HomeMy WebLinkAbout20034_Metrolina Expo_LURU ModelNC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Metrolina Expo
Project #: 20034-16-060
Address: 7100, 7320 Statesville Road
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 industrial, warehousing, office, parking, retail, and subject to DEQ’s prior written approval, other commercial uses. For
purposes of this restriction, the following definitions apply:
Industrial is defined as the manufacturing, assembly, fabrication, processing, warehousing or distribution of goods or materials.
Warehousing is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters; wholesalers, transport businesses among others, and also refers
to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity.
Office is defined as the provision of business or professional services.
Parking is defined as the temporary accommodation of trailers and motor vehicles in an area designed for the same.
Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, including the sales of food
and beverage products.
Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
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: ______________________________________________________________
Groundwater at the Brownfields Property may not be used or exposed 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: ______________________________________________________________
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 I above 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;
in connection with 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 connection with work conducted in accordance with a DEQ-approved Environmental Management Plan (“EMP”) as outlined in LUR 8.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No use of the Brownfields Property as outlined in LUR 1 may occur more than 90 days after the completion of each applicable phase of redevelopment until the then owner of the Brownfields
Property conducts representative final grade soil sampling of any area where landfarm soils will be exposed, pursuant to a plan approved in writing by DEQ.
☐ 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 Environmental Management Plan as outlined in LUR 8.
☐ 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: ______________________________________________________________
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan 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 Brownfields 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 of the Brownfields Agreement (“Agreement”, aka: Exhibit A).
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, 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: ______________________________________________________________
As part of the Land Use Restriction Update described below in LUR 14 for each year after the year in which the Notice of Brownfields Property (“Notice”) is recorded, 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 LURU, with a summary and drawings, that describes:
actions taken on the Brownfields Property in accordance with Section V: Work to be Performed of Exhibit A;
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;
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);
the final placement of all soils formerly located within the petroleum landfarm area.
☐ 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 31912, Page 840.” A copy of any such instrument shall be sent to the persons listed
in Section XV (Notices and Submissions) of Exhibit A, though financial figures and other confidential information 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, (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 (Notices and Submissions) of Exhibit A; 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 Exhibit A.
☐ 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 of Exhibit A 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 constituents of products and materials customarily used and stored in industrial, warehousing, office, parking, retail and, with prior written DEQ approval, other commercial environments,
provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws;
in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields
Property in the original packaging or containers; and
as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable liquid storage containers
totaling no more than 25 gallons.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The owner of any portion of the Brownfields Property where any 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.
☐ 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 the 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 the joint LURU is submitted,
transferred any part of the Brownfields Property during the previous calendar year;
______________________________________________________________
whether all products containing hazardous substances used or stored at the Brownfields Property are being managed in compliance with LUR 12.
______________________________________________________________
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.
______________________________________________________________
A LURU submitted for 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 LUR 11 and paragraphs 21 and 22 of Exhibit A.
______________________________________________________________
A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brown-fields 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: _________________