21030_Trenton Cotton Mill_City of Gastonia_LURU20

Owenby,Candice
From:Crisp,Kristy
Sent:Wednesday,April 8,2020 10:20 AM
To:Peoples,Michael;Owenby,Candice
Cc:McPhatter,Quentin;GibSOn,Cody
Subject:21030_Trenton Cotton Mill_LURU Model
Attachments:21030_Trenton Cotton Mill_LURU Modelidocx
Michael —Each year while we own the Brownfield property,we need to complete this certification.Cody has been
taking the lead in coordinating this effort between our developers,Geologic Resources and the State.Hopefully this will
be our last year.
I have attached this year’s compliance form that needs your signature and notarization.
Candice,can you send back a scanned copy for us to submit?
Thanks,
Kristy
NC BROWNFIELDS
Land Use Restrictions (“LUR”)UPDATE
Year Certication Made:2020
Name:Trenton Cotton Mill Address:612 West Main Avenue;
620 West Franklin Boulevard
Project #:21030-17-036 County:Gaston
Property Owner (In part or whole):City of Gastonia
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:
LUR 1:
NC Division of Waste Management
Attn:Bl‘ownelds Program Staff
1646 Mail Service Center
Raleigh,NC 27699-1646
No use may be made of the Brownelds Property other than for retail,ofce,
open space,recreation,high-density residential,restaurant,brewery or food production facility,
parking,and,subject to the Department of Environmental Quality’s (“DEQ”)prior written
approval,other cormnercial uses.For purposes ofthis restriction,the following denitions apply:
a.
d.
go
“Retail”is dened as the sale 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 this agreement,
retail excludes use as a dry cleaner using chlorinated solvents.
“Ofce”is dened as the provision ofbusiness or professional services.
“Open space”is dened as land maintained in a natural or landscaped state and
used for natural resource protection,buffers,greenways,or detention facilities for
stonn water.
“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,spos-related courts and
fields,open space,greenways,parks,playgrounds,walking paths,and picnic and
public gathering areas.
“High density residential”is defined as permanent dwellings where residential units
are attached to each other with common walls,such as condominia,apartments,
group homes,dormitories or boarding houses,and any property outside the
dwelling structures is usable by all residents and not privately owned as part of a
particular unit,and may include related amenities,such as pools,Clubhouses,
courtyards,common areas,recreation areas and parking garages.
“Restaurant”is dened as a commercial business establishment that prepares and
serves food and beverages to patrons.
“Brewery or Food Production Facility“is dened as an establishment for the
Trenton Cotton Mill (#21030-17-03 6)LUR Update
manufacture,sale and distribution ofbeverages or food products,including without
limitation beer and ale,together with associated public roadways and related
infrastructure.
“Hotel”is dened as the provision of overnight lodging to paying customers,and
to associated food services,gym,reservation,cleaning,utilities,parking and on—
site hospitality,management and reception services.
“Parking”is dened as the temporary accommodation of motor vehicles in an area
designed for same.
“Commercial”is dened as an enterprise carried on for prot or nonprot by the
owner,lessee or licensee.For the purposes of this agreement,this excludes uses
that store,handle,or use chlorinated solvents.
In compliance D Out of compliance
Remarks:
LUR 2:
centers or scho
The Brownelds Property may not be used for child care centers,adult care
ols without the prior written approval of DEQ.
E!In compliance El Out of compliance
Remarks:
LUR 3:Physical redevelopment of the Brownelds Property may not occur other than
in accord,as deteimined by DEQ,with an Environmental Management Plan (“EMP”)approved in
writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent
redevelopment
redevelopment
phase)that is consistent with all the other land use restrictions and describes
activities at the Brownelds Property,the timing of redevelopment phases,and
addresses health,safety and environmental issues that may arise from use of the Brownelds
Property during construction or redevelopment in any other form,including without limitation:
a.
b.
soil and water management issues,including without limitation those resulting
‘om contamination identied in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2 to the
Agreement;
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 elds,oil-water separators,
soil contamination);and
plans for the proper characterization of,and,as necessary,disposal of contaminated
soils excavated during redevelOpment.
E In compliance D Out of compliance
Trenton Cotton Mill (#21030—1 7-036)LUR Update
Remarks :
LUR 4:No use of the Brownelds Property as specied above in LUR No.1 may occur
until the then—owner of the Brownelds Property conducts representative nal grade soil sampling
pursuant to a plan approved in writing by DEQ of any area of the Brownelds Property that will
not be covered by building foundations,sidewalks,or asphaltic or concrete parking areas and
driveways unless otherwise approved in writing by DEQ in advance.
E]In compliance CI Out of compliance
Remarks:
LUR 5:Groundwater at the Br‘ownelds Property may not be used for any purpose
without the prior written approval of DEQ.
[X]In compliance D Out of compliance
Remarks:
LUR 6:No activity that disturbs soil on the Brownelds 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 Brownelds Property
will be suitable for the uses specied in LUR No.1 above while fully protecting public health and
the environment,except:
a.in connection with landscape planting to depths not exceeding 24 inches;
b.mowing and pruning of above—ground vegetation;
c.for repair of underground infrastructure,provided that DEQ shall be given written
notice at least seven days in advance of a scheduled repair (ifonly 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
and;
d.in connection to work conducted in accordance with the EMP as outlined above in
LUR No.3.
E In compliance 1:]Out of compliance
Remarks:
Trenton Cotton Mill (#21030—17—036)LUR Update
LUR 7:Soil may not be removed from,or brought onto,the Brownelds 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 above in LUR No.3.
In compliance CI Out of compliance
Remarks:
LUR 8:No enclosed building may be constructed on the Brownelds Property and no
existing building,dened as those depicted on the plat component of the Notice of Brownelds
Property referenced in paragraph 20 of the Agreement,may be occupied,until DEQ determines in
writing that:
a.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-
specic risk assessment approved in writing by DEQ;or
b.the building is or would be sufciently distant from the Brownelds Property’s
groundwater and/or soil contamination based on assessment data approved in
writing by DEQ that the building’s user's,public health and the environment will
be protected from risk from vapor intrusion related to said contamination;or
c.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
specication for vapor intrusion mitigation measures shall be approved in writing
by DEQ in advance of installation and/or implementation of said measures.The
design specications shall include 1netlrodology(ies)for demonstrating
performance of said measures.
In compliance |:|Out of compliance
Remarks :
LUR 9:By January 31 of each one—year anniversary of the effective date of the
Agreement,and for as long as physical redevelopment of the Brownelds Property continues
(except that the nal deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownelds Property shall provide DEQ a report subject to written DEQ
approval on enviromnent-related activities since the last report;with a summary and drawings,that
describes:
a.actions taken on the Brownelds Property in accordance with the EMP required by
subparagraph 15.0 above;
b.soil grading and cut and fill actions;
c.methodology(ies)employed for eld screening,sampling and laboratory analysis
of environmental media;
Trenton Cotton Mill (#21030-17—036)LUR Update
d.stockpiling,containerizing,decontamina’ting,treating,handling,laboratory
analysis and ultimate disposition of any soil,groundwater or other materials
suspected or confirmed to be contaminated with regulated substances;and
e.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 D Out of compliance
Remarks:
LUR 10: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 Brownelds Property.
El In compliance CI Out of compliance
Remarks:
LUR 1 1:None of the contaminants known to be present in the envirornnental media at the
Brownfields Property,as described in Exhibit 2 of the Agreement and as modified by DEQ in
writing if additional contaminants in excess of applicable standards are discovered at the
Brownelds Property,may be used or stored at the Brownelds Property without the prior written
approval of DEQ,except:
a.in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
b.as rel or other uids customarily used in vehicles,landscaping equipment,and
emergency generators;and
c.as constituents of products and materials customarily used and stored in retail,
office,open space,recreation,high-density residential,restaurant,brewery or food
production facility,parking,or commercial environments,provided such products
and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws.
EX]In compliance D Out of compliance
Remarks :
Trenton Cotton Mill (#21030—17—036)LUR Update
LUR 12: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.
E In compliance D Out of compliance
Remarks :
LUR13:Within 60 days after the effective date of this Agreement or prior to land
disturbance activities,Prospective Developer shall abandon monitoring wells,injection wells,
recovery wells,piezometers,water supply wells and other man-made points ofgroundwater access
at the Brownfields Property,in accordance with Subchapter 2C ofTitle 15A ofthe North Carolina
Administrative Code,unless an alternate schedule is approved by DEQ.Within 30 days after
doing so,the Prospective Developer shall provide DEQ a report,setting forth the procedures and
results.
In compliance Cl Out of compliance
Remarks:
LUR 14:Any deed or other instrument conveying an interest in the Brownelds Property
shall contain the following notice:“This property is subject to the Brownelds Agreement attached
as Exhibit A to the Notice of Brownfields Property recorded in the Gaston County land records,
Book M,Page w.”A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions),though nancial gures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the condentiality 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 subparagraph:
a.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
subparagraph,in lieu of sending copies of actual,executed leases,to the persons
listed in Section XV (Notice and Submissions);or
b.The owner conveying an interest may provide abstracts of leases,rather than full
copies of said leases,to the persons listed in Section XV.
In compliance Cl Out of compliance
Remarks :
Trenton Cotton Mill (#21030—17—036)LUR Update
LUR 15:During January of each year after the year in which the Notice referenced below
in paragraph 20 is recorded,the owner of any part of the Brownelds Property as of January 15t
of that year shall submit a notarized Land Use Restrictions Update (“LURU”)to DEQ,and to the
chiefpublic health and environmental ofcials of Gaston County,certifying that,as of said JanuaryI“,the Notice of Brownfields Property containing these land use restrictions remains recorded at
the Gaston County Register of Deeds office and that the land use restrictions are being complied
with.The submitted LURU shall state the following:
a.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 Brownelds Property during the previous calendar year;
b.the transferee’s name,mailing address,telephone and facsimile numbers,and
contact person’s e-mail address,if said owner transferred any pait of the
Brownfields Property during the previous calendar year;and
c.whether any vapor banier and/or mitigation systems installed pursuant to LUR No.
8 above 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.
d.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.
In compliance D Out of compliance
Remarks:
Notarized signing and submittal of this LUR Update constitutes certification that the Notice of
Brownelds Property remains recorded at the Gaston County Register ofDeeds ofce and that the
LURs are being complied with.
Trenton Cotton Mill (#21030-17-036)LUR Update
This LUR Update is certied by City of Gastonia /Michael Peoples,City Manager ,owner of at
least part of the Brownelds Property on this 8th day ofApril,2020.
Name typed or printed of party making certication:City of Gastonia
[Note:additional entities or owners may be added if appropriate (i.e.multiple managing members/entities)]
By:W6 Wyature)
Name typed or printed:Michael'Peoples
Title typed or printed:City Manager
NORTH CAROLINA
Gaston 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:ml'ggd L.Page;,Qty Wujc f
Date:[7‘’7 '3 04.0 5/7WMM Ll/'l"
Ofcial Signature ofNotary U
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Notary’s printed or typed name,Notaél Public
(Ofcial Seal)My commission expires:
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