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Home My WebLink About09027_South Elm Street_LURUModel_20151113 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: South Elm StreetAddress: 702 South Elm Street Project #: County: 09027-05-041 Guilford 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 a mixed-use project, which may include office, hotel, educational, commercial, and high-density residential uses, and contiguous ancillary uses. For purposes of this restriction, the following definitions apply: i."Hotel" refers to the provision of overnight lodging to paying customers, and to associated reservation, cleaning, utilities and on-site management and reception services. ii."Educational" refers to a university, college, or junior college, whether privately- owned, publicly-owned or under joint public-private ownership, providing education. iii."Commercial" refers to an enterprise carried on for profit by the owner, lessee or licensee. iv.a. "High-density residential" refers to use of units in multi-unit buildings as permanent dwellings such as condominiums, apartments, group home or dormitory where residential units are attached to each other with common walls and any property outside the dwelling structure is common to the residents and not privately owned as part of an individual dwelling unit. v."Contiguous ancillary uses" refers to parking areas, service drives, pedestrian areas, and other facilities that are needed to support the above uses, and are within or adjacent to the area where those uses an occurring. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 2:Physical redevelopment of the Property may not occur other than in accord, as determined by the Department of Environment and Natural Resources (“DENR”), with an Environmental Management Plan ("EMP") approved in writing by DENR in advance (and revised to DENR's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes the planned 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. A new EMP shall be developed, or the existing EMP shall be revised, to reflect redevelopment phases or activities not already included in an approved EMP. The EMP shall include, without limitation: i.soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; ii.issues related to potential sources of contamination referenced in Exhibit 2 to Exhibit A; and iii.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 3:Within 90 days after each one-year anniversary of the effective date of the Brownfields Agreement attached as Exhibit A for as long as physical redevelopment of the Property continues, as determined by DENR (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Property shall provide DENR a report, subject to written DENR approval, on environment-related activities since the last report, with a summary and drawings, that describes: i.actions taken in accordance with the plan required by LUR 2 above; ii.soil grading and cut and fill actions; iii.methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv.stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition, whether on site or off site, of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and v.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: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 4:Surface water and groundwater at the Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:After the conclusion of the redevelopment period referenced in LUR 2 above, as determined by DENR, no activity that disturbs soil on the Property may occur unless and until DENR states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DENR 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 removals to depths not exceeding 24 inches, mowing and pruning of above-ground vegetation; and, for emergency repair of underground infrastructure, provided that DENR 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 DENR shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No building may be constructed on the Property until: i.DENR 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 Property's volatile contaminant plume; or ii.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 DENR in advance, including methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 7:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Exhibit 2 to Exhibit A and on the plat component of the Notice of Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities, routine maintenance of buildings and grounds, or in sealed, pre-packaged containers sold in a retail context. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:Neither DENR, 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 DENR, 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 9:During January of each year after the year in which the Notice is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the chief public health and environmental officials st of Guilford County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford County Register of Deeds office and that the land use restrictions are being complied with, and stating: i.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. ii.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. iii.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 6 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: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the County Register of \[Enter County\] 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: _________________