use of the Property during construction or redevelopment in any other form, including
without limitation:
a. soil, groundwater, surface water, stream sediment, and stormwater management
issues, including without limitation those resulting from contamination identified
in the Environmental Reports;
b. potential sources of the contamination referenced in paragraph 7 of the Exhibit A;
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 3: Groundwater at the Property may not be used for any purpose without the prior
written approval of DENR.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 4: No activity that disturbs soil or groundwater 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 Brownfields Property will be
suitable for the uses specified in LUR 1. above while fully protecting public health and the
environment. Notwithstanding the above, the Prospective developer may conduct landscaping
activities including mowing and pruning of above-ground vegetation, landscape plantings that do
not exceed 24 inches in depth, and for emergency repair of underground infrastructure, provided
that DENR shall be given written notice (if only by email) of any such emergency repair no later
than the next business day, and that any related assessment and remedial measures required by
DENR shall be taken.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Caroline Courtyard (#19001-15-055)
LUR 5: No building may be constructed on the Property and no existing building,
defined as those depicted on the plat component (Exhibit B) of the Notice of Brownfields Property,
may be occupied until:
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 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: ______________________________________________________________
LUR 6: None of the contaminants known to be present in the environmental media at the
Property, including those appearing in paragraph 7 of the Exhibit A, may be used or stored at the
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: ______________________________________________________________
LUR 7: The Property may not be used for agriculture or grazing, without the prior
written approval of DENR.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 8: The 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
Remarks: ______________________________________________________________
Caroline Courtyard (#19001-15-055)
LUR 9: The Property may not be used for child care centers or schools, without the prior
written approval of DENR. The Property may be used as a playground to be designed as follows:
an accessible playground area, the location to be that shown on the site plan dated March 6, 2015,
and which will have a concrete pad foundation with a rubberized sprayed-on lining several inches
thick on top of the concrete. This playground will prevent contact with the on-site soil.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 10: The owner of any portion of the 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 11: Neither DENR, nor any party conducting environmental assessment or
remediation at the 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 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 Property.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 12: During January of each year after the year in which the Notice is recorded, the
owner of any part of the 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 Lincoln County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Lincoln County Register of
Deeds office and certifying that the land use restrictions are being complied with. A joint LURU
may be submitted for multiple owners by a duly constituted board or association, or another entity
approved in advance by DENR. In addition to said certification of land use restriction compliance,
the LURU shall provide the following information:
Caroline Courtyard (#19001-15-055)
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 Property during the previous calendar year;
No change in ownership during the previous calendar year.
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 Property
during the previous calendar year;
Noe change in ownership during the previous calendar year
c. Whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.e.ii. of the Exhibit A 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.
Systems are performing as designed and have not changed
d. A joint LURU submitted for multiple owners by a duly constituted board or
association shall include the name, mailing address, telephone and facsimile
numbers, 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;
______________________________________________________________
e. LURU’s submitted for rental units shall include the rent roll and enough of each
lease entered into during the previous calendar year to demonstrate compliance with
lessee notification requirements in paragraphs 20 and 21 of the Exhibit A.
Rent roll and lease information is attached
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 13: Any deed or other instrument conveying an interest in the Property executed by
an owner of any interest in the Property shall contain the following notice: “The property which
is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to
the Notice of Brownfields Property recorded in the Lincoln County land records, Book 2538, Page
932.” A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices
and Submissions) of the attached Exhibit A, though financial figures related to the conveyance
may be redacted. In connection with residential and commercial leases of the Property, if standard
form leases are used in every instance, copies of them may be sent in lieu of copies of actual leases
if they are sent at least 30 days before their first use and the first use of any materially revised
versions of them.
☒ In compliance ☐ Out of compliance
Rent Roll
Caroline Courtyard (055)
01/2021Report Date:
Unit Tenant Move In Lease End Description Net RentPotential Sq. Ft.
NC-14-08001Building:
Lease
Units with Square Footage Set
Thompson, Robert 3 BR 40%$507.00$507.0012/04/2017 11/30/2021 507.00302 1,170
Bowles, Karl 2 BR 60%$152.00$680.0008/01/2020 07/31/2021 680.00304 1,021
Nunez, Carmen 2 BR 60%$153.00$680.0002/26/2018 01/31/2021 659.00306 1,023
SHIPP, MYRTLE 2 BR 40%$440.00$440.0002/23/2017 01/31/2021 440.00308 954
Gilliland, Gina 2 BR 50%$570.00$570.0003/18/2017 02/28/2021 570.00310 954
Berry, Amber 2 BR 60%$680.00$680.0009/26/2020 09/25/2021 680.00312 1,021
Izard, Dearika 2 BR 50%$570.00$570.0004/01/2020 03/31/2021 570.00314 1,021
Moreno, Jolan 3 BR 60%$770.00$770.0001/12/2018 12/31/2021 770.00316 1,170
Howard, Kenya 3 BR 60%$89.00$770.0011/16/2018 10/31/2021 770.00318 1,170
Paylor, Leticia 2 BR 50%$570.00$570.0005/14/2020 05/13/2021 570.00320 1,021
Neal, Xavier 2 BR 50%$570.00$570.0004/11/2018 03/31/2021 570.00322 1,021
Easter, Joanne 2 BR 40%$440.00$440.0004/21/2017 03/31/2021 440.00324 954
Copeland, Breanna 2 BR 40%$440.00$440.0009/13/2019 08/31/2021 440.00326 954
McClain, Josh 2 BR 50%$570.00$570.0011/29/2017 10/31/2021 570.00328 1,021
McCall, Rosa 2 BR 60%$298.00$680.0001/16/2019 12/31/2021 680.00330 1,021
Clark, Kaitlyn 3 BR 40%$507.00$507.0007/22/2020 07/21/2021 507.00332 1,170
Smith, Ashley 3 BR 60%$770.00$770.0009/30/2020 09/29/2021 770.00334 1,170
Cummisky, Kenneth 2 BR 50%$570.00$570.0003/08/2019 02/28/2021 570.00336 1,021
Craig, Anthony 2 BR 60%$343.00$680.0004/08/2019 03/31/2021 680.00338 1,021
McKinley, Amber 2 BR 50%$570.00$570.0002/10/2020 01/31/2021 570.00340 954
Sopczak, Andria 2 BR 40%$440.00$440.0003/02/2020 02/28/2021 440.00342 954
Bost, Crystal 2 BR 50%$570.00$570.0002/07/2020 02/06/2021 570.00344 1,021
Torres, Guadalupe 2 BR 60%$680.00$680.0010/19/2020 10/18/2021 680.00346 1,021
Richard, Brittany 3 BR 50%$665.00$665.0001/11/2019 12/31/2021 665.00348 1,170
Occupied Units:
% Occupied:
Units in Building:24
100%
24 $11,934.00$14,389.00 14,368.00
Unit Tenant Move In Lease End Description Net RentPotential Sq. Ft.
NC-14-08002Building:
Lease
Units with Square Footage Set
Huntley, Melissa 3 BR 60%$770.00$770.0007/02/2020 07/01/2021 770.00201 1,170
METAKES, JOYCE 2 BR 60%$680.00$680.0004/08/2017 03/31/2021 680.00203 1,021
Little, Gloria 2 BR 60%$159.00$680.0011/01/2019 10/31/2021 680.00205 1,021
Pacheco, Maria 2 BR 40%$440.00$440.0002/23/2017 01/31/2021 440.00207 954
Littlejohn, Tamara 2 BR 50%$201.00$570.0003/02/2017 02/28/2021 570.00209 954
Chunikhina, Svetlana 2 BR 60%$680.00$680.0004/04/2018 03/31/2021 680.00211 1,021
Legg, Kara 2 BR 50%$570.00$570.0006/28/2019 05/31/2021 570.00213 1,021
Vaughan, Mark 3 BR 50%$665.00$665.0003/31/2017 02/28/2021 665.00215 1,170
Terry, Jessica 3 BR 40%$224.00$507.0009/11/2019 08/31/2021 507.00217 1,170
Rodriguez, Orlando 2 BR 50%$570.00$570.0012/14/2018 11/30/2021 570.00219 1,021
Mills, Kendra 2 BR 60%$0.00$680.0010/05/2018 09/30/2021 680.00221 1,021
01/04/2021
** = Expired Lease
Print Date & Time: 3:25:40PM Page 1 of 2
*MR = Moved out during the report range.
Rent Roll
Caroline Courtyard (055)
01/2021Report Date:
Unit Tenant Move In Lease End Description Net RentPotential Sq. Ft.
NC-14-08002Building:
Lease
Cunningham, Tamlara 2 BR 50%$263.00$570.0002/13/2019 01/31/2021 570.00223 954
Jackson, Jatavia 2 BR 40%$440.00$440.0010/11/2019 09/30/2021 440.00225 954
Farley, THESHIA 2 BR 50%$570.00$570.0003/18/2017 02/28/2021 570.00227 1,021
Cutler, Helen 2 BR 60%$0.00$680.0004/26/2019 03/31/2021 680.00229 1,021
Pulley, Lavonia 3 BR 60%$770.00$770.0004/30/2020 04/29/2021 770.00231 1,170
Gomes, Christopher 3 BR 40%$507.00$507.0003/23/2017 02/28/2021 507.00233 1,170
Ahmed, Zohaib 2 BR 60%$680.00$680.0003/22/2017 02/28/2021 680.00235 1,021
Henderson, Reginald 2 BR 60%$680.00$680.0004/26/2017 03/31/2021 680.00237 1,021
Hendrick, Amanda 2 BR 40%$440.00$440.0003/25/2019 02/28/2021 440.00239 954
Pacheco, Sandra 2 BR 50%$570.00$570.0002/23/2017 01/31/2021 570.00241 954
Roberts, Danielle 2 BR 60%$680.00$680.0012/30/2020 12/29/2021 680.00243 1,021
Atkinson, Marshall 2 BR 50%$570.00$570.0004/25/2017 03/31/2021 570.00245 1,021
Smyre, Jessica 3 BR 40%$507.00$507.0001/17/2020 12/31/2021 507.00247 1,170
Occupied Units:
% Occupied:
Units in Building:24
100%
24 $11,636.00$14,476.00 14,476.00
Unit Tenant Move In Lease End Description Net RentPotential Sq. Ft.
NC-14-08003Building:
Lease
Units with Square Footage Set
Burgess, Violet 2 BR 40%$440.00$440.0006/11/2018 05/31/2021 440.00105 954
Jackson, Tonda 2 BR 60%$100.00$620.0007/09/2018 06/30/2021 680.00107 1,023
Caballero, Dulce 2 BR 50%$570.00$570.0007/09/2020 07/08/2021 570.00109 1,021
Avery, Samantha 3 BR 60%$770.00$770.0012/11/2018 11/30/2021 770.00111 1,170
Ruiz, Esteban 2 BR 50%$570.00$570.0001/25/2017 12/31/2021 570.00113 954
Jaikaran, Mahindra 2 BR 60%$680.00$680.0002/23/2017 01/31/2021 680.00115 1,021
Brown, Elaine 2 BR 50%$145.00$570.0006/25/2020 06/24/2021 570.00117 1,021
WINGATE, ASHLEY 3 BR 60%$285.00$770.0002/01/2017 01/31/2021 770.00119 1,170
Occupied Units:
% Occupied:
Units in Building:8
100%
8 $3,560.00$4,990.00 5,050.00
$33,855.00 $27,130.00Grand Totals:56Total Units:
56.00Total Occupied:
100.00
33,894.00
Selected Parameters:
Property Name - Caroline Courtyard
Rent Roll for - 01/2021
Show Negative Rents as Zero - True
Sort By Unit - True
Include Inactive Units - False
Total % Occupied:
01/04/2021
** = Expired Lease
Print Date & Time: 3:25:40PM Page 2 of 2
*MR = Moved out during the report range.