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Home My WebLink About09026_Celanese DRP_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Celanese DRP (amended 2/20/12) Project #: 09026-05-060 Address: 2300 Archdale Drive 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 (Amended 2/20/2012) No use may be made of the Brownfields Property other than as the location of high-density residences, including townhouse and condominium units, that employ slab-on-grade construction; open-space parks, a swimming pool and a recreational facility. Within the meaning of this restriction, the following definitions apply: “High-density residences” refers to townhomes, condominiums, apartments, group homes, dormitories and boarding houses that are constructed on a slab-on-grade foundation, used as permanent dwellings, attached to each other with common walls; or are free-standing units on real property where fixtures and amenities outside the residences are usable in common by all subdivision residents. “Open-space parks” refers to areas of open space within a development that are designed and intended for active (including playground-related) or passive recreational use and for the enjoyment of those permitted uses. “Recreational facility” refers to a permanent structure or cluster of structures (which may include swimming pools, tennis courts and other activity-specific structures) that are constructed on a slab-on-grade foundation and designed to facilitate the gathering of people for the purposes of engaging in indoor or outdoor recreational activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building containing indoor space may be constructed within the “Restricted Area” depicted on the plat component of the Notice of Brownfields Property (“Notice”) absent compliance with “Technical Specification, Under-Slab & Utility Trench Vapor Barrier/Retarder” and “Ryan Homes, Park South Station Sub-Slab Venting System, Charlotte, North Carolina”. No such building may be used unless and until a professional engineer licensed in North Carolina (“N.C. Engineer”) prepares, signs, seals and submits to the Department of Environmental Quality (“DEQ”) a report certifying that said barrier and venting systems were installed in accordance with the above-referenced documents. The “Restricted Area” subject to this restriction is subject to revision by DEQ on the basis of the results of groundwater and/or soil gas sampling activities at the Brownfields Property. In the event that DEQ revises the “Restricted Area,” the then current owner of the affected portion of the Brownfields Property shall prepare a revised draft of the plat component of this Notice and shall effect any changes to said draft that DEQ requires, both within time periods acceptable to DEQ, after which DEQ shall affect recordation of said revised plat at the Mecklenburg County, North Carolina Register of Deeds’ office. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building containing indoor space that is constructed within the “Restricted Area” (as it may be revised pursuant to the preceding restriction) depicted on the plat component of the Notice may be used until DEQ receives a report, prepared, signed and sealed by a N.C. engineer, certifying that any heating, ventilation and air conditioning system installed at such building complies with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code, or another standard approved in writing in advance by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No element of sub-grade infrastructure, including but not limited to utility lines, trenches and conduits, may be constructed within the “Restricted Area” (as it may be revised pursuant to land use restriction 2, above) depicted on the plat component of this Notice unless the element of infrastructure incorporates vapor migration/intrusion mitigation measures or systems, the design and specifications for which shall be approved in writing in advance by DEQ. No such element of infrastructure may be used until DEQ approves in writing a report, prepared, signed and sealed by a N.C. engineer, certifying that said measures and systems were installed in accordance with the DEQ-approved design and specifications. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of 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 without prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ. 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: ______________________________________________________________ Within three (3) vertical feet of the seasonal high groundwater level, as determined by DEQ, soil in the “Restricted Area” (as it may be revised pursuant to land use restriction 2, above) depicted on the plat component of the Notice may not be exposed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, 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 reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified above in land use restriction 1 while fully protecting public health and the environment shall be taken. 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 reasonably requires shall be removed and disposed of in accordance with applicable law or capped to the written satisfaction of DEQ. ☐ 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 fully in-ground (i.e., lacking direct ingress from or egress to the outside) 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in the Table A 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 for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing or subsequent DEQ-approved groundwater monitoring, extraction or injection well is damaged shall be responsible, within a time period acceptable to DEQ, for repair or replacement of such well(s) to DEQ’s written satisfaction. ☐ 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 Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update (hereinafter “LURU”) to DEQ certifying that: the Notice remains recorded at the Mecklenburg County Register of Deeds office; the Notice’s land use restrictions are being complied with; any vapor barrier and venting systems installed pursuant to land use restriction 2 above remain intact and in the condition they were in when certified. any heating, ventilation and air conditioning systems installed subject to land use restriction 3 above continue to comply with the North Carolina State Building Code (or another standard if DEQ has approved one); any vapor migration/intrusion mitigation measures or systems installed pursuant to land use restriction 4 above are in the condition they were in when certified; and accompanied by the name, mailing address, telephone and facsimile numbers, and e-mail address of the party submitting the LURU if said party acquired any part of the Brownfields Property during the previous calendar year; and the transferee’s name, mailing address, telephone and facsimile numbers, and e-mail address, if the party submitting the LURU transferred any part of the Brownfields Property during the previous calendar year. Alternatively, a property owners' association or other entity may perform this land use restriction’s duties, on behalf of some or all owners of the Brownfields Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes, at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted. ☐ 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: _________________