19005_Nu-Tread Tire II_BH-AG Durham Foster_LURU21

NC BROWNFIELDS
Land Use Restrictions (短LUR") UPDATE
Year Certification Made: 2021
Name: Nu-Tread Tire II Address: 539 Foster Street
Project藍19005-15-032 (supersedes lOO45-06-032) County: Durhan
Property Owner (In part or whole): BH-AG Durham Foster. LLC
蓋蒜蒜詳記嵩謹書言言霊豊謹書豊
NC Division ofWaste Management
Attn: Bl.OWnfie看ds Program Sta鯖
1646 Mail Service Center
Raleigh, NC 27699-1646
語義誌誌謹霊諾護憲諒諾薫
Of血is restriction,血e fo11owing definitions apply:
a. “High-density residential” is defined as pemanent dwe11ings where residential
units are attached to each other with common walls, SuCh車condominia,
areas and parking garages.　　　　　　　　　　　　　　　　一
b. “Retail’’is defined as the sale of goods or services, PrOducts辛r merChandise
directly to the consumer or businesses and includes showrooms, PerSOnal service,
seating areas, and a common use interior clubhouse. Any such草eatue shall not
disturb native soil at the Brownfields Property without prior apprpval from DEQ.
d. “Courtyard” is defined as a landscaped or hardscaped area for residents’use for
leisure activities・ Any such feature shall not dis血b native soi手at the Property
Without prior approval from DEQ.e・慧器票蕊諸芸晋霊楽器蕊露程謹書三
at the Property without prior approval from DEQ.
f∴ “Parking’’is defined as the temporary accommodation ofmotor v申icles in an area
designed for same.
Nu-Tread Tire II (#19005-1 5-032) LUR Update
g. “Commercial” is defined as an enterprise carried on for pro乱or nonprofit by the
OWner, lessee, Or licensee.
h. “Recreation” is defined as indoor and outdoor-related, Physically focused, Or
leisure-related activities, Whether active or passive, and the facilities for same,
including, but not limited to, Studios, SWmmmg POOIs, SPOrtS-related courts and
fields, OPen SPaCe, greenWayS, Parks, Playgrounds, Walking paths, and picnic
gathering areas.
因In compliance　　　　　□ Out ofcompliance
Remarks:
LUR 2: Physical redevelopment of the Brownfields Property may not occur other than
in accord, aS detemined 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 envirormental issues that may arise from use of the Brown丘elds
Property during construction or redevelopment in any other form言ncluding without limitation:
a・ SOil and water management issues, including without limitation those resulting
from contamination identified in the Envirormental Reports;
b・ issues related to potential sources of contanination referenced in paragraph 8
above;
C. COntingency plans for addressing言ncluding 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
d・ Plans for the proper characterization ofand, aS neCeSSary, disposal ofcontaminated
groundwater and contaminated soils excavated during redevelopment.
因In compliance　　　　　□ Out ofcompliance
Remarks:
LUR3: By January 3lSt after each one-year amiversary of the effective date of the
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fal1 90 days after the conclusion of physical redevelopment), the then
OWner Of the Brownfields Property shall provide DEQ a report su切ect to written DEQ approval
On enVirorment-related activities since the last report, With a summary and drawings, that
describes:
a. actions taken on the Brownfields Property in accordance with Section V; Work to
be Performed above;
Nu-Tread Tire H (#19005-15-032) LUR Update
b. soil grading and cut and珊I actions;
C. methodoIogy(ies) empIoyed for field screening, SamPling and laboratory analysis
Of envirormental media;
d. stockpiling, COntainerizing, decontaminating, treating, handling, 1aboratory
analysis and ultimate disposition of any soil, grOundwater or other materials
SuSPeCted or confimed to be contaminated w皿regulated substances; and
e. removal of any contaminated soil, Water Or Other contaminated materials (for
example, COnCrete, demolition debris) from the Brownfields Property (copies of all
lega11y required manifests shall be included).
図In compliance　　　　　□ Out ofcompliance
Remarks: Envirormentally-related work at the site was completed in 2019 and reported to DEO
on Januarv 30. 2020
LUR4: Soil may not be removed from, Or brought onto, the 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 in LUR 2 above.
因In compliance　　　　　□ Out ofcompliance
Remarks:
LUR 5: Groundwater at the Brownfields Property may not be used for any purpose
Without the prior written approval of DEQ.
因In compliance　　　　　□ Out ofcompliance
Remarks:
LUR 6: 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 ofthe Notice referenced in paragraph 20 pf
the Agreement shall be in accordance with applicable legal requlrementS言ncluding without
limitation those related to lead and asbestos abatement that are administered by the Health Hazards
ControI Unit within the Division ofPublic Health ofthe North Carolina Department ofHealth and
Human Services.
図In compliance　　　　　□ Out ofcompliance
Remarks:
Nu-Tread Tire II (#19005-15-032) LUR Update
LUR7: Within 60 days after the effective date of the Agreement or prior to land
disturbance activities, Prospective Developer shall abandon all monitoring wells言qjection wells,
recovery wells, Piezometers and other man-made points of groundwater access at the Brownfields
Property in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative
Code, unless an altemate schedule is approved by DEQ. Within 30 days after doing so言he
Prospective Developer shall provide DEQ a report, Setting forth the procedures and results.
図In compliance　　　　　□ Out ofcompliance
Remarks:
LUR 8: After the work referenced in subparagraph LUR 7 above has been completed,
the owner of any portion of the Brownfields Property, Where any 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.
因In compliance　　　　　□ Out ofcompliance
Remarks:
LUR9: Neither DEQ, nOr any Party COnducting envirormental 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 Ofconducting such assessment or remediation, Which is to be conducted using reasonable
efforts to minimize interference with authorized uses ofthe Brownfields Property.
因In compliance　　　　　□ Out ofcompliance
Remarks:
LUR l O: Any deed or other instrument conveymg an interest in the Brownfields Property
shall contain the following notice: “This property is subj ect to the Brownfields Agreement attached
as Exhibit A to the Notice of Brownfields Property recorded in the Durham County land records,
Book堕2±, Page 22l∴,, A copy ofany such instrument shau be sent to the persons listed in Section
XV (Notices and Submissions), 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 conveymg an interest may use the following
mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is
identical in fom, the owner conveying an interest may provide DEQ with copies of a fom lease
Nu-Tread Tire H (#19005-1 5-032) LUR Update
Or rider evidencing compliance with this paragraph言n lieu of sending copies of actual, eXeCuted
leases’tO the persons listed in Section XV O[otice and Submissions) ofthe Agreement; Or (ii) The
OWner COnVeymg an interest may provide abstracts of leases, rather than餌1 copies of said leases,
to the persons listed in Section XV ofthe Agreement.
因In compliance　　　　　口Out ofcompliance
Remarks:
LUR l l : None ofthe contaminants known to be present in the environmental media at the
Brownfields Property, aS described in paragraph 8 above, 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:
a. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
b. as constituents of fuels, 1ubricants and oils in emergency generators, maChinery,
equlPment and vehicles in on-board tanks integral to said equlPment, Or in
flammable liquid storage containers totaling no more than 25 gallons; Or
C. aS COnStituents of products and materials customarily used and stored in high-
density residential, retail, and associated amenity space and parking environments,
PrOVided such products and materials are stored in original retail packaging and
used and disposed of in accordance with applicable laws.
因In compliance　　　　　□ Out ofcompliance
Remarks:
LUR 12: During January ofeach year after the year in which the Notice referenced below
in paragraph 20 is recorded, the owner ofany part ofthe Brownfields Property as of January lSt of
that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the
Chief public health and envirormental o綿cials of Durham County, Certifying that, aS Of said
January lst, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Durham County Register ofDeeds o触ce and that the land use restrictions are being
COmPlied with. The submitted LURU shall state the following:
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;
Nu-Tread Tire II (#19005-1 5-032) 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 PropeIly during the previous calendar year.
因In compliance　　　　　□ Out of compliance
Remarks :
LUR 13: A LURU submitted for rental units shall include the rent roll and enough ofeach
lease entered into during the previous calendar year to demonstrate compliance with lessee
notification requlrementS in paragraphs 2 1 and 22 ofthe agreement provided that if standard fom
leases are used in every instance, a COPy Ofsuch standard fom lease may be sent in lieu ofcopies
ofactual leases.
因In compliance　　　　　□ Out ofcompliance
Remarks:
Notarized signing and submittal of this LUR Update constitutes certi魚cation that the Notice of
Brownfields Property remains recorded at the Durham County Register of Deeds o綿ce and that
塁若輩諾萱草詰皿ell, OⅦer Of at least part of the Brownfi。ds
Name typed or printed of party making certification: Beniamin Grimell
INote: additional entities or owners may be added ifappropriate (i.e. multiple managing members/entities)]
By:同園堕雪国 (Signature)
Nane typed or printed: Berjanin Grimell
Title typed or printed: Authorized Signatory BH-AG
Durham Foster、 LLC
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Nu-Tread Tire II (#19005-15-032) LUR Update
NORTH CAROLINA
肱通し虹　　　COUNTY
I certify that the following person(S) personally appeared before me this day, eaCh
acknowIedging to me that he or she voluntarily signed the foregoing document for the pu岬ose
Stated therein and in the capacity indicated:玉半年朝里鞘霊場\Date∴串「 \ 2tth
三吉ミミ
O触cial Signature ofNotary
騨しまsさし　ぬ.色ゝ如し貼貧、
Notary’s printed or typed name, Notary Public
My commission explreS:園田50細田 そらこぞ」