23001_ESTUL Tools and Mfg_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2020Project:
Project Number:
Address:County:Property Owner (In part or whole)/Association:
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 or email:
NC Division of Waste Management
Attn: Brownfields Property Management Unit
1646 Mail Service Center
Raleigh, NC  27699-1646
[e-mail]
No use may be made of the Brownfields Property other than for industrial, office, open space, recreation, retail, restaurant, entertainment, institutional, hotel, brewery or food production
facility, parking, and with prior written DEQ approval, other commercial uses and/or multi-family residential. For purposes of this restriction, the following definitions apply:
“Industrial” defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials;
“Office” defined as the provision of business or professional services;
“Open space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for storm water;  
“Retail” defined 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;
“Restaurant” defined as a commercial business establishment that prepares and serves food and beverages to patrons;
“Brewery or Food Production Facility” defined as an establishment for the manufacture, sale and distribution of beverages or food products, including without limitation beer and ale,
together with associated public roadways and related infrastructure;
“Parking” defined as the temporary accommodation of motor vehicles in an area designed for same; 
“Recreation” 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, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas;
“Entertainment” defined as private, public, and community activities (such as, for example, festivals, theater, musical events or shows), which may include food and beverage service;
“Institutional” defined as the use of land, buildings or structures for public, non-profit, quasi-public purposes, such as libraries, community centers, post-secondary education facilities,
or health care facilities;
“Hotel” defined as the provision of overnight lodging to customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management
and reception services;
“Commercial” defined asan enterprise carried on for profit or nonprofit by the owner, lessee or licensee; and
“Multi-Family Residential” defined as multi-unit human dwellings, such as condominia or apartments. Single family homes, townhomes, duplexes, or other units with yards are prohibited
unless approved in writing by DEQ in advance. Any property outside the dwelling structures shall be usable by all residents and not privately owned as part of a particular unit (e.g.,
privately-owned courtyards are prohibited). Multi-Family Residential shall include related amenities, such as pools, clubhouses, courtyards, common areas, dog runs, recreation areas
and parking garages.
In complianceOut of compliance
Remarks:The Brownfields Property may not be used for child care centers, adult care centers or schools without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
Unless compliance with this LUR is waived in writing by DEQ in advance in regard to particular activity or unless in connection with work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in LUR 9, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes
or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property 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 Brownfields Property will be suitable for the uses specified
in LUR 1 above while fully protecting public health and the environment.  Prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such
activities, and submittal of the analytical results to DEQ is required.  If such results reflect contaminant concentrations that exceed the standards and screening levels applicable
to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes.  Activities may
occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in LUR 1 above while fully protecting public
health and the environment.
In complianceOut of compliance
Remarks:
No activity that disturbs soil on the Brownfields 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 Brownfields Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the
environment, except:
in connection with landscape planting to depths not exceeding 24”;
mowing and pruning of above-ground vegetation;
for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only 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; or
in connection to work conducted in accordance with a DEQ-approved EMP as outlined below in LUR 9
In complianceOut of compliance
Remarks:

Soil may not be removed from, or brought onto, the Brownfields 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 below in LUR 9
In complianceOut of compliance
Remarks:
No enclosed building may be constructed on the Brownfields Property nor be occupied until DEQ determines in writing that:
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-specific risk assessment
approved in writing by DEQ; or
the building is or would be sufficiently distant from the Brownfields Property’s groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building’s
users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or
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 specification for vapor intrusion mitigation measures shall
be approved in writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance
of said measures.
In complianceOut of compliance
Remarks:
On-going indoor air sampling of locations IA-1A, IA-2A, IA-3A, IA-4A, and IA-5A, as depicted on Figure 3 of the June 25, 2019 Brownfields Assessment Report,shall be conducted, as outlined
in the March 22, 2019 Brownfields Assessment Work Plan Revision 1, annually until such time as three consecutive annual indoor air sample events indicate that the risk within the buildings
is acceptable for the uses specified above in LUR 1 or such time that vapor intrusion mitigation measures approved in advance in writing by DEQ are installed and/or implemented at the
Brownfields Property to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal on a report as provided in LUR 6.c.
At such time either of the above occurs, a request to terminate future sampling may be submitted to DEQ that includes the public health rationale for such termination. Should the data
collected from these indoor air monitoring events indicate exposures at the Brownfields Property that raise the risk to public health or the environment associated with the Brownfields
Property beyond an acceptable range and in a manner or to a degree not anticipated in this Agreement, DEQ may require that the then owner(s) re-evaluate that risk for areas potentially
subject to said risk and conduct any actions DEQ deems necessary to reduce said risk to make the Brownfields Property suitable for the uses authorized in LUR 1 above while fully protecting
public health and the environment.
In complianceOut of compliance
Remarks:
No disturbance or alteration of the slab within the existing building footprint, as depicted on the plat component of the Notice of Brownfields Property, may occur unless in accordance
with a DEQ-approved EMP, unless otherwise approved in advance in writing by DEQ, or unless in the case of emergency circumstances for repair of underground infrastructure, in which case
DEQ shall be provided written notice no later than the next business day and any related assessment and remedial measures required by DEQ shall be taken.
In complianceOut of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an EMP 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 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:
soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2;
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 fields, oil-water separators, soil contamination); and
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.
In complianceOut of compliance
Remarks:
No later than January 31 after each one-year anniversary of the effective date of the Agreement for as long as physical redevelopment of the Brownfields Property continues (except that
the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment-related activities (other than DEQ IHSB program activities) since the last report, with a summary and drawings, that describes:
actions taken on the Brownfields Property in accordance with Section V: Work to be Performed above;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be
contaminated with regulated substances; and
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 complianceOut of compliance
Remarks:
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 Brownfields Property.
In complianceOut of compliance
Remarks:
Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as

Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book 34186, Page 705.” A copy of any such instrument shall be sent to the persons listed
in Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality 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: (i) 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 (ii) 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 complianceOut of compliance
Remarks:
None of the contaminants known to be present in the environmental 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 Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ,
except:
in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
in fluids in vehicles;
as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment, or in flammable liquid storage
containers totaling no more than 25 gallons;
as constituents of products and materials customarily used and stored in office, open space, recreation, retail, restaurant, entertainment, institutional, hotel, brewery or food production
facility, and parking environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; and
in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields
Property in the original packaging or containers.
In complianceOut of compliance
Remarks:
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 DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, 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;
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;
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 6 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; and
any data acquired from the indoor air sampling on the Brownfields Property referenced in LUR 7, above.
In complianceOut of compliance
Remarks:
Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at theCounty Register of Deeds offices and that
the LURs are being complied with.
This LUR Update is certified by, the owner of at least part of the Brownfields Property, or if appropriate another entity on behalf of some or all owners, 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: