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HomeMy WebLinkAbout18020_National Color Graphics_LURUModel_2015_10_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: National Color Graphics 1201 Central Avenue Project #: County: 18020-14-060 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 other than a mixed multi-unit residential, office, and retail facility including amenity space for residents and associated parking. For purposes of this restriction, the following definitions apply: a.“Multi-unit residential use” refers to a permanent 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 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 location at which business or professional services are provided. c.“Retail use” refers to the sale of goods, products, or merchandise directly to the consumer. d.“Amenity space” refers to a swimming pool that is constructed at an elevation above native soil, hardscaped pool deck, courtyard, dog run, and community gardens, subject to the restrictions of this Section. e.“Courtyard” refers to a landscaped or hardscaped area for residents’ use for leisure activities. Any such feature shall not disturb native soil at the Brownfields Property without prior approval from the Department of Environment and Natural Resources (“DENR”) and only if compliant with LUR 3.d below. f.“Dog run” refers to an enclosed area designed to allow freedom of movement and a play area for residents’ dogs. Any such feature shall not disturb native soil at the Brownfields Property without prior approval from DENR and only if compliant with LUR 3.d. and LUR 12 below. g.“Community garden” refers to use of shared land to grow vegetables, flowers or other crops. Any such garden shall not disturb native soil at the Brownfields Property without prior approval from the Department of Environment and Natural Resources (“DENR”) and only if compliant with LUR 3.d. and LUR 9 below. National Color Graphics (#18020-14-060) h.“Parking” 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 occupancy 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 20 of the Brownfields Agreement (“Agreement”, aka Exhibit A) 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. 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 attached hereto; c.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and d.a requirement for representative final grade soil sampling of any area of the Brownfields Property that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways to the written satisfaction of National Color Graphics (#18020-14-060) DENR, particularly with regards to any area to be used as a landscaped courtyard, dog run, or community garden. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Within 90 days after each one-year anniversary of the effective date of this th Agreement (Sept. 18) 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 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; 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 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:No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) \[or surface water\] may occur on the Brownfields Property 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ National Color Graphics (#18020-14-060) LUR 6:After conclusion of the redevelopment period referenced in LUR 3 as determined by DENR, 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 above-ground 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:No enclosed 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 from vapor intrusion related to said contamination; or 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 8: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 to the Notice 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 and National Color Graphics (#18020-14-060) grounds maintenance activities, as components in prepackaged materials used or sold in connection with uses permitted under the Agreement attached to the Notice as Exhibit A, or in fuels stored above ground for use in emergency generators at locations in which releases from these storage areas would be distinguishable with certainty from the subject contaminants from any known release at the Brownfields Property that predates the Agreement attached to the Notice as Exhibit A. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Brownfields Property may not be used for agriculture or grazing without pre-approval from DENR based on additional final grade soil sampling, except for use as community gardens planted in constructed raised beds overlying a base layer of geotextile material and two feet of clean fill, or other cover approved in advance by DENR, placed over native soil such that the root zones of plants do not disturb native soil. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Brownfields Property may not be used as a park or for ground contact sports including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DENR except in areas where two feet of clean fill, or another cover approved in writing in advance by DENR, are installed to DENR’s written satisfaction, and maintained and left undisturbed other than through normal recreational use. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Brownfields Property may not be used as a playground, or for child care centers or schools, except in areas where two feet of clean fill, or another cover approved in writing in advance by DENR, are installed to DENR’s written satisfaction, and maintained and left undisturbed other than through normal playground, child care center or school use. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ National Color Graphics (#18020-14-060) LUR 12:The Brownfields Property may not be used for kennels, private animal pens or dog runs, except in areas where two feet of clean fill, or another cover approved in writing in advance by DENR, are installed to DENR’s written satisfaction, and maintained and left undisturbed other than through normal kennel, animal pen or dog run use. This land use restriction does not preclude legal household pets kept in compliance with law. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13: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 land use restriction is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 14: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. a.15. Any deed or other instrument conveying an interest in the Brownfields Property executed by an owner of any interest in the Brownfields Property shall contain the following notice: “The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book 30297, Page 780.” A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices and Submissions), though financial figures related to the conveyance may be redacted. An owner may use the following mechanisms to comply with the obligations of this paragraph, subject to the following terms and conditions: 1) If every lease and/or rider is identical in form, the owner may provide DENR 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 XVI (Notice and Submissions); or 2) the owner may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVI. Instruments which convey leasehold interests shall remain subject to the record keeping requirements of paragraph 33 of the Agreement attached to the Notice as Exhibit A. In compliance Out of compliance ☐☐ National Color Graphics (#18020-14-060) Remarks: ______________________________________________________________ LUR 15:During January of each year after the year in which the Notice referenced in paragraph 20 of the Agreement attached to the Notice as Exhibit A is recorded, the owner of any st 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 environmental st 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 certifying that the land use restrictions are being complied with. In addition to said certification of land use restriction compliance, the LURU shall provide the following information: 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 vapor barrier and/or mitigation systems installed pursuant to LUR 7 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. ______________________________________________________________ d.An LURU submitted for rental units 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 LUR 15, and paragraphs 21 and 22 of the Agreement attached to the Notice as Exhibit A. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ National Color Graphics (#18020-14-060) 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: _________________