18002_Precision Dynamics_LURUModel_2016_04_28

NC BROWNFIELDS

LAND USE RESTRICTIONS (“LUR”) UPDATE

Year Certification Made:2017

Name: Address:
Precision Dynamics 1033 Carter Avenue
Project #: County:
18002-14-060 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 for brewery, retail,
office, restaurant, and, if the Department of Environmental Quality (“DEQ”) issues prior written
approval, other commercial uses. Initial plans for redevelopment include a brewery and catering
business and associated uses. For purposes of this restriction, the following definitions apply:

a.“Brewery” refers to an establishment for the production, warehousing, distribution
and sale of beverages, including without limitation beer and ale. Warehousing and
distribution is the storage of product and dock space for loading and shipment to
vendors;

b.“Retail” refers to the sale of goods, products, or merchandise directly to the
consumer including the sales of food and beverage products;

c.“Office” refers to the rendering of business or professional services including
services in support of a brewery and catering business and related facilities and
activities;

d.“Restaurant” refers to a business where meals are prepared and served to paying
customers. This also includes a brewery as establishment for sale of beverages,
including beer and ale and catering business as a food and beverage service; and

e.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or
licensee.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Precision Dynamics (#18002-14-060)

LUR 2:Child care centers or adult care centers or schools are prohibited without written
approval of DEQ.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 3:Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in
writing by DEQ in advance 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 and
8 of Exhibit A to the Notice of Brownfields Property (“Notice”); 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 4:Within 90 days after each one-year anniversary of the effective date of the
Brownfields Agreement (“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 DEQ a report subject to
written DEQ 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
☐☐

Precision Dynamics (#18002-14-060)

Remarks: ______________________________________________________________

LUR 5:After conclusion of the redevelopment period referenced in paragraph 3 above,
as determined by DEQ, no activity that disturbs soil on the Brownfields 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 Brownfields Property
will be suitable for the uses specified in LUR 1 above while fully protecting public health and the
environment, except that the Prospective Developer need not obtain approval if such activity is
conducted in accordance with the EMP. Notwithstanding the above, the Prospective Developer
may conduct landscaping activities including without limitation mowing, pruning of above-ground
vegetation, and landscape plantings (providing total depth of the final soil cover is not
compromised and the work does not penetrate into impacted soils), as well as emergency repair of
underground infrastructure, provided that DEQ 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 DEQ shall be taken.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 6:Surface water and groundwater at the Brownfields Property may not be used for
any purpose without the prior written approval of DEQ.

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 8 of Exhibit A of the Notice, may
be used or stored at the Brownfields Property without the prior written approval of DEQ, except:

a.in de minimis amounts for cleaning and other routine housekeeping activities;

b.as component constituents of articles, equipment and materials used or sold in
connection with uses permitted under the Agreement, such as in stainless steel or
building materials; and/or

c.except as fuel or other fluids customarily used in vehicles, landscaping equipment,
or, if stored and used in compliance with a plan approved in writing in advance by
DEQ, emergency generators.

For the avoidance of doubt, this LUR 7 is not intended to prevent the use, storage or other handling
of any particular materials or constituents on the Brownfields Property. Instead, it is intended to

Precision Dynamics (#18002-14-060)
allow DEQ to review and approve of methods and procedures for the handling of materials or
constituents so as to assist DEQ, if necessary, in reasonably distinguishing such materials or
constituents from contamination at the Brownfields Property predating the effective date of the
Agreement.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 8:The Brownfields Property may not be used as a park or for sports of any kind,
including, but not limited to, golf, football, soccer and baseball, without the prior written approval
of DEQ. For purposes of this section, a “park” does not include an outdoor dining area or courtyard
associated with a restaurant use.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 9:The owner of any portion of the Brownfields 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 10:Neither DEQ, 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 DEQ, 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 11:During January of each year after the year in which the Notice referenced below
st
in paragraph 20 is recorded, the 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 DEQ, and to the

Precision Dynamics (#18002-14-060)
chief public health and environmental officials of Mecklenburg County, certifying that, as of said
st
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 Brownfields Property during the previous calendar year; and
______________________________________________________________

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.
______________________________________________________________

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 12:Any deed or other instrument conveying an 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 30722, Page 932." A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit
A hereto, though: i) financial figures related to the conveyance may be redacted and (ii) such
disclosure may be made subject to the confidentiality and trade secret provisions of the North
Carolina Public Records Law (to the extent applicable). Prospective Developer may use the
following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider
is identical in form, Prospective Developer 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) of Exhibit A hereto; or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XV of Exhibit A hereto.

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: __________________

Precision Dynamics (#18002-14-060)

\[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\]

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: _________________