22053_Carolina Coach Co_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2021Project:
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]
Land Uses
No use may be made of the Brownfields Property other than for multi-family residential, office, retail, parking and associated amenity uses, and with prior written Department of Environmental
Quality (“DEQ”) approval, other commercial uses. Associated amenity uses may include pools, clubhouses, courtyards, common areas, and recreation areas. For purposes of this restriction,
the following definitions apply:
“Multi-Family Residential” is defined as multi-unit human dwellings, such as condominia or apartments that are contained in one building or a group of buildings within one complex and
that can be constructed side by side or stacked vertically. Single family homes are prohibited; townhomes, duplexes, or other units with private ownership of yards are prohibited unless
approved in writing by DEQ in advance.
“Office” is defined as a place where the business or professional services are provided.
“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. For the purposes of this Agreement, this excludes use as a dry cleaner
using chlorinated solvents or other operation which uses chlorinated solvents.
“Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same.
“Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. For the purposes of this Agreement, this excludes use as a dry cleaner using
chlorinated solvents or other operation which uses chlorinated solvents.
In complianceOut of compliance
Remarks:
Specific Prohibitions
The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.
In complianceOut of compliance
Remarks:
Environmental Management Plan and Redevelopment Reports
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:
demolition of existing buildings, if applicable;
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 of 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); and
plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of excavated soil during redevelopment.
In complianceOut of compliance
Remarks:
Within 90 days after each one-year anniversary of the effective date of the Agreement 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 VI: 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:

Groundwater
Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ 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.
In complianceOut of compliance
Remarks:
Soil
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 4.
In complianceOut of compliance
Remarks:
No use of 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, of any area that is not covered by building foundations, sidewalks, 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 4.
In complianceOut of compliance
Remarks:
Vapor
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 referenced
in paragraph 17 of the Agreement, 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 site assessment data 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 and performance of said measures, and
to DEQ. 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.
In complianceOut of compliance
Remarks:
Access
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:
Monitoring Wells
Within 60 days after the effective date of the Agreement or prior to land disturbance activities, Prospective Developer shall abandon all monitoring wells, injection wells, recovery
wells, piezometers and other man-made points of groundwater access at the Brownfields Property, except those wells required by the DEQ UST Section, in accordance with Subchapter 2C of
Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report,
setting forth the procedures and results.
In complianceOut of compliance
Remarks:
Except for the work related to LUR 12 above, 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:
Notification of Tenants
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 18707, Page 744.” A copy of any such instrument shall be sent to the persons listed in
Section XVII (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 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 XVII (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 XVII.
In complianceOut of compliance
Remarks:
Separating Old from New Contaminants
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:
in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; or
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 complianceOut of compliance
Remarks:
Land Use Restriction Update
During January of each year after the year in which the Notice of Brownfields Property referenced in paragraph 17 of the Agreement is recorded, the owner of any part of the Brownfields
Property as of January 1stof 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. If the Brownfields Property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they
owned the Brownfields Property. 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 a 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, or each of the owners on whose behalf a joint LURU is submitted, transferred
any part of the Brownfields Property during the previous calendar year;
the current parcel number(s) and combined property tax value for all parcels comprising the Brownfields Property;
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 10 above are performing as designed, and whether the uses of the ground floors, including any tenant renovations,
of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said
system.
In complianceOut of compliance
Remarks:
A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brownfields 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 complianceOut of compliance
Remarks:
Notarized signing and submittal of this LUR Updateconstitutes certification that the Notice of Brownfields Propertyremains recorded at theCounty Register of Deeds offices and that the
LURsare 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: