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Home My WebLink About10061_Old Pineville Road_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year CertificationMade:2018Name: Project #: Address:County: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 mixed office, retail, residential (see LUR 4 below) and, with prior written Department of Environmental Quality (“DEQ”) approval, other commercial purposes. In connection with this restriction, the following definitions apply. “Office” refers to the provision or rendering of business or professional services. “Retail” refers tothe sale of goods, products or merchandise directly to the consumer. “Residential” refers to use for a permanent dwelling of a single family, detached, duplex, triplex, quadriplex, attached or multifamily dwelling, and to hotel use. “Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. In complianceOut of compliance Remarks: Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance, no use of the Brownfields Property may occur prior to demolition of all buildings on the Brownfields Property depicted on the plat component of the Notice of Brownfields Property(“Notice”) in accordance with applicable legal requirements, including without limitation those administered by the Health Hazards Control Unit (formerly the Lead and Asbestos Abatement Program) of the Department of Health and Human Services, Division of Public Health. In complianceOut of compliance Remarks: Soil underlying buildings identified 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 waives or relaxes this requirement 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 affected soil is exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law in order to render the Brownfields Property suitable for the uses specified in Land Use Restriction 1 above while fully protecting public health and the environment, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in the Brownfields Agreement 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 disturbed, at the discretion of the party(ies) performing the work 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, as necessary to make the Brownfields Property suitable for the uses specified in Land Use Restriction 1 above while fully protecting public health and the environment. In complianceOut of compliance Remarks: No residential construction or conversion of any structure to residential use may occur at the Brownfields Property without prior written notification to DEQ and: pre-occupancy certification to DEQ, under the seal of a professional engineer licensed in North Carolina, that mechanical ventilation with outdoor air of each space to be occupied has been provided in conformance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code; or pre-construction/conversion sampling and analysis of soil gas to the written satisfaction of DEQ that DEQ determines in writing obviates the option set forth in LUR4.a. above. In complianceOut of compliance Remarks: Underground water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. In complianceOut 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 complianceOut of compliance Remarks: No 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 complianceOut of compliance Remarks: The Brownfields Property may not be used as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. In complianceOut of compliance Remarks: The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In complianceOut of compliance Remarks: The Brownfields Property may not be used as a playground, or for child care centers or schools. In complianceOut of compliance Remarks: The Brownfields Property may not be used for kennels, private animal pens or horse-riding. In complianceOut of compliance Remarks: The owner of any portion of the Brownfields Property where any existing or later 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 complianceOut 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 complianceOut 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 (“LURU”) to DEQ certifying that 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 submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. Insert required information here, if applicable: 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 Brownfields Property during the previous calendar year. Insert required information here, if applicable: In complianceOut of compliance Remarks: Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at theCounty 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: 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 NotaryNotary’s printed or typed name, Notary Public(Official Seal)My commission expires: