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Home My WebLink About18047_Moore Place_LURU Model_2015_12_11 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Moore Place 2435 Lucena Street Project #: County: 18047-14-060 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 Property other than for High Density Residential, Office, Farmer's Market and associated automobile Parking. For purposes of this restriction, the following definitions apply: A."High Density Residential Use" refers to permanent dwellings, 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 dwelling1 unit. B."Office Use" refers to personal, business, professional office and medical related uses (except hospitals). C."Parking" refers to the temporary accommodation of motor vehicles in an area designed for same. D."Farmers Market" refers to a food market at which local farmers and merchants sell fruit and vegetables and often meat, cheese, prepared foods, crafts and bakery products directly to consumers. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Physical redevelopment of the Property may not occur other than in accord, as determined by DENR, with an Environmental Management Plan ("EMP") approved in writing by the Department of Environment and Natural Resources (“DENR”) in advance (and revised to DENRs written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities al the Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise Moore Place (#18047-14-060) from use of the 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.potential sources of the contamination referenced in paragraph 7 of the Brownfields Agreement (aka: “Exhibit A”); C.surface soil sampling for any soil areas that are planned to be exposed after the planned development, and subsurface soil sampling, as required by DENR; D.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and E.plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Groundwater at the Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No activity that disturbs soils on the Property (Exhibit B; aka: Plat) may occur unless it is in accordance with the approved EMP. Disturbance of soils not covered under the approved EMP may not occur 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 Property will be suitable for the uses specified in subparagraph 13.a. of Exhibit A while fully protecting public health and the environment, except in connection with mowing and pruning of above-ground vegetation, landscape plantings that do not exceed 24 inches in depth; 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: ______________________________________________________________ Moore Place (#18047-14-060) LUR 5:No new building or building addition to that shown on the plat component of the Notice of Brownfields Property ("New Construction") may be constructed on the Property until either of the activities outlined in the paragraphs below (and paragraph 13.e.i. or 13.e.ii of the Exhibit A) occur: A.DENR 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 the Property's volatile contaminant plume; or B.vapor mitigation measures are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s seal on a report that includes photographs and a description of the installation and performance of said measures. All vapor mitigation measures shall be installed or implemented in accordance with a plan approved in writing by DENR in advance, including methodology(ies) for demonstrating performance of said measures. The vapor mitigation system used under the existing buildings on the Property, defined as those buildings depicted in Exhibit B of the Notice of Brownfields Property, is approved by DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:Within ninety (90) days of the effective date of this Agreement, a Vapor Mitigation Operations and Maintenance ("O&M") Plan shall be prepared by a professional engineer licensed in North Carolina and approved by DENR. The purpose of the Vapor Mitigation O&M Plan shall be to maintain and verify the performance of the vapor mitigation systems (if any) under any existing buildings and New Construction on the Property. The Vapor Mitigation O&M Plan may be amended from time to time or canceled with DENR's prior written approval. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of Exhibit A, may be used or stored at the Property without the prior written approval of DENR, except: A.in de minimis amounts for cleaning and other routine housekeeping activities; B.as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment or in nonflammable liquid storage containers totaling no more than 25 gallons; and/or Moore Place (#18047-14-060) C.as constituents of products and materials customarily used and stored in High Density Residential, Office or Farmer's Market environments, provided such products and materials are used, stored, in original retail packaging and disposed of in accordance with applicable laws. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The 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 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 ☐☐ Remarks: ______________________________________________________________ LUR 10:The owner of any portion of the 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 11:Neither DENR, nor any party conducting environmental assessment or remediation at the 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 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 Property. In compliance Out of compliance ☐☐ Moore Place (#18047-14-060) Remarks: ______________________________________________________________ LUR 12:Any deed or other instrument conveying an interest in the Property executed by an owner of any interest in the Property shall contain the flowing 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 29825, Page 874." 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. If DENR issues prior, written approval, an owner may use the following mechanisms to comply with the obligations of this paragraph, subject to the terms and conditions that OENR may establish in such approval: 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); and. 2) the owner may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVI. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13:During January of each year after the year in which this Notice of Brownfields st Property is recorded, the owner of any part of the Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the chief public st health and 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 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 Property during the previous calendar year. ______________________________________________________________ Moore Place (#18047-14-060) C.whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 13.e(ii). of Exhibit A are performing as designed and pursuant to the Vapor Mitigation O&M Plan 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: ______________________________________________________________ LUR 14:Recreational activities, the Farmer's Market and raised bed cultivation activities are prohibited on the portion of the property that lies between the existing 85-bed building unit and Moretz Avenue. 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: __________________ Moore Place (#18047-14-060) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________