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Home My WebLink About18036_Hendrick Durham Auto Mall_LURUModel_2015_07_31 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Hendrick Durham Auto Mall 464 E. Pettigrew St. (multiple) Project #: County: 18036-14-32 Durham 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 a mixed use Transit Oriented Development consisting of high density residential, transit, office, warehousing, parking garages, retail and/or hotel and restaurant uses; however, other uses, as well as all support and maintenance activities associated with each use, may be made of the Brownfields Property that are a) consistent with the Durham Unified Development Ordinance, Downtown Design District, or other applicable zoning ordinance, and b) approved in advance and in writing by the Department of Environment and Natural Resources (“DENR”). For purposes of this restriction, the following definitions apply: a.“High Density Residential” shall mean permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit, and shall include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages; b.“Transit” shall mean a station or a stop for public transportation (for example but not limited to, train station, metro station, tram or bus stop) facilitating the use of such transportation options, or the proximity to such transportation; c.“Office” shall mean a place where business or professional services are conducted or rendered, including but not limited to personal, business, professional, medical and dental offices; d.“Retail shall mean the sale of goods directly to the consumer; e.“Hotel” shall mean a facility that provides short-term lodging to paying customers, and to associated reservation, cleaning, utilities and on-site management and reception services; f.“Restaurant” shall mean a facility where food and/or beverages are prepared and served for consumption by paying customers; and g.“Warehousing” refers to use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among Hendrick Durham Auto Mall (#18036-14-032) others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Any demolition of buildings on the Brownfields Property during the Brownfields Property’s redevelopment shall be conducted 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 with an Environmental Management Plan (“EMP”), approved in advance and in writing by DENR, 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 (aka: Brownfields Agreement); and c.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields, etc.). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No building may be constructed on the Brownfields Property until DENR: a.determines in writing, based on submittals from the building’s proponent, that the building’s users, and public health and the environment, would not be at risk from a volatile contaminant plume at the Brownfields Property; or Hendrick Durham Auto Mall (#18036-14-032) b.approves in writing vapor mitigation measures for the building. If this option is selected, the building may not be used until the measures are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s seal in a submittal to DENR, and photographs illustrating the installation and a brief narrative describing it are submitted to DENR and deemed satisfactory in writing by that agency. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6: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) may occur on the Brownfields Property without prior sampling and analysis of groundwater to the written satisfaction of DENR in any areas proposed for such activities, and submittal of the analytical results to DENR. If DENR determines that such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DENR imposes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:After conclusion of the redevelopment period referenced in LUR 3 above, as determined by DENR, no activity that disturbs soil on the Brownfields Property may occur unless in accordance with the DENR-approved EMP referenced above in said LUR 3. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Hendrick Durham Auto Mall (#18036-14-032) LUR 8:No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DENR, vented in conformance with applicable building codes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those referenced in paragraph 7 of Exhibit A, 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) in fluids in vehicles, (c) in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in the original packaging or containers. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Hendrick Durham Auto Mall (#18036-14-032) LUR 12: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 13: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 Durham County, certifying that, as of said January 1, the Notice containing these land use restrictions remains recorded at the Durham 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 vapor barrier and/or mitigation systems installed pursuant to LUR 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: ______________________________________________________________ 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 on this ___day of _________, 20__. Name typed or printed of party making certification: __________________ Hendrick Durham Auto Mall (#18036-14-032) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________