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Home My WebLink About15020_ReVenture East_LURU Model_20171129NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: ReVenture East Project #: 15020-11-060 Address: Belmead 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 Unless the Department of Environmental Quality (“DEQ”) approves additional uses in advance and in writing, no use may be made of the Property other than for the following purposes: manufacturing, power production (including thermal energy generation), alternative fuels production, recycling, research and development, environmental education, retail, agriculture, data center use, greenhouses, vocational and training facilities, showroom facilities, wildlife habitat enhancement, composting, utilities, recreation, hotels, land conservation, wastewater treatment and/or management, waste stabilization and management, materials management, warehousing and distribution and, if DEQ issues prior written approval, additional commercial uses, as well as all support and maintenance activities associated with each use. Some of the foregoing terms are defined as follows: “Manufacturing” refers to the assembly, fabrication or processing of goods and materials. “Power Production” refers to the generation of power, heat or fuels and may include renewable resources including wind, solar, biomass and other renewable and non-renewable processes other than atomic nuclear fission. “Research” refers to investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in light of new facts, or practical application of such new or revised theories or laws. “Environmental education” refers to organized efforts to teach about natural environments and their function. “Retail” refers to the sale of goods directly to the consumer. “Agriculture” refers to the production of crops, the raising of livestock/animals and management of biological/organic wastes created by such activities. “Data center” refers to a repository for the storage, management and dissemination of data and information. “Utilities” refers to electricity, gas, water and sewer service, including the production, conservation or utilization of these services or resources. “Recreation” refers to passive or active pastimes that include enjoyment of nature and sports, including but not limited to public access to trails and creeks. “Hotel” refers to overnight lodging provided to paying customers. “Land conservation” refers to preservation of undeveloped land in its natural state. “Wastewater treatment” refers to processing wastewater so as to render it less polluted. “Commercial” refers to a business enterprise. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater and, except for storm water management activities and non-potable uses of surface water drawn from the Catawba River, surface water at the Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building with enclosed air space that is designed for human occupancy (this refers to buildings not appearing on Exhibit B of the Brownfields Agreement [“Agreement”]) may be constructed within those areas of the Property designated as a “Building Restricted Area” on Exhibit B until: DEQ determines in writing, based on submittals from the building’s proponent, that the building’s users, and public health and the environment, would not be at an unacceptable health risk from volatile organic vapor contamination; or vapor mitigation measures are installed or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s seal on a report that includes photographs and a description of the installation and performance of said measures. All vapor mitigation measures shall be installed or implemented in accordance with a plan approved in writing by DEQ in advance, including methodology(ies) for demonstrating performance of said measures. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No redevelopment may occur on the Property that involves the material movement or disturbance of soil except in accordance with a soil management plan, approved in writing in advance by DEQ, that provides that if soil that may be contaminated is encountered, as evidenced by staining, odors or other reasonable indicators, the then owner of the affected portion(s) of the Property shall report the suspected contamination to DEQ promptly by telephone and email and take the actions provided in the plan. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used as an outdoor playground or for child care centers or elementary, middle or secondary schools without DEQ’s prior written approval; provided, however, that this restriction does not prohibit the use of the Property for recreation by or environmental education of children in elementary, middle or secondary school. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Agricultural crops grown at the Property may not be consumed by humans or animals without DEQ’s prior written approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Without DEQ’s prior written approval, no owner of the Property shall knowingly allow public recreational or environmental education activities to originate from the Property and occur within the banks of (i) Long Creek, or (ii) the Property’s former waste water treatment canal. For purposes of the Agreement, an activity is considered “within the banks” of Long Creek or the former treatment canal if it takes place below the ordinary high water mark of that water body as indicated by readily discernible physical characteristics (such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, or the presence of litter and debris) or other appropriate means. In the absence of a readily discernible ordinary high water mark, “within the banks” means below the top of bank of that water body. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Without DEQ’s prior written approval, no owner of the Property shall knowingly allow an activity to originate from the Property that would disturb more than one (1) cubic yard of sediment within the banks of (i) Long Creek, or (ii) the Property’s former waste water treatment canal. ☐ 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. ☐ 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 after reasonable advance notice and 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 of Brownfields Property (“Notice”) 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 Mecklenburg County, certifying that, as of said January 1st, the Notice 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. The LURU shall also state: the name, mailing address, telephone number, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Property during the previous calendar year. ______________________________________________________________ the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner transferred any part of the Property during the previous calendar year. ______________________________________________________________ whether any vapor mitigation measures installed pursuant to LUR 3.b. above are operating as designed, and whether the uses of the ground floors of any buildings containing such measures have changed, and, if so, how. ______________________________________________________________ A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DEQ. ______________________________________________________________ ☐ 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: _________________