22061_NC DOT - CC Mangum US64E_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2021Project:
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] use may be made of the Brownfields Property other than for high-density residential, retail, office, restaurant, hotel, open space, greenways, gas station,
brewery or food production facility, grocery, warehouse, parking, and, subject to the Department of Environmental Quality’s (“DEQ”) prior written approval, other commercial uses. Any
proposed location for a gas station shall be subject to DEQ prior written approval. For purposes of this restriction, the following definitions apply:“High density residential” is defined
as permanent dwellings where residential units are attached to each other with common walls, such as condominiums, apartments (including exclusively rental townhouses under common ownership),
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 (e.g., privately-owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages.  Single family homes are prohibited;
townhomes, duplexes or other individually owned units that include land ownership are prohibited unless approved in writing by DEQ in advance.“Retail” is 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.“Office” is defined
as the provision of business or professional services.“Restaurant” is defined as a commercial business establishment that prepares and serves food and beverages to patrons.“Hotel” is
defined 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.“Open Space” is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities
for storm water.“Greenways” are defined as a natural or constructed corridors traversing open space, which may be used for pedestrian or bicycle passage.  Greenways typically link areas
of activity, such as parks, cultural features, or historic sites with each other and with populated areas.“Gas Station” is defined as a retail facility at which motor vehicles are commercially
refueled.“Brewery or Food Production Facility” is 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.“Grocery” is defined as a retail store that offers non-perishable food packaged in bottles, boxes, and cans;
perishable food such as baked goods, meats, deli products, and fresh produce; and which may sell non-food items, such as clothing and household items and may provide pharmacy, financial,
or other personal services.“Warehousing” is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses
among others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial
activity.“Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same.“Commercial” is defined asan enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
In complianceOut of compliance
Remarks:Residential townhome units shall only be occupied by residents under lease and shall not be sold to individual owners for occupation or subletting.  At the discretion of DEQ,
conditioned on prior written DEQ review and approval of a private ownership plan that includes conditions DEQ may impose, without limitation, for enhanced land use restriction enforceability
and fees to offset the cost to the state, the units may be approved for individual sale.
In complianceOut of compliance
Remarks:The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined 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 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 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 fields, oil-water separators,
soil contamination);contingency plans related to sampling and managing soil, groundwater and surface water related to the installation or maintenance of storm water drain lines or walking
trails; andplans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.
In complianceOut of compliance
Remarks:Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.
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 inches;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; andin connection to work conducted in accordance with a DEQ-approved Environmental
Management Plan (EMP) as outlined above in LUR 3.
In complianceOut of compliance
Remarks:No occupancy of newly constructed buildings on the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling
of all areas that are not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways pursuant to a plan approved in writing by DEQ.
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 above in LUR 3.
In complianceOut of compliance
Remarks:No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property,
may 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; 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; orvapor intrusion mitigation measures are designed, installed, and implemented in a manner that will fully protect public health 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, quality assurance
testing procedures, and performance of said measures, and to DEQ. Any design specification and quality assurance testing procedures for vapor intrusion mitigation measures shall be
approved in writing by DEQ in advance of installation and/or implementation of said measures and procedures.
In complianceOut of compliance
Remarks:Within 90 days 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 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; andremoval 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 Wake County land records, Book 18222, Page 977.” 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 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 2of 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; as fuel or other fluids customarily used in vehicles, landscaping equipment
and emergency generators; andas constituents of products and materials customarily used and stored in high-density residential, retail, office, restaurant, hotel, open space, greenways,
gas station, brewery or food production facility, grocery, warehouse, parking, and, with DEQ’s prior written approval, other commercial uses, provided such products and materials are
stored in original retail packaging and used and disposed of in accordance with applicable laws.
In complianceOut of compliance
Remarks:Within 60 days, or in accordance with a schedule approved in writing in advance by the North Carolina Brownfields Program (NCBP), after the effective date of the Agreement or
prior to land disturbance activities and after consultation with the NCBP, Prospective Developer shall abandon all monitoring wells, injection wells, recovery wells, piezometers and
other manmade points of groundwater access at the Brownfields Property, except those wells the North Carolina Inactive Hazardous Sites Branch requires to remain on the Brownfields Property,
in accordance with Subchapter 2C of Title 15A of the 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 complianceOut of compliance
Remarks:No occupancy of any site residential building shall occur unless the current owner sets aside the agreed upon percentages of the total proposed residential units to comply with
the workforce house rent rate guidelines presented in Exhibit 3 to the Agreement.
In complianceOut of compliance
Remarks:No land disturbing or construction activities can occur within the parcel 1734641204 adjacent to the Neuse River Greenway, nor along or on any portion of the bluff face above
and along said greenway, without DEQ prior written approval.
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 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. The submitted
LURU shall state the following:the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner or board, association or approved entity submitting
the LURU if said owner or each of the owners on whose behalf the joint LURU is submitted 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;whether
any vapor barrier and/or mitigation systems installed pursuant to LUR 9.c 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 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 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: