17020_Chronicle_Annual_LUR_20170306

PAT MCCRORY
Governor
DONALD R . VAN DER V AART
Waste Management
ENVIRONMENT AL OUALIT'/
Mr. John M. Church
Chronicle Mill Land, LLC
8720 Red Oak Blvd., Suite 300
Charlotte, NC 28217
December 21, 2015
Subject: Annual Land Use Restrictions (LUR) Update Form
Chronicle Mills, Project No.: 17020-13-036
95 East Catawba Street
Belmont, Gaston County
Dear Mr. Church:
Secretary,
MICHAEL SCOTT
Direc10r
To comply with the recorded Notice of Brownfields Property and Brownfields Agreement annual
certification requirement, the Brownfields Program utilizes site specific LUR Update forms. These forms
are available online by visiting http://deq.nc.gov/brownfields-sites-and-boundanes and selecting the
brownfields project location for the project shown above. The form download link is shown in the selection
pop-up window. All Brownfields property owners, unless otherwise stated in the LURs for Associations,
as of January I si are required submit the annual certification to the following address:
NC Dept. Environmental Quality
Div. of Waste Management, Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
Additionally, a legible scanned copy of the completed LUR Update with attachments may also be submitted
to my e-mail address shown below for receipt tracking purposes.
I can be contacted at [phone] or David.Peacock(mncdenr.2:ov with any questions or concerns
regarding the LUR Update form for the subject Brownfields Property. If you would like to receive future
LUR Update notifications, please join our e-mail notification list by visiting http://eepurl.com/ctZVin
or scanning the Quick Response (QR) code below with a smart phone.
Sincerely,
David Peacock
Brownfields Compliance Coordinator
Ee: Central Files
Bruce Nicholson, BF Program Manager
Lebeed Kady, BF Project Manager
State of North Carolina I Environmental Quality I Waste Management
1646 Mail Service Center 1217 West Jones Street I Raleigh, NC 27699-1646
919 707 8200 T
NC BROWNFIELDS
LAND USE RESTRICTIONS ("LUR") UPDATE
Name: Chronicle Mills
Project#: 17020-13-036
Year Certification Made: 2017
Address: 95 East Catawba Street
County: Gaston
Property Owner (In part or whole): Chronicle Mill Land LLC
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 commercial,
offices, retail, parking, recreation, open space, high density residential and hotel uses without prior
written permission of the Department of Environmental Quality ("DEQ"). For purposes of this
restriction, the following definitions apply:
a. "Commercial" defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee;
b. "Office" defined as the provision of business or professional services;
c. "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;
d. "Parking" defined as the temporary accommodation of motor vehicles in an
area designed for same;
e. "Recreation" defined as indoor and outdoor exercise-related, physically
focused, or leisure-related activities, whether active or passive, and the facilities
for same, including, but not limited to, studios, swimming pools, sports-related
courts and fields, open space, greenways, parks, playgrounds, walking paths,
and picnic and public gathering areas;
f. "Open Space" defined as land maintained in a natural or landscaped state and
used for natural resource protection, buffers, greenways, detention facilities for
storm water;
g. "High Density Residential" defined as 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, and shall include related amenities, such as pools,
clubhouses, courtyards, common areas, recreation areas and parking garages;
and
Form revised: 8-1-2016
Chronicle Mills (#17020-13-036) LUR Update
h. "Hotel" defined as the provision of overnight lodging to paying customers, and
associated food services, gym, reservation, cleaning, utilities, parking and on-
site hospitality, management and reception services.
IZI In compliance D Out of compliance
Remarks:
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. potential sources of the contamination referenced in paragraph 8 of the
Brownfields Agreement ("Agreement") attached as Exhibit A to the Notice of
Brownfields Property ("Notice");
c. surface soil sampling for any soil areas that are planned to be exposed after the
planned development, and subsurface soil sampling, as required by DEQ;
d. contingency plans for addressing newly discovered potential sources of
environmental contamination ( e.g., tanks, drums, septic drain fields); and
e. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
IZI In compliance D Out of compliance
Remarks:
LUR 3: Within 90 days after each one-year anniversary of the effective date of the
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 plan required by LUR 2;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
Chronicle Mills (#17020-13-036) LUR Update
d. stockpiling, containenzmg, 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).
IZI In compliance D Out of compliance
Remarks:
LUR 4: Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval ofDEQ.
IZI In compliance D Out of compliance
Remarks:
LUR 5: No activity that disturbs soils on the Brownfields Property may occur other than
in accordance with the approved EMP. Disturbance of soils not covered under the approved EMP
may not occur 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 while fully protecting public health and
the environment. This limitation does not apply to mowing and pruning of above-ground
vegetation, landscape plantings that do not exceed 36 inches in depth; and emergency repair of
underground infrastructure, if DEQ is 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 are taken.
IZI In compliance D Out of compliance
Remarks:
LUR 6: Residential use and use by sensitive populations, including but not limited to
children, the disabled or infirm, and senior citizens, is strictly prohibited within the area designated
as "vapor control restriction area" on the plat component of the Notice referenced in paragraph 19
of the Brownfields Agreement, unless vapor controls as in LUR 7 are pre-approved by DEQ in
advance and in writing as designed for such use.
181 In compliance D Out of compliance
Remarks:
Chronicle Mills (#17020-13-036) LUR Update
LUR 7: No building may be constructed within the area designated as "vapor control
restriction area" on the plat component of the Notice referenced in paragraph 19 of the Brownfields
Agreement attached as Exhibit A to the Notice until:
a. it is demonstrated to DEQ's written satisfaction through a site-specific risk
assessment, that the building is protective of the building's users, public health
and the environment from risk of vapor intrusion;
b. it is demonstrated, pursuant to a DEQ approved plan, and subject to DEQ's
approval, that the building would be or is 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. a plan for a vapor intrusion mitigation system, approved in writing by DEQ in
advance and including a proposed performance assessment for demonstration
of the system's protection of the building's users, public health and the
environment from risk from vapor intrusion, is implemented to the satisfaction
of a North Carolina-licensed professional engineer as reflected by an
implementation report, bearing the seal of said engineer, that includes
photographs and a description of the installation and performance assessment
of the mitigation system.
IZI In compliance O Out of compliance
Remarks:
LUR 8: None of the contaminants known to be present in the environmental media at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior written
approval ofDEQ, 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 items or in flammable
liquid storage containers with capacities no greater than 25 gallons; and/or
c. as constituents of products and materials customarily used or stored in
commercial, offices, retail, parking, recreation, open space, high density
residential and hotel environments, provided such products and materials are
used, stored, and disposed of in accordance with applicable laws and
regulations.
IZI In compliance O Out of compliance
Remarks:
Chronicle Mills (# 17020-13-036) LUR Update
LUR 9: Within 60 days after the effective date of this Agreement 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, except those wells identified 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.
IZI In compliance D Out of compliance
Remarks:
LUR 10: The Brownfields Property may not be used as a playground, or for child care
centers or schools within the area designated as "vapor control restriction area" without written
approval by DEQ; however, informal recreational activities for children and adults are permitted.
IZI In compliance D Out of compliance
Remarks:
LUR 11: The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by such owner, its contractors,
or its tenants 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.
IZI In compliance D Out of compliance
Remarks:
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.
IZI In compliance D Out of compliance
Remarks:
Chronicle Mills (#17020-13-036) LUR Update
LUR 13: 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 Brownfields 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 Gaston County land records, Book 4870, Page 350." A copy of any such instrument shall be
sent to the persons listed in Section XV (Notices and Submissions), though financial figures related
to the conveyance may be redacted. If DEQ issues prior, written approval, an owner may use the
following mechanisms to comply with the obligations of this paragraph, subject to the terms and
conditions that DEQ may establish in such approval: 1) The owner may provide DEQ with copies
of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of
actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or 2) the
owner may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XV.
IZI In compliance D Out of compliance
Remarks:
LUR 14: During January of each year after the year in which the Notice referenced in
paragraph 19 of the Brownfields Agreement is recorded, the owner of any part of the Brownfields
Property as of January 1st of that year ( or owner's representative authorized in writing to act on
the owner's behalf) shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and
to the chief public health and environmental officials of Gaston County, certifying that, as of said
January Pt, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Gaston 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 in fee during the previous
calendar year; and
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 in fee during the previous calendar year.
c. whether any vapor barrier and/or mitigation systems installed pursuant to LUR
7 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.
Chronicle Mills (#17020-13-036) LUR Update
IZI In compliance D 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 Gaston County Register of Deeds
office and that the Land Use Restrictions are being complied with.
This Land Use Restrictions Update is certified by Chronicle Mill Land LLC, owner of at least part
of the Brownfields Property on this 3rd day of March, 2017.
Name typed or printed of party making certification: Chronicle Mill Land LLC
[Note: additional entities or owners may be added if appropriate (i.e.
NORTH CAROLINA
61'1-1h?/v' 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: °CTol.1-r µ,,{ . t' /{4,,tCI./. .
Date: ~7~--
Tl{/l./1(..J) L~?I) hJ_t~~~J'n~· __
Notary's printed or typed name, Notary Public
My commission expires: l!J/3/ 2.P20