22055_Charlotte Oil & Fert Works_2151 Hawkins_LURU21

NC BROWNFIELDS
Land Use Restrictions ("LUR") UPDATE
Year Certification Made: 2021
Project: Charlotte Oil &Fertilizer Works Address: 2151 Hawkins Street
Project Number: 22055-18-060 County: Mecklenburg
Property Owner (In part or whole) /Association: 2151 Hawkins, LLC
Read the following LURs and mark each restriction accordingly. Additional remarks may be added for
compliance status clarification. Attach an~quired 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]
LUR 1: No use may be made of the Brownfields Property other than, office, retail,
restaurant, parking, and with prior DEQ approval, other commercial uses. For purposes of this
restriction, the following definitions apply:
a. "Office" defined as the provision of business or professional services;
b. "Retail" defined as the sale of goods or services, products, or merchandise directly
to the consumer or businesses and includes showrooms, person service, and the
sales of food and beverage products;
c. "Restaurant" defined as a commercial business establishment that prepares and
serves food and beverages to patrons.
d. "Parking" defined as the temporary accommodation of motor vehicles in an area
designed for same.
e. "Commercial" defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee.
~ In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with an Environmental Management Plan (EMP) approved by the North Carolina
Department of Environmental Oualitv (NCDEOI. 2151 Hawkins, LLC has no knowledge of anv
violations of this land use restriction.
Construction activities were on-goin ~t gh the end of 2020.
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.
D In compliance ❑Out of compliance
Charlotte Oil &Fertilizer Works (#22055-18-060) LUR Update
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ge of any
violations of this land use restriction.
Construction activities were on-~ ~t ~h the end of 2020.
LUR 3: Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
~ In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ~e y
violations of this land use restriction.
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 LUR 1 above while fully protecting public health and the
environment, except:
a. in connection with landscape planting to depths not exceeding 24";
b. mowing and pruning of above-ground vegetation;
c. 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;
d. in connection to work conducted in accordance with a DEQ-approved EMP as
outlined below in LUR 9.
D In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ~e y
violations of this land use restriction.
Construction activities were on-goy ins through the end of 2020.
Charlotte Oil &Fertilizer Works (#22055-18-060) LUR Update
LUR 5: 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 below in LUR 9.
❑X In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ~e y
violations of this land use restriction.
Construction activities were on-~ gthrough the end of 2020.
Soil export was performed in accordance with the approved EMP.
LUR 6: No enclosed building may be constructed on the Brownfields Property nor be
occupied until DEQ determines in writing that:
a. the building is or would be protective of the building's users, public health and the
environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
b. 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
c. vapor intrusion mitigation measures are installed and/or implemented 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 and performance of said measures. Any design
specification for vapor intrusion mitigation measures shall be approved in writing
by DEQ in advance of installation and/or implementation of said measures. The
design specifications shall include methodology(ies) for demonstrating
performance of said measures.
D In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable invcstigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled e fof any
violations of this land use restriction.
Construction activities were on-loin gthrou~h the end of 2020 and no enclosed building
occupied.
Charlotte Oil &Fertilizer Works (#22055-18-060) LUR Update
LUR 7: No disturbance or alteration of the slab within the existing building footprint,
defined as depicted on the plat component of the Notice of Brownfields Property, may occur unless
in accordance with a DEQ approved EMP.
~ In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled e of any
violations of this land use restriction.
Construction activities were on-~~ through the end of 2020.
The slab was demolished and removed in accordance with approved EMP.
LUR 8: 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: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ~e of any
violations of this land use restriction.
LUR 9: Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an 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 daa~~e5~~~ 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;
c. contingency plans for addressing, including without limitation the testing of soil
and groundwater, newly discovered potential sources of environmental
Charlotte Oil &Fertilizer Works (#22055-18-060) LUR Update
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators,
soil contamination);
d. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment;
e. final grade soil sampling.
D In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ge of any
violations of this land use restriction.
Construction activities were on-fig through the end of 2020; therefore, final grade sampling
has yet to be performed.
Soil was characterized and exported in accordance with the approved EMP.
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: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ~e of any
violations of this land use restriction.
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 34192, Page 639." A copy of any such instrument shall 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 conveying an interest 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.
Charlotte Oil &Fertilizer Works (#22055-18-060) LUR Update
D In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ~e y
violations of this land use restriction.
LUR 12: None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of 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:
a. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities; and
b. in fluids in vehicles.
c. 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;
D In compliance ❑Out of compliance
Remarks: 2151 Hawkins, LLC makes this certification upon its best information and belief after
reasonable investigation. 2151 Hawkins, LLC is conducting redevelopment activities in
accordance with a NCDEQ-approved EMP. 2151 Hawkins, LLC has no knowled ~e of any
violations of this land use restriction.
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 1 st 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 submitting the LURU if said owner acquired any part
of the Brownfields Property during the previous calendar year;
Not Applicable
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;
Charlotte Oil &Fertilizer Works (#22055-18-060) LUR Update
Not Applicable
c. whether any vapor barrier and/or mitigation systems installed pursuant to LUR 6
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.
Construction activities were on- ~oin ~t ~h the end of 2020. A vapor intrusion
miti at~ystem has been partially installed but is not operational at he the time
this certification was made.
~ In compliance ❑Out of compliance
Remarks: CC LoSo Station makes this certification upon its best information and belief after
reasonable investigation. CC LoSo Station is conducting redevelopment activities in accordance
with a NCDEQ-Approved EMP. CC LoSo Station has no knowled ~e y violations of this
land use restriction.
The LURU Document is expected to be submitted to NCDEQ and to the Mecklenburg County
Health Director by January 31, 2021.
Charlotte Oil &Fertilizer Works (#22055-18-060) LUR Update
Notarized signing and submittal of this LUR Update constitutes certification that the Notice of
Brownfields Property remains recorded at the Mecklenburg County Register of Deeds offices and
that the LURs are being complied with.
This LUR Update is certified by 2151 Hawkins, LLC, the owner of at least part of the Brownfields
Property, or if appropriate another entity on behalf of some or all owners, on this ~ S~ day of
~e4Yk~, 2~ 2~
Name typed or printed of party making certification: z1Sl ~~w~~~ws , Lc-G
[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]
By: ~' ~✓~ ~~~~WL3 signature)
Name type or printed: 5. ~c~-~rso~, ~✓~cwwk~
Title typed or printed: - ~~,-(~,,,,~ 2e d S~~w~~ ry
~~~~ COUNTY
I certify that the following persons) 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: -
S. ~c.~~lso~ C~~ec~wa.~- ~,.~~~~zec~ S~y~.a'Cu~ ~~~ tto~wK-~^S
Date: oa• v ~~ a~a~
Official Signat e of Notary
C-w.,`~ ~ie~
Notary's print r typed name, Notary Public
(Official Seal) My commission expires: ° ~' •~ 4• a~a3
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