HomeMy WebLinkAbout20034_Metrolina Expo_CLPF Metrolina_LURU21NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2021
Name: Metrolina Expo
Project #: 20034-16-060
Address: 7100, 7320 Statesville Road
County: Mecklenburg
Property Owner (In part or whole): CLPF METROLINA LLC, a Delaware limited liability
company
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 industrial,
warehousing, office, parking, retail, and subject to DEQ’s prior written approval, other commercial
uses. For purposes of this restriction, the following definitions apply:
a. Industrial is defined as the manufacturing, assembly, fabrication, processing,
warehousing or distribution of goods or materials.
b. Warehousing 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 of a group of establishments in a particular type of industry or commercial
activity.
c. Office is defined as the provision of business or professional services.
d. Parking is defined as the temporary accommodation of trailers and motor vehicles in an
area designed for the same.
e. Retail is defined as the sale of goods or services, products, or merchandise directly to
the consumer or businesses and includes showrooms, personal service, including the
sales of food and beverage products.
f. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee.
☒ In compliance ☐ Out of compliance
Remarks: The Metrolina Expo Brownfields property consists of approximately 105.5 acres and
is currently being redeveloped as the Metrolina Industrial Park. CLPF METROLINA LLC is the
property owner of the 4901 Gibbon Road, 5224 Gibbon Road, 5321 Gibbon Road, 7110 Expo
Metrolina Expo (#20034-16-060) LUR Update
Drive, 7224 Statesville Road, and 7320 Statesville Road parcels parcel located on the
Brownfields property. Planned use of these parcels is in compliance with LUR 1.
LUR 2: The Brownfields Property may not be used for child care centers, adult care
centers, or schools without the prior written approval of DEQ.
☒ In compliance ☐ Out of compliance
Remarks: The property is not used for child care centers, adult care centers, or schools.
LUR 3: Groundwater at the Brownfields Property may not be used or exposed for any
purpose, other than in connection with legally compliant storm water collection and reuse
techniques, without the prior written approval of DEQ.
☒ In compliance ☐ Out of compliance
Remarks: Groundwater at the Brownfields property is not being used for any purpose.
LUR 4: 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 Land Use Restriction I above while fully protecting public
health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24 inches;
b. in connection with mowing and pruning of above-ground vegetation and;
c. in connection with 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; or
d. in connection with work conducted in accordance with a DEQ-approved Environmental
Management Plan (“EMP”) as outlined in LUR 8.
☒ In compliance ☐ Out of compliance
Remarks: As noted above, the property is currently being redeveloped for industrial use.
Redevelopment activities are being conducted in accordance with the DEQ Brownfields
approved Environmental Management Plan dated July 14, 2016.
LUR 5: No use of the Brownfields Property as outlined in LUR 1 may occur more than
90 days after the completion of each applicable phase of redevelopment until the then owner of
Metrolina Expo (#20034-16-060) LUR Update
the Brownfields Property conducts representative final grade soil sampling of any area where
landfarm soils will be exposed, pursuant to a plan approved in writing by DEQ.
☒ In compliance ☐ Out of compliance
Remarks: Final grade soil samples were collected from areas of potentially exposed landfarm
soils in accordance with the DEQ Brownfields approved Data Gap Closure and Final Grade
Sampling Work Plan – Revision 1 prepared by Hart & Hickman, PC on May 17, 2017. Final
grade sampling and other redevelopment activity updates were documented in a 2017 Annual
Redevelopment Update and Final Grade Sampling Report prepared by Hart & Hickman on
January 31, 2018. Redevelopment activities conducted in 2018 were documented in a 2018
Annual Redevelopment Update Report prepared by Hart & Hickman on February 4, 2019.
LUR 6: 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 Environmental Management Plan as outlined in LUR
8.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 7: Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
☒ In compliance ☐ Out of compliance
Remarks: Surface water at the Brownfields property is not being used for any purpose.
LUR 8: Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan 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:
a. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2 of the
Brownfields Agreement (“Agreement”, aka: Exhibit A).
Metrolina Expo (#20034-16-060) LUR Update
c. 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); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment;
☒ In compliance ☐ Out of compliance
Remarks: Redevelopment activities are being conducted in accordance with the DEQ
Brownfields approved Environmental Management Plan dated July 14, 2016.
LUR 9: As part of the Land Use Restriction Update described below in LUR 14 for each
year after the year in which the Notice of Brownfields Property (“Notice”) is recorded, 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 LURU, with a summary and drawings, that describes:
a. actions taken on the Brownfields Property in accordance with Section V: Work to be
Performed of Exhibit A;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
d. 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;
e. 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);
f. the final placement of all soils formerly located within the petroleum landfarm area.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 10: 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 compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Metrolina Expo (#20034-16-060) LUR Update
LUR 11: 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 Mecklenburg County land
records, Book 31912, Page 840.” A copy of any such instrument shall be sent to the persons listed
in Section XV (Notices and Submissions) of Exhibit A, 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 conveying an interest may use the following mechanisms to comply with the
obligations of this paragraph, (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
paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV
(Notices and Submissions) of Exhibit A; 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 of
Exhibit A.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 12: None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of Exhibit A 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 products and materials customarily used and stored in industrial,
warehousing, office, parking, retail and, with prior written DEQ approval, other
commercial environments, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws;
c. 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; and
d. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on-board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons.
☒ In compliance ☐ Out of compliance
Remarks: Current tenant operations are in compliance with LUR 12.
LUR 13: 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
Metrolina Expo (#20034-16-060) LUR Update
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 Land Use Restriction is waived in writing
by DEQ in advance.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 14: 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 Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Mecklenburg 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, 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;
CLPF METROLINA LLC c/o Clarion Partners LLC, 1717 McKinney Avenue, Suite
1900, Dallas, TX 75202, Phone # 214-647-4900, Contact Person: Ryan Bandy,
Ryan.Bandy@clarionpartners.com
b. the transferee’s name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf the joint
LURU is submitted, transferred any part of the Brownfields Property during the
previous calendar year;
BIN – Metrolina LLC, BIN – ST7224 LLC, BIN – GR5224 LLC, and BIN – GR5224 LLC; 500 E.
Morehead Street, Suite 200, Charlotte, NC 28202, Phone # 704-597-7757, Contact Person: Jon
Morris, Jon@beacondevelopment.com
c. whether all products containing hazardous substances used or stored at the Brownfields
Property are being managed in compliance with LUR 12.
______________________________________________________________
d. A joint LURU may be submitted for multiple owners by a duly constituted board or
association and 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.
______________________________________________________________
Metrolina Expo (#20034-16-060) LUR Update
e. A LURU 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 LUR 11 and paragraphs 21 and 22 of Exhibit A.
______________________________________________________________
f. A property owners’ association or other entity may perform this LURU’s duties, on
behalf of some or all owners of the Brown-fields Property, if said association or entity
has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone
and facsimile numbers, and e-mail address of each owner on whose behalf the LURU
is proposed to be submitted.
______________________________________________________________
☒ 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 Mecklenburg County Register of
Deeds office and that the Land Use Restrictions are being complied with.
This Land Use Restrictions Update is certified by CLPF METROLINA LLC, owner of at least
part of the Brownfields Property on this ___ day of January, 2021.
Name typed or printed of party making certification: CLPF METROLINA LLC
[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]
CLPF METROLINA LLC, a Delaware limited liability company
By: Clarion Lion Properties Fund Holdings, L.P., its sole member
By: CLPF-Holdings, LLC, its general partner
By: Clarion Lion Properties Fund Holdings REIT, LLC, its sole
member
By: Clarion Lion Properties Fund, LP, its managing member
By: Clarion Partners LPF GP, LLC, its general partner
By: Clarion Partners, LLC, its sole member