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Home My WebLink About16007_The Mill Bldg at Erwin Square (Amended)_LURUModel_2017_01_18 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name:Address: The Mill Bldg at Erwin Square 2024 West Main Street County: (Amended 8-19-2015) Durham Project #: 16007-12-032 Property Owner (In part or whole): _______________________________________________ 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 mixed-use purposes to include high-density residential, hotel, post-secondary education, retail, and office purposes with associated automobile parking and, if the Department of Environment and Natural Resources (“DENR”) issues prior written approval, other uses. For purposes of this restriction, the following definitions apply: a.“Mixed-use” refers to development that combines multiple land uses. b.“High density residential” refers to use as a multi-unit residential building and specifically excludes single family homes. c.“Hotel” refers to the provision of overnight lodging to paying customers, and to associated reservation, cleaning, utilities and on-site management and reception services. d.“Office” refers to the rendering of business or professional services. e.“Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. f.“Post-secondary education” refers to providing instruction or other learning activities for adult students and students beyond the 12th grade including classrooms, laboratories or other facilities associated therewith. The Mill Bldg. at Erwin Square (#16007-12-032) g.“Retail” refers to the sale of goods directly to the consumer. __ In compliance __ Out of compliance Remarks: _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ LUR 2:Surface water and 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 3:(Amended 8-19-2015) No building may be constructed on the Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property (“Notice”), may be occupied until DENR determines in writing that: a.the building would be sufficiently distant from the Property’s groundwater and/or soil contamination that the building’s users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or b.vapor mitigation measures are designed and 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 Vapor Mitigation Plan approved in writing by DENR in advance, including methodology(ies) for demonstrating performance of said measures; and, c.system maintenance and periodic inspections of the approved vapor mitigation system must be performed in association with a request from the Potential Developer for additional LURs dated July 16, 2015. The inspection activities must be logged on at least a weekly basis to ensure the system is operating as The Mill Bldg. at Erwin Square (#16007-12-032) designed and to confirm that the building vapor mitigation system is maintained in continuous proper operation. The records must demonstrate that no greater than 2 consecutive days of inactivity occurred per 6 month period due to maintenance and/or repair unless prior authorization is granted or an exception is approved, such as in the case of a force majeure event, in writing from DENR. Any maintenance activities must also be documented to demonstrate effective management of the system. Because the Prospective Developer demonstrated the vapor mitigation system achieves adequate negative pressures in the Site's crawlspace during operations, the requirements of this paragraph will be performed in lieu of performance testing of the vapor mitigation system. __ In compliance __ Out of compliance Remarks: _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ LUR 4:None of the contaminants known to be present in the environmental media at the Property, including those found in the data tables of Exhibit A and B, 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 or in sealed, pre-packaged containers sold in a retail context, or as constituents of machinery including heaters and air conditioning systems, or as fuels needed for emergency electricity generators. __ In compliance __ Out of compliance Remarks: _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ LUR 5:Except for the use of benches and picnic tables by building tenants and their invitees, the Property may not be used as an outdoor park or as outdoor sports fields of any kind without the prior written approval of DENR. __ In compliance __ Out of compliance Remarks: _____________________________________________________________________ The Mill Bldg. at Erwin Square (#16007-12-032) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ LUR 6:Except for the use as post-secondary education, the Property may not be used as a playground, or for child care centers or schools without the prior written approval of DENR. __ In compliance __ Out of compliance Remarks: _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ LUR 7: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. __ In compliance __ Out of compliance Remarks: _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ LUR 8: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: _____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ The Mill Bldg. at Erwin Square (#16007-12-032) LUR 9: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 Durham County, certifying that, as of said January 1st, the Notice containing these land use restrictions remains recorded at the Durham County Register of Deeds office and 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 Property in fee 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 in fee during the previous calendar year. _______________________________________________________________ _______________________________________________________________ _____________________________________________________________ __ 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 Durham County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by ____________________________, owner of at least part of the Brownfields Property. Name typed or printed of party making certification: ____________________________ The Mill Bldg. at Erwin Square (#16007-12-032) In the case of owners that are entities: Signature of individual signing: ________________________________________ Name typed or printed: ________________________________________ Title: ________________________________________ In the case of all owners: Date: _______________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA __________ 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 Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________