18040_Charlotte Casket Company_LURUModel_2015_12_10

NC BROWNFIELDS

LAND USE RESTRICTIONS (“LUR”) UPDATE

Year Certification Made:2017

Name: Address:
Charlotte Casket Company 1317 Central Avenue (Multiple)
Project #: County:
18040-14-060 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 as a multi-unit
residential complex, including amenity space for residents and an associated parking deck, and
retail uses. 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.“Amenity space” refers to a hardscaped and landscaped courtyard with an in-
ground pool constructed within clean imported fill material, above-ground fire pit,
grilling station, seating areas, and a common use interior club house.

c.“Parking” refers to the temporary accommodation of motor vehicles in an area
designed for same.

d.“Retail” refers to the sale of goods, products, or merchandise directly to the
consumer.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 2:Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by the Department of Environment and Natural Resources (“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

Charlotte Casket Company (#18040-14-060)
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 the
Brownfields Agreement (“Exhibit A” or “Agreement”); and

c.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields).

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 3:Within 90 days after each one-year anniversary of the effective date of the
Agreement 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 2 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: ______________________________________________________________

Charlotte Casket Company (#18040-14-060)

LUR 4: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 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: ______________________________________________________________

LUR 5:After conclusion of the redevelopment period referenced in LUR 2, as
determined by DENR, no activity that disturbs native 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 6: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,

Charlotte Casket Company (#18040-14-060)
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 7: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, 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 grounds maintenance activities,
and only if stored 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.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 8:The Brownfields Property may not be used for agriculture or grazing without
the prior written approval of DENR.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 9:The Brownfields Property may not be used as a park or for ground contact sports
of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior
written approval of DENR.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 10:The Brownfields 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
☐☐

Charlotte Casket Company (#18040-14-060)
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, unless compliance with this Land Use Restriction is waived in writing by DENR in
advance.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

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:Any deed or other instrument conveying an interest in the Property shall contain
the following notice: “The property which is the subject of this instrument is subject to the
Brownfields Agreement attached hereto as Exhibit A and that is recorded in the Mecklenburg
County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions) of the Agreement, 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: 1) 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 XV (Notice and Submissions) of the agreement as
Exhibit A; and 2) the owner may provide abstracts of leases, rather than full copies of said leases,
to the persons listed in Section XV of the Agreement. Instruments which convey leasehold
interests shall remain subject to the record keeping requirements of paragraph 33 of the Agreement
as Exhibit A.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Charlotte Casket Company (#18040-14-060)

LUR 14: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 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 Land Use
Restriction No. 6 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.Alternatively, a property owners’ association or other entity may perform LUR 14’s
duties, on behalf of some or all owners of the Brownfields Property, if said
association or entity has accepted responsibility for such performance pursuant to
a notarized instrument satisfactory to DENR that includes, at a minimum, the name,
mailing address, telephone and facsimile numbers, and e-mail address of each
owner on whose behalf the LURU is proposed to be submitted.
______________________________________________________________

e.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 paragraphs 21 and 22 of the Agreement (attach
documents to submittal).

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.

Charlotte Casket Company (#18040-14-060)
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: _________________