Loading...
HomeMy WebLinkAbout18006_US Postal Service_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: US Postal ServiceAddress: 117, 119, 125, 127 S. Bloodworth Street & 116, 118, 120 S. East Street County: Wake Project #: 18006-14-092 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 Brownfields Property other than for townhouse development with associated amenities and parking. For purposes of this restriction, the following definitions apply: a.“Townhouse development” refers to residential use for single-family attached dwelling units, including hardscaped amenities and accessory structures, in which all portions of the Brownfields Property outside of the footprint of: (a) the dwelling structure; (b) hardscaped amenities; and (c) accessory structures, is owned by a common homeowners association and not by individual townhouse owners; b.“Accessory structures” refer to buildings associated with the dwelling unit(s) that are constructed over an impermeable surface such as a concrete slab for uses such as a parking garage or storage shed; c.“Amenities” refers to hardscaped and landscaped courtyard and seating areas. Any such courtyard feature shall not disturb native soil at the Brownfields Property without prior approval from the Department of Environmental Quality (“DEQ”); d.“Hardscaped amenities” refers to man-made, impervious features used in landscape architecture, such as walkways, entrance areas, steps, fountains, courtyards, patios and paths; and e.“Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 US Postal Service (#18006-14-092) LUR Update LUR 2: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 (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 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 the Brownfields Agreement (aka: 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: ______________________________________________________________ st LUR 3:By January 31 after each anniversary of the effective date of the Agreement attached as Exhibit A to the Notice 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 No. 2 above; b.soil grading and cut and flll 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: ______________________________________________________________ LUR 4:Prior to the occupation of any dwelling to be constructed on the Brownfields Property, the Brownfields Property shall be subject to a declaration of covenants, conditions, and US Postal Service (#18006-14-092) LUR Update restrictions, or a functionally equivalent instrument recorded, or to be recorded, in the Wake County Public Registry (the “Declaration”), and a homeowners association, a lot owner association, or similar entity associated with the Brownfields Property (“Property Association”) shall be established: a.The Declaration described above shall provide that all owners of all or part of the Brownfields Property shall strictly comply with the terms and conditions of the Agreement attached as Exhibit A to the Notice and the Notice. b.For the purposes of NCGS §130A-310.35(f), which authorizes various persons to enforce land use restrictions, the Declaration shall provide that the Property Association is such a person so authorized by the Act to administer and enforce the land use restrictions as an owner of land and as a person eligible for liability protection pursuant to the Act. Further, the Declaration shall provide that the Property Association has the authority to administer and enforce the land use restrictions on behalf of all lot owners and members of the Property Association. c.The Declaration shall give the Property Association the authority, to the extent permissible under North Carolina law, to treat any violation of the terms and conditions of the Agreement attached as Exhibit A to the Notice or of the Notice, by any owner of any part of the Brownfields Property as a violation of the Declaration and to undertake any and all enforcement remedies provided in the Declaration for such a violation. The Declaration shall provide that, in the event of a violation of the Agreement attached as Exhibit A to the Notice or of the Notice by any owner of any part of the Brownfields Property, the Property Association will undertake reasonable enforcement actions to correct said violation. Furthermore, the Declaration shall specifically provide that failure by any owner of any part of the Brownfields Property to remedy or correct such violations of the Agreement attached as Exhibit A to the Notice and the Notice after any applicable notice and cure periods to the reasonable satisfaction of DEQ could result in that owner's loss of liability protection afforded by the Agreement attached as Exhibit A to the Notice and the Act. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5: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 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 No. 1 above while fully protecting public health and the environment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ US Postal Service (#18006-14-092) LUR Update LUR 6:After conclusion of the redevelopment period referenced in LUR No. 2 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 No.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 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 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 attached as Exhibit A to 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 constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable liquid storage containers totaling no more than 25 gallons; and/or c.as constituents of products and materials customarily used and stored in High Density Residential environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Brownfields Property may not be used as a playground, or for child care centers or schools, except in areas where a minimum of one foot of clean, compacted fill, or another cover approved in writing in advance by DEQ, are installed to DEQ's written satisfaction, delineated to DEQ's written satisfaction as “Approved for “Playground,” “Child Care Center” or “School” areas on the plat component of the Notice, maintained, and left undisturbed other than through normal playground, child care center or school use. In compliance Out of compliance ☐☐ US Postal Service (#18006-14-092) LUR Update Remarks: ______________________________________________________________ LUR 9:Within 60 days after the effective date of the Agreement attached as Exhibit A to the Notice or prior to land disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:Any deed or other instrument conveying an interest in the Brownfields Property executed by an owner of any 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 Wake County land records, Book 16539, Page 558.” 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. An owner may use the following mechanisms to comply with the obligations of this paragraph: 1) If every deed, lease and/or rider is identical in form, the owner may provide DEQ with copies of a form deed, lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed deeds or leases, to the persons listed in Section XV (Notice and Submissions) of the Agreement attached as Exhibit A to the Notice; 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 attached as Exhibit A to the Notice. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The owner of any portion of the Brownfields Property where any 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: ______________________________________________________________ US Postal Service (#18006-14-092) LUR Update LUR 12: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 13:During January of each year after the year in which the Notice is recorded, the Property Association as a person authorized to enforce land use restrictions under NCGS §130A- 310.35(f) as described in LUR No. 4 above shall submit a notarized Land Use Restrictions Update st (“LURU”) on behalf of all owners of any part of the Brownfields Property as of January 1 of that year to DEQ, and to the chief public health and environmental officials of Wake County, certifying st 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 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; and ______________________________________________________________ c.a description of any known violations or enforcement actions taken or planned in order to correct violations consistent with the LURs above. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ US Postal Service (#18006-14-092) LUR Update 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: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________