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Home My WebLink About16064_Crown Honda_LURUModel_2015_05_26 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Crown Honda 7001 E. Independence Blvd. Project #: County: 16064-12-060 Mecklenburg 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 Brownfields Property other than for commercial use, specifically a car dealership and associated service garages, car wash and body shop. Additional approved uses include office, retail, and, if the Department of Environment and Natural Resources (“DENR”) issues prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: a.“Office” refers to the rendering of business or professional services. b.“Retail” refers to an activity, the principal use or purpose of which is the sale of goods, products, services or merchandise directly to the consumer. c.“Commercial” refers to a business enterprise. Specific use that is approved is a car dealership. Child care centers or adult care center are prohibited. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Crown Honda (#16064-12-060) LUR 3:No activity that disturbs soil on the Brownfields Property under the existing foundations of Building 1 and Building 2 as depicted on the plat component (Exhibit B) of the Notice of Brownfields Property (“Notice”), may occur unless and until DENR states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DENR 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 de minimis soil removals to depths not exceeding 18 inches, for emergency repair of underground infrastructure, provided that DENR shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DENR shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No building may be constructed on the Brownfields Property unless and until DENR determines in writing that: a.the building would be sufficiently distant from the Brownfields 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.a plan for a vapor intrusion mitigation system, approved in writing by DENR in advance and including a proposed performance assessment for demonstration of the system’s protection of the building’s users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:The Prospective Developer shall conduct annual indoor air sampling in Building 1 and Building 2 Service Garage Area depicted on the plat component of the Notice for a minimum of three consecutive years following execution of the Brownfields Agreement (“Agreement”), or until the buildings are demolished, whichever is sooner. A sampling plan shall be submitted to DENR for review and approval prior to the initial sampling event. The Prospective Developer shall submit the results of each sampling event with each LUR Update as described in LUR 9 below. Upon receipt of data, DENR will review data to determine if additional measures or monitoring is deemed necessary. In compliance Out of compliance ☐☐ Crown Honda (#16064-12-060) Remarks: ______________________________________________________________ LUR 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 to the Agreement, may be used or stored at the Brownfields Property without the prior written approval of DENR, except: a.in de minimis amounts for cleaning and other routine housekeeping activities; b.as components in prepackaged materials used or sold in connection with uses permitted under the Agreement; c.for vehicle maintenance, service, car wash and body work in compliance with applicable law (though vehicle parts and tools may not be washed in chlorinated solvents containing any contaminants known to be present in the environmental media at the Brownfields Property); d.in a double-walled aboveground storage tank and fueling operation in compliance with applicable law with a maximum storage capacity not to exceed 4,000 gallons; and/or e.as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators. For the avoidance of doubt, this paragraph 6 is not intended to prevent the use, storage or other handling of any particular materials or constituents on the Brownfields Property. Instead, it is intended to allow DENR to review and approve of methods and procedures for the handling of materials or constituents so as to assist DENR, if necessary, in reasonably distinguishing such materials or constituents from contamination at the Brownfields Property predating the effective date of the Agreement. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The owner of any portion of the Brownfields 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, unless compliance with this LUR is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Crown Honda (#16064-12-060) LUR 8:Neither DENR, 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 DENR, 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: ______________________________________________________________ LUR 9:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DENR, and to the chief public health and st environmental officials of Mecklenburg County, certifying that, as of said January 1, 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. ______________________________________________________________ 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. ______________________________________________________________ c.the data acquired from annual indoor air sampling in Building 1 and Building 2 Service Garage Area referenced in LUR 5. above for a minimum of three years following execution of this Agreement, or until the buildings are demolished, whichever is sooner. ______________________________________________________________ d.whether any vapor barrier and/or mitigation systems installed pursuant to paragraph 4.b 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. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Crown Honda (#16064-12-060) 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 _____________, owner of at least part of the Brownfields Property 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: ___________________ 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: _________________