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Home My WebLink About18008_Bridgeport Fabrics_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Bridgeport FabricsAddress: 210 Delburg Street Project #: County: 18008-14-060 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 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 post-secondary education, office, open space, restaurant, parking, retail, and subject to the Department of Environmental Quality’s (“DEQ”) prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: a.Post-Secondary Education defined as a privately-owned or publicly-owned university, college, junior college, or community college that provides education beyond the high school level. b.Office defined as the provision of business or professional services. c.Open Space defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, and/or detention facilities for stormwater. d.Restaurant defined as a commercial business establishment that prepares and serves food and beverages to patrons. e.Parking defined as the temporary accommodation of motor vehicles in an area designed for same. f.Retail defined as 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. However, for the purposes of this agreement, retail excludes use as a dry cleaner using chlorinated solvents. g.Commercial defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 Bridgeport Fabrics (#18008-14-060) LUR Update LUR 2:The Brownfields Property may not be used as a playground, for child care centers, senior care centers, or elementary schools without the prior written approval by DEQ; except, adult recreational activities. 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 (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 Exhibit 2 of Exhibit A (aka: Brownfields Agreement) of 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:After conclusion of the redevelopment period referenced in LUR 3, 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: a.in connection with mowing and pruning of above-ground vegetation; b.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; or, c.in accordance with the EMP outlined in paragraph 3. In compliance Out of compliance ☐☐ Bridgeport Fabrics (#18008-14-060) LUR Update Remarks: ______________________________________________________________ LUR 5:By January 31 of each year after the completion of the Brownfields 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 EMP required by LUR 3; 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: ______________________________________________________________ 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: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 1 above while fully protecting public health and the environment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Bridgeport Fabrics (#18008-14-060) LUR Update LUR 8:The existing warehouse and office building, depicted on the plat component of the Notice referenced in paragraph 20 of Exhibit A, may not be occupied without DEQ approval until supplemental indoor air sampling is completed in accordance with the approved Revised Work Plan for Indoor Air-Quality Testing dated March 15, 2016 which shall be conducted during seasonal conditions (Summer or Winter) and the results submitted in a report for DEQ review and approval. If risk calculations indicate an unacceptable risk, as determined by DEQ, additional sampling or mitigation measures shall be implemented to DEQ's written satisfaction, in accordance with a written plan submitted for DEQ approval. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:No new building may be constructed on the Brownfields Property (excluding renovations to the existing buildings, defined as those depicted on the plat component of the Notice referenced in paragraph 20 of Exhibit A) until DEQ determines in writing that: a.the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on site assessment data or a site- specific risk assessment approved in writing by DEQ; or b.the building would be 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.vapor mitigation measures are installed or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's professional 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 DEQ in advance, including methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 of Exhibit A, 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; and, Bridgeport Fabrics (#18008-14-060) LUR Update b.except as fuel or other fluids (either in integrated or separate storage units) customarily used in vehicles or landscaping equipment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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 12: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 DEQ, and to the chief public health and environmental st 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 email 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.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 8 or 9. 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. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Bridgeport Fabrics (#18008-14-060) LUR Update 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: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________