HomeMy WebLinkAbout16023_Warehouse District_LURU_202011Form revised: 8-1-2016
NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2020
Name: Warehouse District
Project #: 16023-12-092
Address: 110 S. West Street
County: Wake
Property Owner (In part or whole): 120 Raleigh (Property Owner Venture), LP
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
LUR 1: No use may be made of the Brownfields Property other than for mixed use
development and associated automobile parking. For purposes of this restriction, the following
definitions apply:
a. “Mixed use” refers to the development of property, which allows the mixing of
residential, commercial, and industrial development. The planned development
creates greater choices in living and working environments.
b. “Parking” refers to the temporary accommodation of motor vehicles in an area
designed for same.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 2: Unless compliance with this LUR is waived in writing in advance by the
Department of Environment and Natural Resources (“DENR”) in relation to particular buildings,
no use of the Brownfields Property may occur prior to demolition of buildings on the
Brownfields Property, with the exception of the warehouse located at 120 S. West Street,
depicted on the plat of the Notice of Brownfields Property (“Notice”) in accordance with
applicable legal requirements, including without limitation those related to lead and asbestos
abatement that are administered by the Health Hazards Control Unit within the Division of
Public Health of the North Carolina Department of Health and Human Services.
☒ In compliance ☐ Out of compliance
Remarks: property owner purchased the property in December 2019, after the Brownfields
property redevelopment was complete
Warehouse District (#16023-12-092) LUR Update
LUR 3: Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DENR, with an Environmental Management Plan approved in
writing by DENR in advance (and revised to DENR’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:
a. soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;
b. potential sources of the contamination referenced in the Notice’s Exhibit A,
paragraph 7;
c. surface soil sampling for any soil areas that are planned to be exposed after the
planned development, and subsurface soil sampling as required by DENR.
d. contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields); and
e. plans for the proper characterization of, and, as necessary, disposal of soils
excavated during redevelopment.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 4: Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DENR.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 5: After conclusion of the redevelopment period referenced in LUR 3 above, as
determined by DENR, no activity that disturbs soil on the Brownfields Property may occur
unless and until DENR states in writing, in advance of the proposed activity, that said activity
may occur if carried out along with any measures DENR deems necessary to ensure the Property
will be suitable for the uses specified in LUR 1 above while fully protecting public health and
the environment.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 6: No building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat of the Notice, may be occupied until:
Warehouse District (#16023-12-092) LUR Update
a. DENR 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
risk from the Brownfields Property’s volatile contaminant plume; or
b. 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 DENR in advance,
including methodology(ies) for demonstrating performance of said measures.
☒ In compliance ☐ Out of compliance
Remarks: NCDEQ issued a letter on March 28, 2019 stating that a vapor mitigation system is
not required.
LUR 7: None of the contaminants known to be present in the environmental media at
the Brownfields Property, including those appearing in the Notice’s Exhibit A, paragraph 7, may
be used or stored at the Brownfields Property without the prior written approval of DENR,
except in de minimis amounts for cleaning and other routine housekeeping activities.
☒ In compliance ☐ Out of compliance
Remarks: After identifying a diesel emergency generator on-site in January 2020, Terracon, on
behalf of the new property owner as of December 2019, notified the Brownfields Program of the
diesel storage and submitted a letter requesting Brownfields approval. The NCDEQ Brownfields
Property Management Unit issued a letter on April 29, 2020 approving the diesel emergency
generator.
LUR 8: The Brownfields Property may not be used for agriculture or grazing, without
the prior written approval of DENR.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 9: 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 DENR.
☒ In compliance ☐ Out of compliance
Warehouse District (#16023-12-092) LUR Update
Remarks: NCDEQ issued a letter December 17, 2012 approving fitness and recreational
activities on the roof and/or inside the building
LUR 10: 10. The Brownfields Property may not be used as a playground, or for child
care centers or schools, without the prior written approval of DENR.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 11: The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DENR-approved monitoring well is damaged shall be responsible for
repair of any such wells to DENR’s written satisfaction and within a time period acceptable to
DENR, unless compliance with this LUR is waived in writing by DENR in advance.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
LUR 12: Neither DENR, 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 DENR, 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: ______________________________________________________________
LUR 13: 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 DENR, and to the chief public health and
environmental officials of Wake County, certifying that, as of said January 1st, the Notice of
Brownfields Property containing these land use restrictions remains recorded at the Wake
County Register of Deeds office and that the land use restrictions are being complied with, and
stating:
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 Brownfields Property during the previous calendar year.
120 Raleigh (Property Owner Venture), LP, a Delaware Limited Partnership, c/o
Pillsbury Winthrop Shaw Pittman LLP, 31 West 52nd Street, New York, New
York 10019
Warehouse District (#16023-12-092) LUR Update
b. 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.
______________________________________________________________
c. whether any vapor barrier and/or mitigation systems installed pursuant to LUR
6b. 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.
A vapor mitigation system was not installed. See remark under LUR 6.
☒ In compliance ☐ Out of compliance
Remarks: 120 Raleigh (Property Owner Venture), LP took ownership of the property in
December 2019.
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification
that the Notice of Brownfields Property remains recorded at the Wake 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: ___________________
STATE
__________ 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: _________________