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Home My WebLink About17019_Erwin Square Renovation_LURUModel_2017_01_30NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Erwin Square Renovation Project #: 17019-13-032 Address: 2200 West Main Street County: Durham 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 Property other than for office, retail, high density residential, hospitality, laboratory/research, parking and recreational use. For purposes of this restriction, the following definitions apply: "Office": Land parcels used for wholesale, retail, office, entertainment or services, including those uses predominantly at street level on multi-functional structures, plus related contiguous accessory uses such as parking areas and service drives, and does not include schools and child care facilities within the definition of "Child care" found in N.C.G.S. § 110-86(2). "High density residential" refers to use as a multi-unit residential building and specifically excludes single family homes. "Hospitality" refers to the business of providing lodging, food, beverages, and other related services to paying customers. "Laboratory/Research" refers to performance of scientific experiments, investigations, research, and/or product development. "Parking" refers to the temporary accommodation of motor vehicles in an area designed for same, including surface parking and multistory structured parking. "Recreational" refers to development for indoor or outdoor non-ground contact leisure activities, including parks, gymnasiums, and swimming pools. "Retail" refers to the sale of goods or services, including restaurants and other food and beverage uses. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Property may not occur other than in accord, as determined by the Department of Environmental Quality (“DEQ”), with a Soil 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 Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the 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; potential sources of the contamination referenced in paragraph 7 of the Brownfields Agreement (“Agreement”, aka: Exhibit A); surface soil sampling for any soil areas that are planned to be exposed after the planned development, and subsurface soil sampling as required by DEQ; contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and plans for the proper characterization of, and, as necessary, disposal of soils excavated during redevelopment. The term "physical redevelopment" shall not include site activities that occur after completion of redevelopment, or landscaping, routine maintenance, or utility work in the affected area of the Property by the Prospective Developer. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater at the Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activity that encounters groundwater on the 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 Property will be suitable for the uses specified in LUR 1 while fully protecting public health and the environment, except for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of the Agreement, may be used or stored at the Property without the prior written approval of DEQ, except in deminimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture or grazing, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for outdoor sports involving contact with soil, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DEQ. For purposes of the Agreement the following definition from N.C.G.S. § 110-86(2) shall apply: "Child care" is a program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours but less than 24 hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption. However, in accordance with the exclusions in N.C.G.S. § 110- 86(2)(d) and 110-86(2)(d1), "child care" does not include the following: Drop-in or short-term care provided while parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible, such as drop-in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels, or churches; or Drop-in or short-term care provided by an employer for its part-time employees where (i) the child is provided care not to exceed two and one-half hours during that day, (ii) the parents are on the premises, and (iii) there are no more than 25 children in any one group in any one room. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged 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: ______________________________________________________________ Neither DEQ, nor any party conducting environmental assessment or remediation at the 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 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 Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice referenced in paragraph 20 of the Agreement is recorded, the owner of any part of the 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 Durham County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Durham 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 submitting the LURU if said owner acquired any part of the Property in fee 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 transferred any part of the Property during the previous calendar year. ______________________________________________________________ A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DEQ. Such joint LURU shall include the name, mailing address, telephone and facsimile numbers, and contact person's email address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any deed or other instrument conveying an interest in the Property executed by an owner of any interest in the Property shall contain the following notice: "The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham County land records, Book 7504, Page 585." A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices and Submissions), though financial figures related to then conveyance may be redacted. ☐ 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 Durham 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: _________________