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Home My WebLink About09020_West End Village_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: West End Village Project #: 09020-05-034 Address: N. Broad and Fourth Streets (multiple) County: Forsyth 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 use may be made of the Brownfields Property other than for commercial, office, retail, high-density residential and contiguous ancillary uses. For purposes of this restriction, the following definitions apply: Commercial use: An enterprise carried on for profit by the owner, lessee or licensee; Office use: The conduct or rendering of business or professional services; Retail use: The sale of goods, products or merchandise directly to the consumer, and includes restaurants; High-density residential use: Permanent dwellings, such as condominiums, townhouses, apartments, penthouses, flats, group homes, dormitories or boarding houses, where residential units are attached to one another with common walls and any property outside the dwelling structure may be commonly used by all residents and is not privately owned as part of an individual dwelling unit; Contiguous ancillary uses: Parking areas, service drives and other facilities that are needed to support the above uses, and are within or adjacent to the area where those uses are occurring. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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, except following sampling and analysis of groundwater in areas proposed for such activities, submission of the analytical results to DEQ, and a written determination of adequacy by DEQ as to the sampling and results. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ 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: ______________________________________________________________ Soil within the area denoted “Area of Possible Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”) may not be disturbed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. From then until completion of the subject soil-disturbing activities, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines would likely contaminate groundwater, even if capped, or that may pose an imminent threat to public health or the environment if exposed, as much soil as DEQ requires shall be removed and disposed of in accordance with applicable law. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, or likely pose an imminent threat to public health or the environment if exposed, as much soil as DEQ requires shall be capped or, at the discretion of the party performing the work, as much soil as DEQ requires shall be removed and disposed of in accordance with applicable law. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on 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 in writing by DEQ, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No materials containing contaminants present in the environmental media at the Brownfields Property, including those listed in Tables A and B of the Notice, may be used or stored at the Brownfields Property without the prior written approval of DEQ, 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. ☐ 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 without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Agreement becomes effective, the then-current owner of any part of the Brownfields Property shall be responsible for submittal of a notarized Land Use Restrictions Update to DEQ certifying that this Notice remains recorded at the Forsyth County Register of Deeds office, and that the land use restrictions are being complied with, including semi-annual inspection and maintenance, if necessary, of any impervious or hard pervious surfaces, such as asphalt or concrete pavement or brick pavers. Alternatively, the obligations of this paragraph may be discharged on behalf of some or all owners by an owners’ association that demonstrates, to DEQ’s written satisfaction in advance, its identity and its authority to act as agent for such owners. ☐ 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 Forsyth 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: _________________