HomeMy WebLinkAbout19084_West Stonewall St_LURU Model_20170925NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: West Stonewall Street
Project #: 19084-15-060
Address: 600 S. Tryon St.; 806 S. Church St.; 301 W. Stonewall St.; 821, 831 S. Mint St.; 700, 720 S. Poplar St.
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 use may be made of the Brownfields Property other than for Cellular Telephone and Data Transmission, Data Center, Exhibition, Hotel, Media Broadcasting, Multi-Family Residential,
Office, Open Space, Parking, Post-Secondary Education, Recreation, Retail, Retail Banking, Storage, and, subject to the Department of Environmental Quality’s (“DEQ”) prior written approval,
other Commercial uses. For purposes of this restriction, the following definitions apply:
“Cellular Telephone and Data Transmission” is defined as a facility using communication equipment to transmit or to enable the sending and receiving of data wirelessly.
“Data Center” is defined as a centralized repository for the storage, management, and dissemination of data and information, along with associated office, maintenance, and support facilities.
“Exhibition” is defined as private, public, and community activities and gatherings (such as, for example, festivals, theater, musical events, trade shows, speaking events, fairs, art
galleries, and skill demonstrations), which may include food and beverage service.
“Hotel” is defined as the provision of overnight lodging to customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management
and reception services;
“Media Broadcasting” is defined as the airing of audio, visual, or other communications to the public or a subset of the public.
“Multi-Family Residential” is defined as multi-unit human dwellings, such as condominia, or apartments where residents do not own or otherwise control the use of yard space. Single family
homes or units with yards are prohibited unless waived in writing by DEQ in advance;
“Office” is defined as the provision of business or professional services;
“Open Space” is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for stormwater;
“Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same;
“Post-Secondary Education” is defined as a privately-owned or publicly-owned university, college, junior college, community college, or other entity that provides education beyond the
high school level.
“Recreation” is defined as indoor and outdoor exercise-related, physically focused, or leisure related activities, whether active or passive, and the facilities for same, including,
but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
“Retail” is defined as the sale or provision of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales
of food and beverage products. For the purposes of the Brownfields Agreement, this excludes dry cleaners using chlorinated solvents;
“Retail Banking” is defined as the use of a commercial building for consumer and business banking purposes, where individual customers use commercial banking and related services.
“Storage” is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, and transport businesses among others, and also refers
to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity, as well as the commercial
use of a building for placing items for short or long periods of time as amenity space ancillary to the other uses set out in the Brownfields Agreement.
“Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. For the purposes of the Brownfields Agreement, this excludes dry cleaners
using chlorinated solvents;
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The ground floor of the Brownfields Property may not be used for child care centers, adult care centers or schools without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater
(for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields
Property unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure
the Brownfields Property will be suitable for the uses specified in Land Use Restriction I while fully protecting public health and the environment. 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 is required. If such results reflect contaminant concentrations
that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater related activities proposed may only occur in compliance
with any written conditions DEQ imposes. Activities may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the
uses specified in LUR 1 while fully protecting public health and the environment.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in Land Use Restriction 1 while fully protecting public health
and the environment, except:
in connection with landscape planting to depths not exceeding 24 inches;
in connection with mowing and pruning of above-ground vegetation and;
for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; or
in accordance with a DEQ-approved Environmental Management Plan (“EMP”) as outlined in LUR 5.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an EMP or Living Environmental Management Plan (“LEMP”) approved in
writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brown fields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without
limitation:
soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2 to the Brownfields Agreement;
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., underground
storage tanks, drums, septic drain fields, oil-water separators, soil contamination); and
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved EMP as outlined in LUR 5.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No use of the Brownfields Property may occur until the owner of the Brownfields Property at the time redevelopment is occurring conducts representative final grade soil sampling of any
area within the Brownfields Property pursuant to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas or
driveways.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No enclosed building may be occupied on the Brownfields Property until DEQ determines in writing that:
the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment
approved in writing by DEQ; or
the building is or would be sufficiently distant from the Brownfields Property's groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building's
users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or
vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's professional
seal on a report that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures shall
be approved in writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance
of said measures.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
By January 31 of each year after the completion of the Brownfields Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline
shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related
activities since the last report, with a summary and drawings, that describes:
actions taken on the Brownfields Property in accordance with Section V: Work to be Performed of the Brownfields Agreement;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be
contaminated with regulated substances; and
removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests
shall be included).
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered
into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize
interference with authorized uses of the Brownfields Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book 31819, Page 453.” A copy of any such instrument shall be sent to the persons listed
in Section XV (Notices and Submissions) of the Brownfields Agreement, though financial figures related to the conveyance may be redacted to the extent said redactions comply with the
confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner conveying an interest may use the following mechanisms to comply with the obligations
of this paragraph, subject to the terms and conditions that DEQ may establish in such approval: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV
(Notice and Submissions) of the Brownfields Agreement; or (ii) the owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XV of the Brownfields Agreement.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 to the Brownfields Agreement and as modified by DEQ in
writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators; and
as constituents of products and materials customarily used and stored for purposes ancillary to the uses approved in LUR 1, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Prior to occupancy of the Brownfields Property for the uses specified in LUR 1, the area identified on the survey plat referenced in Paragraph 20 of the Brownfields Agreement as the
“Soil/Rubble Management Area” shall be covered by at least two feet of clean soil cover, a geotextile fabric with clean soil cover, impervious surface (i.e. concrete, asphalt, building
slab), or other barrier as approved in advance by DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
All monitoring wells on the Brownfields Property were properly abandoned on or before October 27, 2016 to accommodate redevelopment activities. The owner of any portion of the Brownfields
Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any
such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. This includes
the replacement of the monitoring wells identified on the survey plat referenced in Paragraph 20 of the Brownfields Agreement or those wells necessary to address Leaking Underground
Storage Tank (“LUST”) incidents #2851 and #8109 in coordination with DEQ, that have been abandoned during redevelopment activities, if DEQ or other contractual obligations so require.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized
Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, 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, and stating:
the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner, board, association or approved entity submitting the LURU if said owner
or each of the owners on whose behalf a joint LURU is submitted acquired any part of the Brownfields Property during the previous calendar year;
______________________________________________________________
the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner or each of the owners on whose behalf a joint LURU is submitted
transferred any part of the Brownfields Property during the previous calendar year;
______________________________________________________________
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 8 are performing as designed, and whether the uses of the ground floors of any buildings containing such
vapor barrier and/or mitigation systems have changed, and, if so, how.
______________________________________________________________
the required cover of the “Soil/Rubble Management Area” as outlined in LUR 14 is maintained and intact.
______________________________________________________________
A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
______________________________________________________________
LURUs submitted for any portion of the Brownfields Property that contains residential rental units shall include a list of tenants and their addresses.
______________________________________________________________
A LURU submitted for residential rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 21 and 22 of the Brownfields Agreement.
______________________________________________________________
☐ 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: _________________