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Home My WebLink About15014_Willard Lead and Willard Lead ROW_LURUModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Willard Lead ROW Project #: 15014-11-060 Address: 185 Foster Avenue 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 for high-density residential, retail and, with the Department of Environmental Quality (“DEQ”) prior written approval, other commercial purposes. For purposes of this Land Use Restriction, the following definitions apply: “High-density residential” refers to permanent dwellings such as condominia, apartments, group homes, dormitories or boarding houses where residential units are attached to each other with common walls and any property outside of dwelling structures is not owned by any particular resident but, absent a written arrangement to the contrary, is usable by all residents. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. “Retail” refers to an activity, the principal use or purpose of which is the sale of goods, products or merchandise directly to the consumer. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ INTENTIONALLY LEFT BLANK. No building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within one hundred (100) feet of said plume, it may not be constructed without a vapor barrier system and/or mechanical or passive vapor barrier mitigation system, or other effective vapor mitigation system approved by DEQ. Within thirty (30) days following installation of the mitigation system, DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it. With DEQ’s prior written approval, additional investigation activities including, without limitation, soil gas samples, performed to DEQ’s written satisfaction, may be conducted, and installation of a mitigation system possibly excused, so long as the proponent makes a written commitment to install a mitigation system if DEQ so requires based on review of a report of the investigation activities. ☐ 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: ______________________________________________________________ Neither landscaping nor swimming pools may be placed on the Brownfields Property unless five feet of clean fill, or another cover approved in writing in advance by DEQ, are installed on the area(s) in question, to DEQ’s written satisfaction and as delineated to DEQ’s written satisfaction as “Approved for Landscaping or Swimming Pools” areas on the plat component of the Notice of Brownfields Property (“Notice”), and only for so long as said areas are maintained to DEQ’s satisfaction and remain undisturbed absent DEQ’s written approval. ☐ 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 in: cleaning and other routine housekeeping activities, functional components of buildings or other redevelopment-related features; and constituents of products customarily used or offered for sale in retail grocery stores, drug stores, photo-processing operations, retail paint and wallpaper stores, and similar retail businesses, so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels or horse-riding, nor may it be used for private animal pens except in areas where five feet of clean 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 Private Animal Pen” areas on the plat component of the Notice, maintained, and left undisturbed other than through normal private animal pen use. This provision does not preclude legal household pets kept in compliance with law. ☐ 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, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil, landscaping and contours at the Brownfields Property may not be disturbed without the prior written approval of DEQ, except for mowing and pruning of above-ground vegetation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner(s) of each portion of the Brownfields Property containing material that functions as a cap, including without limitation asphalt parking areas, areas covered by clean fill and building foundations, shall be responsible for maintaining said material. Other than post-demolition disturbance of the building foundations, no such material may be disturbed without prior sampling and analysis to DEQ’s written satisfaction, and submittal of the analytical results to DEQ. If such results disclose contamination in excess of the standards DEQ determines to be applicable, the material may not be disturbed without the prior written approval of DEQ on such conditions as DEQ imposes, including at a minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the activities that would disturb the material. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, 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 (a joint LURU may be submitted for owners of residences 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 land use restrictions 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. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR 3 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; ______________________________________________________________ whether any clean fill or other cover installed pursuant to LUR 5 or10 above, and any material referenced in LUR 15 above, is being properly maintained. ______________________________________________________________ ☐ 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: _________________