The URL can be used to link to this page

Home My WebLink About18056_Dillon Station Redevelopment_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Dillon Station RedevelopmentAddress: 401-406 W. Hargett; 126-218 S. Harrington St.; 223 S. West St.; 410 W. Martin St. County: Wake Project #: 18056-14-092 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 Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Property other than for offices, parking, retail, high- density residential, and recreational space. For purposes of this restriction, the following definitions apply: A.“Office” refers to the provision of business or professional services; B.“Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. C.“Retail” refers to the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and beverage products; D.“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 may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas, and parking garages; E.“Recreation” is defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 Dillon Station Development (#18056-14-092) LUR Update LUR 2:Physical redevelopment of the Property may not occur other than in accord, as determined by the Department of Environmental Quality (“DEQ”), with an Environmental Management Plan (“EMP”), approved in writing by DEQ in advance (and revised to DEQ'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 Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise 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 8 of Exhibit A (aka: Brownfields Agreement \[“Agreement”\]); C.issues related to potential sources of contamination referenced in paragraph 8 Exhibit A; D.requirements related to underground storage tank (“UST”) removal, closure, and disposal of tanks and tank contents in accordance with requirements and guidance as provided by the DEQ EMP; E.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); F.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; G.removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Property (copies of all legally required manifests shall be included). H.After conclusion of the redevelopment period referenced in this LUR above, as determined by DEQ, no activity that disturbs soil on the Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the 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 disturbance to depths not exceeding 36 inches, mowing and pruning of above-ground vegetation; and, for repair or maintenance of underground infrastructure or utilities. 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 Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: Dillon Station Development (#18056-14-092) LUR Update 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 Property (copies of all legally required manifests shall be included). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Groundwater at the Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:Soil disturbances must be handled in accordance with an approved Living EMP including subsequent DEQ approved modifications to that plan. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 8 of Exhibit A, may be used or stored at the Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities, and as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Dillon Station Development (#18056-14-092) LUR Update LUR 7:The Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The owner of any portion of the Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this LUR is waived in writing by DEQ in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Neither DEQ, 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 DEQ, 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 ☐☐ Remarks: ______________________________________________________________ LUR 10:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials st of Wake County, certifying that, as of said January 1, the Notice of Brownfields Property containing these Land Use Restrictions remains recorded at the Wake County Register of Deeds office and certifying that the Land Use Restrictions are being complied with. A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DEQ. 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 Property during the previous calendar year; ______________________________________________________________ Dillon Station Development (#18056-14-092) LUR Update 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; ______________________________________________________________ C.A joint LURU submitted for multiple owners by a duly constituted board or association shall include the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted; ______________________________________________________________ D.LURU's submitted for rental units shall include the rent roll (though financial figures related to the leases may be redacted) 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 Exhibit A. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:Any deed or other instrument conveying an interest in the Property executed by an owner of any 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 as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records, Book 16542, Page 27.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures related to the conveyance may be redacted. The owner may provide DEQ 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); and (ii) the owner may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV. 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 Wake 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: __________________ Dillon Station Development (#18056-14-092) LUR Update \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________