HomeMy WebLinkAbout06006_Cherokee Oil_LURU Model_20170913NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Cherokee Oil
Project #: 06006-02-060
Address: 925 South Summit 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 water supply wells may be installed or used at the Brownfields Property and groundwater may not be otherwise accessed or used at the Brownfields Property for any purpose.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No activities which result in direct exposure to or removal of soil from beneath the Brownfields Property’s paved surfaces or the building slab may be conducted without prior sampling
and analysis of soil in the area where such activities are to be conducted, submittal of the analytical results to the Department of Environmental Quality (“DEQ”) or its successor in
function along with plans and procedures to protect human health and the environment during those activities, and approval of those activities by DEQ or its successor in function.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Portions of the Brownfields Property which remain pervious, including planters and landscape portions of the Brownfields Property surrounding the building and islands in the parking
area, must contain or be comprised of clean fill dirt. Existing soils in such areas must either be capped with asphalt or removed from these areas and replaced with clean fill dirt
prior to any disturbance of those soils.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Without the approval of DEQ, the Brownfields Property shall not be used for playground facilities and/or organized sporting activities of any kind, including, but not limited to, golf,
football, soccer and baseball.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property shall not be used for agricultural or grazing purposes.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property shall not be used for mining, including extraction of coal, oil, gas or any other mineral or non-mineral substances.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No basements, and no fountains, ponds, lakes, swimming pools or other items which are supplied, in whole or in part, by groundwater, may be constructed on the Brownfields Property without
the approval of DEQ or its successor in function.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property shall not be used for residential or day care purposes, or for schools, without the approval of DEQ or its successor in function.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
During January of each year after the Agreement becomes effective, the 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 the land
use restrictions set forth above remains recorded at the Mecklenburg County Register of Deeds office, that the land use restrictions are being complied with, and that all paved and gravel
surfaces and the building slab at the Brownfields Property remain in place and are being maintained such that they continue to function as impervious caps.
☐ 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: _________________