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HomeMy WebLinkAbout05012_East Park Kossove_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: East Park – Kossove Project #: 05012-01-060 Address: 1515, 1521, & 1525 Eat 4th Street 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 Groundwater at the Brownfields Property may not be accessed or used in any way whatsoever, whether through wells or for fountains, ponds, lakes, swimming pools or any other purpose. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements shall be constructed at the Brownfields Property unless they are, as determined by the Department of Environmental Quality (“DEQ”), vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining activities may be conducted on or under the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities that result in direct exposure to or removal of groundwater (for example, construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property without prior sampling and analysis of groundwater to DEQ’s satisfaction in the area proposed for such activities, and submittal of the analytical results to DEQ or its successor in function. If such results disclose contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without DEQ approval and on such conditions as DEQ imposes, including at a minimum DEQ approval of plans and procedures to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No chlorinated solvents, including but not limited to those listed above, may be used or stored at the Brownfields Property without the prior approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within seven (7) days of each anniversary of the effective date of the Brownfields Agreement, the then current owner(s) of each portion of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office, and that the land use restrictions are being complied with. ☐ 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: _________________