HomeMy WebLinkAbout09068_PTRP Central_Duke Progress_LURU17
Land Use Restriction
Update Year 2016
Piedmont Triad Research Park
(Central), Parcel ID:6835-36-5278.00
Andrew W. Shull, P.E.
January 17, 2017
NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Piedmont Triad Research Park - Central
Project #: 09068-05-034
Address: 437 East 3rd Street (Multiple)
County: Forsyth
Property Owner (In part or whole): Duke Energy Carolinas, LLC. Parcel ID:6835-36-5278.00
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
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646
LUR 1: No use may be made of the Brownfields Property other than for bio-technology
research facilities, offices, retail outlets, public open areas, high-density residences,
performance/concert halls, hotels, community centers, swimming pools, parking, schools and, if
the Department of Environment and Natural Resources (“DENR”) issues prior written approval,
any uses not listed above that are allowed by the Master Plan, Central District of the Piedmont
Triad Research Park (now known as "Wake Forest Innovation Quarter"), dated January 6, 2010.
For purposes of this restriction, the following definitions apply:
a. "Bio-technology research facilities": facilities housing investigation,
experimentation and education in the field of bio-technology, devoted to the
discovery of new facts and their correct interpretation, the revision of accepted
conclusions, theories or scientific laws in light of newly discovered facts, and the
practical applications of such new or revised conclusions, theories or laws.
b. "Offices": places where business or professional services are conducted or
rendered, including personal, business, professional, medical and dental offices.
c. "Retail outlets": businesses that sell goods directly to consumers; the term includes
restaurants.
d. "Public open areas": golf courses, tennis courts, ball fields, ball courts, playgrounds
and other unenclosed recreation sites that are approved in writing by DENR in
advance, as well as landscaped or natural areas.
e. "High-density residences": structural units used as permanent dwellings that are
attached to each other with common walls (such as condominiums, apartments,
group homes, dormitories or boarding houses) and whose occupants share
privileges, and in some cases ownership, regarding property outside said units.
f. "Performance/concert halls": indoor or outdoor facilities suitable for the
presentation of artistic and/or musical productions, which facilities may be
constructed below the ground surface only with DENR's advance written approval.
Piedmont Triad Research Park-Central (#09068-05-034)
g. "Hotels": buildings containing more than four individual rooms that provide
overnight lodging facilities, and reservation, cleaning, utilities and on-site
management and reception services for paying customers.
h. "Community centers": structures, with associated public open areas as defined
above, that are approved in writing by DENR in advance and that are used for
educational, civic, recreational, athletic or other gatherings and activities.
i. "Swimming pools": indoor or outdoor facilities designed to contain water for
swimming and constructed in locations and in conformance with a design approved
in writing in advance by DENR. Groundwater from the Brownfields Property shall
not be used in swimming pools, and non-municipal water may only be used in any
swimming pool on the Brownfields Property with advance written DENR approval.
j. "Parking": an area designed and designated for temporary accommodation of motor
vehicles above- or below-ground, for a fee or as a service.
k. "Schools": institutions providing elementary school, middle school, junior high
school, high school, collegiate, graduate or post-graduate education; or institutions
providing pre-school/child daycare services if the location, layout and design of
such services are approved in writing in advance by DENR.
☒ In compliance ☐ Out of compliance
Remarks: None observed on December 15, 2016__________________________________
LUR 2: Unless compliance with this LUR is waived in writing in advance by DENR 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 this 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: ________________________________________________________________
Piedmont Triad Research Park-Central (#09068-05-034)
LUR 3: Any soil contamination discovered on the Brownfields Property prior to, during
or after redevelopment, as defined by DENR, shall be assessed by a qualified environmental
professional approved in writing in advance by DENR. If DENR determines that additional
sampling is necessary, such sampling shall be conducted in a manner and to an extent approved in
writing in advance by DENR in general accordance (unless otherwise provided herein), as
determined by DENR, with field procedures and laboratory testing methodologies described in the
most current version of Appendices A and B of the Guidelines for Assessment and Cleanup of the
Inactive Hazardous Sites Branch of DENR's Superfund Section. Soil assessment reports
satisfactory to DENR shall be submitted to DENR not more than 30 days following completion of
any assessment activities conducted pursuant to this restriction.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 4: Any soil contamination discovered on the Brownfields Property prior to, during
or after redevelopment, as defined by DENR, that DENR determines requires remediation based
on a review of soil assessment reports shall, on a schedule approved in writing in advance by
DENR, be remediated in a manner approved by, and to the written satisfaction of, DENR, in
general accordance, as determined by DENR, with field procedures and laboratory testing
methodologies described in the most current version of the Guidelines of the Inactive Hazardous
Sites Branch of DENR's Superfund Section. Soil remediation reports satisfactory to DENR shall
be submitted to DENR not more than 60 days following completion of any remediation activities
conducted pursuant to this restriction.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 5: No building may be constructed on the Brownfields Property until DENR:
a. 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
b. approves in writing vapor mitigation measures for the building. If this option is
selected, the building may not be used until the measures are installed to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by
said engineer's seal in a submittal to DENR, and photographs illustrating the
installation and a brief narrative describing it are submitted to DENR and deemed
satisfactory in writing by that agency.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Piedmont Triad Research Park-Central (#09068-05-034)
LUR 6: Surface water at the Brownfields Property may not be used for any purpose
without the prior written approval of DENR, with the exception of storm water collected on the
Brownfields Property by a stormwater collection and management system.
☒ 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 without prior sampling and analysis of groundwater to the written satisfaction of DENR
in any areas proposed for such activities, and submittal of the analytical results to DENR. If such
results disclose to DENR contamination that DENR determines puts at risk the Brownfields
Property's suitability for the uses specified in LUR 1, above, and/or public health and/or the
environment, the proposed activities may not occur without the prior written approval of DENR
on such conditions as DENR imposes, including at a minimum compliance with plans and
procedures, approved pursuant to applicable law, to protect public health and the environment
during the proposed activities.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 8: 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: ______________________________________________________________
LUR 9: No basements may be constructed on the Brownfields Property unless they are,
as determined in writing by DENR, vented in conformance with applicable building codes.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Piedmont Triad Research Park-Central (#09068-05-034)
LUR 10: No contaminant known to be present in the environmental media at the
Brownfields Property, including those listed in Exhibit 2 of the Exhibit A (aka: Brownfields
Agreement), may be used or stored at the Brownfields Property other than in de minimis amounts
for cleaning and other routine housekeeping activities. Provided, that such contaminants may be
used or stored at the Brownfields Property as constituents of materials present in conjunction with
the uses permitted by LUR l, above, if DENR has approved in writing a spill containment plan for
such contaminants, and that any other measures required by law in connection with the proposed
use or storage are implemented.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 11: The Brownfields Property may not be used for agriculture, grazing, timbering
or timber production.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 12: Neither DENR 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, DENR 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 13: During January of each year after the year in which the Notice of Brownfields
Property 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 DENR, and to the chief
public health and environmental officials of Forsyth County, certifying that, as of said January 1st,
the Notice containing these land use restrictions remains recorded at the Forsyth County Register
of Deeds office and the land use restrictions are being complied with, and stating:
a. 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;
______________________________________________________________
APPENDICES
APPENDIX A
GENERAL WARRANTY DEED
APPENDIX B
PROPERTY CARD
11/18/2016 Property Report
http://maps.co.forsyth.nc.us/Property_Report/Default.aspx?pin=6835365278.00&mapImage=_ags_4d1f6b91c4604fdaa071415f04529429.jpg&isTinyScreen=fals…1/2
Current Owners
Owner 1 Duke Energy Carolinas Llc
Owner 2
Mailing Address PO BOX 1007
City, State Zip CHARLOTTE NC 282011007
Mobile
Maps and
Information
Forsyth County, NC Convert to PDF 11/18/2016
Parcel ID Property Address January 1 Property Owner
6835365278.00 Patterson Ave N Duke Energy Carolinas Llc
Detail Appraisal Report Land
Disclaimer: The values and information provided on this property record card are based upon the best available
information on 01/01/2013. This information is subject to change because of changes to the property, correction of
existing information, additional information, or as the result of an appeal of the property.
Parcel Information
Block/Lot Neighborhood
6673 010A 11
Last 2 Recordations Available
Sale Date Estate Stamps Sale Price Book/Page
12/9/2015 370 $185,000 3262/3845
Assessed Values All Cards
Total Land Value Total Buildings Value Total Misc Imp Value Total Assessed Value
$95,470 $0 $0 $95,500
Road/Topography/Utilities
Roads Topography Utilities
RoadPubPaved Desirable City Water, Gas, Sewer
Land Valuation
Type Zoning Acres SqFt Rate Ut Size LC RF TO SH AC EZ Value
CL CI 0.56 24,313 8.10 0.9 1 0.9 1 0.9 0.7 1 0.95 $95,470
Total SqFt Total Acres Total Value
24,313 0.56 $95,470
Building Detail
Forsyth County considers all standard approaches to value. The assessed value on this building was
determined based upon the Cost Approach.
11/18/2016 Property Report
http://maps.co.forsyth.nc.us/Property_Report/Default.aspx?pin=6835365278.00&mapImage=_ags_4d1f6b91c4604fdaa071415f04529429.jpg&isTinyScreen=fals…2/2
Photo not availableSketch not available
Detail Appraisal Report Land
Taxing Jurisdictions
Jurisidiction Fire District
WinstonSalem 100%FD
APPENDIX C
SITE PHOTOGRAPHS
Land Use Restriction Update Year 2016 December 15, 2016
Duke Energy- Piedmont Triad Research Center
Photograph 1: View facing north from south end of site.
Photograph 2: View of southern portion of site adjacent to substation.
Land Use Restriction Update Year 2016 December 15, 2016
Duke Energy- Piedmont Triad Research Center
Photograph 3: View facing south of central portion of site.
Photograph 4: View facing northeast towards East 3rd Street.