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HomeMy WebLinkAbout18004_Tremont Redevelopment_LURU Model NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Tremont Redevelopment 307, 327 & 349 W. Tremont Ave Project #: County: 18004-14-060 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, unless the Department of Environment and Natural Resources (“DENR”) agrees in writing in advance, other than for mixed use high-density residential overlying ground-floor office and retail use with an in-ground pool for residents and associated parking. For purposes of this restriction, the following definitions apply: a."High-density residential" use refers to a multi-unit dwelling such as a condominium, apartment, group home, dormitory or boarding house where residential units are attached to each other with common walls and any property outside of the dwelling structure is common to the residents and not privately owned as part of an individual dwelling unit. b."Office" use refers to the provision of business or professional services. c."Retail" use refers to the sale of goods directly to the consumer. d."Parking" use refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Unless compliance with this LUR is waived in writing in advance by DENR in relation to particular buildings, no residential use of the Brownfields Property may occur prior to demolition of all buildings on the Brownfields Property depicted on the plat component of the Notice of Brownfields Property (“Notice”) referenced in paragraph 19 of the Exhibit A (aka: Brownfields Agreement) in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. Tremont Redevelopment (#18004-14-060) In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DENR, with an Environmental Management Plan (“EMP”) approved in writing by DENR in advance (and revised to DENR'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 paragraph 7 of Exhibit A. c.plans for addressing the remaining known underground storage tank (UST) at the Brownfields Property, including confirmatory soil sampling upon removal of the remaining UST to DENR's satisfaction; d.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and e.plans for confirmatory final grade sampling of exposed native soils prior to construction of onsite structures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Each January for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall in January after the conclusion of each separate physical redevelopment phase), the then owner of the Brownfields Property shall provide DENR a report subject to written DENR approval on environment-related activities since the last report, with a summary and drawings, that describes: a.actions taken in accordance with the plan required by LUR 3 above; b.soil grading and cut and fill actions; c.methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media, including imported fill materials; 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; and Tremont Redevelopment (#18004-14-060) 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). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DENR. In accordance with the Groundwater Monitoring Plan specified in the Removal Action Completion Report, Former Virginia-Carolina Chemical Corporation Site, Charlotte, NC (Arcadis, May 2014, revised August 2014) prepared for ExxonMobil, existing groundwater monitoring wells on the Brownfields Property, MW-I, MW-2, MW-3, MW-4, MW-5, MW-6, andMW-7, are included in groundwater monitoring program commencing in 2015 and continuing for a minimum of a five-year period. The Brownfields Property owner will attempt to protect wells MW-1 through MW-7 from damage during all pre- construction, redevelopment, and other activities. If site activities will compromise or damage any of the wells that are to be retained, the Brownfields Property owner will cease such activities in these areas. Prior to continuing with the activities in those areas, the Brownfields Property owner shall, on a schedule acceptable to DENR, and with reasonable notice to ExxonMobil, effect said abandonment and, within 30 days after doing so, provide DENR a report, subject to DENR approval, setting forth the procedures and results. The Brownfields Property owner shall be required to effect the relocation of any well abandoned in accordance with the preceding sentence within 30 days of the completion of the activities affecting said wells, or pursuant to a schedule approved by DENR and the U.S. EPA, if such well or wells are required to enable ExxonMobil to fulfill its groundwater monitoring requirements. Within 90 days, or other schedule as approved by DENR, after the Brownfields Property owner has been notified that ExxonMobil (or its corporate successor) wholly satisfied its monitoring obligations as to groundwater at the Brownfields Property to the satisfaction of EPA and DWM Inactive Hazardous Sites Branch Federal Remediation Branch, the Brownfields Property owner shall notify DENR that it is ready to effect the abandonment of all groundwater monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property, or a subset of those aforementioned points of groundwater access at the Brownfields Property that are no longer needed for monitoring purposes, are ready to be abandoned in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code. Unless DENR notifies the Brownfields Property owner within 10 days of receiving such notification to refrain from such abandonment, the Brownfields Property owner shall, on a schedule acceptable to DENR, affect said abandonment and, within 30 days after doing so, provide DENR a report, subject to DENR approval, setting forth the procedures and results. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Tremont Redevelopment (#18004-14-060) LUR 6:Except for the soil excavation activities to be conducted by ExxonMobil as described in Removal Action Work Plan (Arcadis, December 2012), and in any revisions to that work plan that are made to the satisfaction of DENR and US EPA, no activity that disturbs soil on the Brownfields Property 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, mowing and pruning of aboveground vegetation; and, 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 7:Exposure to native soil shall be minimized by maintaining a protective cover or cap over the surface of the Brownfields Property, which shall consist of building foundations, asphalt paving or concrete surface material, or other impervious hardscape material. Landscaped areas may be incorporated into the cover design, but shall be constructed with a minimum of one foot of compacted clean fill or topsoil over native soil, unless sampling demonstrates that the exposed soil is safe for the intended reuse. The in-ground pool will be constructed above a minimum of two feet of clean imported fill material. The owner(s) of any portions of the Brownfields Property containing the cap approved by DENR shall be responsible for inspecting on a periodic basis and maintaining such surfaces in good repair so that they retain their integrity and that the infiltration of surface water beneath the cap is minimized, whether or not another party has made a commitment to perform any part of said maintenance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:No building may be constructed on the Brownfields Property unless and until DENR determines in writing that: a.it is demonstrated to DENR's written satisfaction through a site-specific risk assessment, that the building is protective of the building's users, public health and the environment from risk of vapor intrusion; b.it is demonstrated, pursuant to a DENR approved plan, and subject to DENR's approval, that the building would be or is 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 of vapor intrusion related to said contamination; or Tremont Redevelopment (#18004-14-060) c.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 9:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in paragraph 7 of the Agreement attached as Exhibit A, may be used or stored at the Brownfields Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Brownfields Property may not be used for agriculture or grazing. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Brownfields Property may not be used as a park, greenway trail, or for sports involving ground contact, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DENR except in areas where at least two feet of demonstrably clean fill, or another cover approved in writing in advance by DENR, are installed to DENR's written satisfaction, delineated to DENR's written satisfaction as "Recreation Approved" areas on the plat component of the Notice referenced in paragraph 19 of the Agreement attached as Exhibit A, maintained, and left undisturbed other than through normal park, greenway, or sports use. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Tremont Redevelopment (#18004-14-060) LUR 12: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: ______________________________________________________________ LUR 13: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 14:During January of each year after the year in which the Notice referenced in paragraph 19 of the Agreement attached as Exhibit A is recorded, the owner of any part of the st 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 environmental officials of st 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.whether any soil caps installed pursuant to LUR 7 above are being maintained such that they are intact, uncompromised, in good condition and continuing to serve as barriers to the soil contamination in relation to which they were installed. ______________________________________________________________ d.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 8 above are performing as designed, and whether the uses of the ground floors of any Tremont Redevelopment (#18004-14-060) buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ e.if a LURU is submitted for rental units, it 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 paragraphs 20 and 21 of the Agreement attached as Exhibit A to the Notice. ______________________________________________________________ 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 _____________, 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: _________________