23037_Elan Indian Trail_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]
No use may be made of the Brownfields Property other than for high-density residential, hotel, open space, recreation, parking, and with prior written Department of Environmental Quality
(“DEQ”) approval, other commercial uses. For purposes of this restriction, the following definitions apply:
“High-Density Residential” 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 (e.g., privately-owned courtyards
are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas, leasing offices, and parking garages. Single family homes are
prohibited; privately owned townhomes, duplexes or other units with private yards are prohibited unless approved in writing by DEQ in advance.
“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.
“Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for stormwater.
“Hotel” defined as a building containing more than four individual rooms that provides overnight lodging facilities along with reservation, cleaning, utilities, and on-site management
and reception services for paying customers;
“Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
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:
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 and; 
in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (“EMP”) as outlined below in LUR 7.
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 7.
In complianceOut of compliance
Remarks:
Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.  
In complianceOut of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other than in accordance, 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:
As part of the annual Land Use Restriction Update submitted pursuant to LUR 13 below 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; 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 Union County land records, Book 7927, Page 587.”  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 paragraph:
(i) If every lease or rider is identical in form, the owner conveying a leasehold interest may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying a leasehold 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; 
as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators; and
as constituents of products and materials customarily used and stored in high-density residential, hotel, open space, recreation, parking, and, with written DEQ 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:
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 Union County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Union 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 number, 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 number, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar
year;
LURUs submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses.
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: