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Home My WebLink About02008_City West Commons_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: City West Commons Project #: 02008-98-060 Address: 1510 West Boulevard 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 The owner(s) of the portions of the Brownfields Property containing the monitoring wells denominated MW-1 and MW-2, on the plat recorded as part of the Notice, shall maintain those wells: if the owner of the portion of the Brownfields Property containing either well discovers that the well on her, his, or its portion is not functioning properly, that owner shall immediately notify the Department of Environmental Quality (“DEQ”) or its successor in function and shall install a new monitoring well in a location satisfactory to DEQ or its successor in function. (An approval letter for no further sampling and to effect abandonment of MW-1 & MW-2 in accordance with LUR 2 below was issued by DEQ on April 13, 2016) ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Beginning between twenty (20) and twenty-two (22) months after the effective date of the Brownfields Agreement and every two years thereafter, the owner(s) of the portions of the Brownfields Property containing the monitoring wells denominated MW-1 and MW-2, on the plat recorded as part of the Notice of Brownfields Property, shall effect sampling of the well on her, his or its portion in accordance with the most current version of the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section. The groundwater samples collected during such activities shall be analyzed for volatile and semi-volatile organic compounds by method 8260 of the U.S. Environmental Protection Agency or any comparable method approved in advance by DEQ or its successor if function. A Groundwater Monitoring Report setting forth the procedures and results of these groundwater sampling activities shall be submitted with the Land Use Restriction Update referenced in land use restriction number eleven (11) below in those years during which groundwater sampling is required. If DEQ or its successor in function states in writing that the results of three consecutive sampling events required by this subparagraph indicate no exceedances of applicable legal standards, no further sampling shall be required. Within sixty (60) days after any affected owner’s receipt of any such statement by DEQ or its successor in function, the relevant owner shall effect abandonment of MW-1 and MW-2 in accordance with subchapter 2C of Title 15A of the North Carolina Administrative Code and shall, within thirty (30) days after completing any such abandonment activities, submit to DEQ or its successor in function a report setting forth the procedures and results of the activities. (An approval letter for no further sampling and to effect abandonment of MW-1 & MW-2 in accordance with this LUR was issued by DEQ on April 13, 2016) ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Nothing which makes use of or accesses groundwater may occur at the Brownfields Property, including without limitation water supply wells, fountains, ponds, lakes or swimming pools, except for sampling of the monitoring wells denominated MW-1 and MW-2 on the plat recorded as part of the Notice of Brownfields Property. ☐ 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 by DEQ or its successor in function, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminates know to be present in the environmental media at the Brownfields Property, including those listed in the Notice of Brownfields Property, may be used or stored at the Brownfields Property without the prior approval of DEQ or its successor in function, 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, without the prior written approval of DEQ or its successor in function. ☐ 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: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within (7) days of each anniversary of the effective date (Sept. 5th, 2003) of the Brownfields Agreement, the then current owner of the Brownfields Property shall submit a notarized Land Use Restriction Update (“LURU”) to DEQ or its successor in function certifying 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. The Groundwater Monitoring Report referenced in LUR 2 above shall be submitted with the LURU in those years during which groundwater monitoring is required, and DEQ or its successor in function may require an update of the plat component of the Notice of Brownfields Property based upon future data from investigations by the UST Section of DEQ or its successor in function, or others. Alternatively, the obligations of this subparagraph may be discharged on behalf of some or all owners by a party that satisfies DEQ or its successor in function that it is validly acting as agent for said owners, and that accepts responsibility for compliance with this subparagraph pursuant to a notarized instrument satisfactory to DEQ or its successor in function. ☐ 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: _________________