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Home My WebLink About10036_South End Transit_LURUModel_20171117NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: South End Transit Project #: 10036-06-060 Address: 2418 Dunavant Street; 2222, 2300, 2400, 2508 South Blvd. County: 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 No use may be made of the Brownfields Property other than mixed commercial and high density residential use, with associated parking and landscaped areas, without the Department of Environmental Quality’s (“DEQ”) prior written approval. For purposes of this restriction, the following definitions apply: “Commercial” refers to wholesale, retail, office and hotel use. “High Density Residential” refers to 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. “Parking” refers to an area designed and used for the temporary accommodation of motor vehicles. “Landscaped areas” refers to outdoor areas not covered by impervious or hard pervious surfaces, such as asphalt or concrete, on which are placed and maintained trees, shrubs and groundcover, or fences, walls and /or earthen berms. “Impervious”: prevents the absorption of surface water into underlying soil. “Hard Pervious”: allows absorption of surface water into the soil but has a hard surface formed or cast in place that protects land users from exposure to any contaminants in underlying soil. Pervious concrete and pervious tennis court materials are examples. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, no use of the Brownfields Property may occur prior to demolition of all buildings on the Brownfields Property depicted on the plat component of the Notice of Brownfields Property (“Notice”) in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property until: DEQ 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 Brownfields Property’s volatile contaminant plume; or vapor mitigation measures approved in writing by DEQ in advance are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s seal, and photographs illustrating the installation and a brief narrative describing it are submitted to DEQ and deemed satisfactory in writing by that agency. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Underground water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No part of the Brownfields Property that DEQ determines constitutes a discrete portion may be occupied by businesses or residences prior to compliance with a., b. or c. of this LUR 5 with respect to areas of the discrete portion not covered by an impervious or hard pervious surface. Regardless of whether a., b. or c. is chosen, soil at the Brownfields Property may be disturbed only for the purpose of constructing buildings and related structures (e.g., in connection with grading, installing utilities and other infrastructure, building below grade parking and pouring footers), and only so long as affected soil is handled in compliance with a Soil Management Plan approved in advance, in writing, by DEQ. Excavation of the soil in the subject areas to a depth not less than 12 inches, provided that the disposition of excavated soil is carried out in accordance with the DEQ-approved Soil Management Plan. Unless the DEQ-approved Soil Management Plan allows an alternative, geotextile fabric acceptable to DEQ shall be placed at the base of the excavation and fill certified as clean by DEQ shall be used to bring the excavation to grade. The areas containing clean fill shall be surveyed to DEQ’s written satisfaction, with permanent survey pins demarcating the corners. Said survey shall be recorded as an amendment of the plat component of the Notice. A copy of the survey, reflecting its recordation, shall be submitted to DEQ within 15 days post-recordation. Pursuant to the DEQ-approved Soil Management Plan, assessment of potential contaminants in the upper two (2) feet of soil in these areas, sampling for volatile and semi-volatile compounds, and metals constituting hazardous substances under 42 U.S.C. Section 9601(14) using “SW-846” or other methods approved by the U.S Environmental Protection Agency. Upon written determination by DEQ, based upon the sampling results, that the areas in question are suitable for approved uses, the areas shall be demarcated with survey pins and surveyed. Said survey, with the subject areas designated “Suitable for the uses specified in LUR 1,” shall be recorded as an amendment of the plat component of the Notice. A copy of the survey, reflecting its recordation, shall be submitted to DEQ within 15 days post-recordation. Pursuant to the DEQ-approved Soil Management Plan, covering of the subject areas with raised permanent planters, filled with soil certified as clean by DEQ, using geotextile fabric to demarcate the ground surface. The planters may not be removed other than in compliance with any conditions DEQ imposes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ After issuance of a Certificate of Occupancy in any part of the Brownfields Property that DEQ determines constitutes a discrete portion, said portion shall be surveyed to DEQ’s written satisfaction, the survey shall be recorded as an amendment to the plat component of the Notice (with a copy of the as-recorded survey submitted to DEQ within 15 days thereafter), and soil in said portion not addressed by LUR 5 above may not be exposed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in LUR 1 above while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, or likely pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law or capped to the written satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A and B of the Notice, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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, absent prior written notice to DEQ of such intent and compliance with LUR 5.a. or 5.b. above to DEQ’s written satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools, absent prior written notice to DEQ of such intent and compliance with LUR 5.a. or 5.b. above to DEQ’s written satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing or later 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ During January each year, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ (except that a joint LURU may be submitted for multiple owners by a duly constituted owners’ association), and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice remains recorded at the Mecklenburg County Register of Deeds office and that the LURs are being complied with, and stating: 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. ______________________________________________________________ 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: ______________________________________________________________ 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: _________________