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Home My WebLink About20094_Former Belmont Dyers_Aberfoyle HOA_LURU_2021NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2021 Name: Former Belmont Dyers Project #: 20094-16-036 Address: 18 Linestowe Drive County: Gaston Property Owner (In part or whole): Aberfoyle Village Homeowner’s Association (HOA) c/o CSI Property Management 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 high density residential, open space, parking, recreation, and with prior written the Department of Environmental Quality (“DEQ”) approval, other commercial uses. For purposes of this restriction, the following definitions apply: a. “High Density Residential” defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, townhomes, 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 (with the exception of privately owned or inhabited townhome yard areas, which are permitted under this Agreement), and shall include related amenities, such as pools, clubhouses, leasing offices, courtyards, common areas, recreation areas and parking garages. b. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. c. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for stormwater. d. “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, dog parks, walking paths, and picnic and public gathering areas. e. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. Former Belmont Dyers (#20094-16-036) LUR Update ☒ In compliance ☐ Out of compliance Remarks: The HOA makes certification upon best information and belief after reasonable investigation and has no knowledge of violation of this land use restriction. LUR 2: Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. ☒ In compliance ☐ Out of compliance Remarks: The HOA makes certification upon best information and belief after reasonable investigation and has no knowledge of violation of this land use restriction. LUR 3: 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: a. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; b. issues related to potential sources of contamination referenced in Exhibit 2 of the Exhibit A. c. 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 d. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment; ☒ In compliance ☐ Out of compliance Remarks: The HOA makes certification upon best information and belief after reasonable investigation and has no knowledge of violation of this land use restriction. LUR 4: Unless otherwise approved by DEQ in writing after results of post grade soil sampling are received per paragraph 16 of the Exhibit A, 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 No. 1 above while fully protecting public health and the environment, except: a. in connection with landscape planting to depths not exceeding 24”; Former Belmont Dyers (#20094-16-036) LUR Update 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 (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; d. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in LUR No. 3. ☒ In compliance ☐ Out of compliance Remarks: The HOA makes certification upon best information and belief after reasonable investigation and has no knowledge of violation of this land use restriction. LUR 5: 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 in LUR No. 3. ☒ In compliance ☐ Out of compliance Remarks: The HOA makes certification upon best information and belief after reasonable investigation and has no knowledge of violation of this land use restriction. LUR 6: 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, 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 Brownfields Property assessment data or a site-specific risk assessment approved in writing by DEQ; or b. 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 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 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 compliance ☐ Out of compliance Former Belmont Dyers (#20094-16-036) LUR Update Remarks: Vapor intrusion mitigation systems (VIMS) have been installed in the units located at 100 to 168 Linestowe Drive (Units 53 through 70) as reported in the H&H VIMS Construction Completion Report – Revision 1, dated April 16, 2020. In accordance with the Vapor Intrusion Mitigation Plan (VIMP), a semi-annual inspection of the VIMS was completed in September 2020. In accordance with the VIMP, annual sub-slab sampling and additional semi-annual inspections of the VIMS will be completed in 2021. The inspection forms and results of the sub-slab sampling events will be reported to DEQ in a report under separate cover following the sampling event. LUR 7: As part of the LUR Update described in LUR No. 12 for each year after the year in which the Notice is recorded, 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: a. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed of the Exhibit A; b. soil grading and cut and fill actions; c. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; d. 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 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 ☐ Out of compliance Remarks: Environmental related construction activities were completed in mid-2020 and are reported in the H&H Final Grade Soil Sampling and Construction Completion Report, dated June 19, 2020. No further environmental related construction activities are anticipated at this time. LUR 8: 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 compliance ☐ Out of compliance Remarks: The HOA makes certification upon best information and belief after reasonable investigation and has no knowledge of violation of this land use restriction. Former Belmont Dyers (#20094-16-036) LUR Update LUR 9: 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 Gaston County land records, Book 4950, Page 1732.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of the Exhibit A, 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 paragraph: (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 paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions) of the Exhibit A; 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 of the Exhibit A. ☒ In compliance ☐ Out of compliance Remarks: The HOA makes certification upon best information and belief after reasonable investigation and has no knowledge of violation of this land use restriction. LUR 10: 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 LUR is waived in writing by DEQ in advance. ☒ In compliance ☐ Out of compliance Remarks: The HOA makes certification upon best information and belief after reasonable investigation and has no knowledge of violation of this land use restriction. LUR 11: 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 Gaston County, certifying that, as of said January 1st, 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 Brownfields Property during the previous calendar year; Aberfoyle Village HOA; 136 Linestowe Drive, Belmont, NC 28012 Contact: Sara Mellander, mellander@me.com Former Belmont Dyers (#20094-16-036) 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 No. 6 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. See remark for LUR 6 d. LURU’s submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses. ______________________________________________________________ e. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in paragraphs 24 and 25 of the Exhibit A provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases. ______________________________________________________________ f. A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted. ☒ In compliance ☐ Out of compliance Remarks: See list attached Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Gaston County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by Aberfoyle Village HOA c/o CSI Property Management , owner of at least part of the Brownfields Property on this ___ day of January, 2021. Name typed or printed of party making certification: Aberfoyle Village HOA c/o Sara Mellander Resident List by Address Type All Townhomes at Aberfoyle Owners Association Inc City State Zipcode AccountProperty Address Unit #Lot #Name Account Type Mailing Address 01 Board Access ,Owner ALL 01 Board Access 59567 02 Board Access ,Owner ALL 02 Board Access 59568 100 Linestowe Drive 70 Kirby III, Michael H. Cooper & Clarence A. Owner ALL 100 Linestowe Drive Belmont NC 28012 58507 104 Linestowe Drive 69 Bailey, Rhiannon E. & Todd M.Owner ALL 104 Linestowe Drive Belmont NC 28012 58385 108 Linestowe Drive 68 Lowery, Sierra C. Owens & Payton G. Owner ALL 108 Linestowe Drive Belmont NC 28012 58392 112 Linestowe Drive 67 Coddington, Michael Patrick Owner ALL 112 Linestowe Drive Belmont NC 28012 58383 116 Linestowe Drive 66 Scott, Austin Patrick Owner ALL 116 Linestowe Drive Belmont NC 28012 58582 120 Linestowe Drive 65 Sporney, Jr, Elizabeth A. & Donald William Owner ALL 120 Linestowe Drive Belmont NC 28012 58583 124 Linestowe Drive 64 Smith, Chandler Rose Owner ALL 124 Linestowe Drive Belmont NC 28012 58592 128 Linestowe Drive 63 Versteeg, Charity Michelle Owner ALL 128 Linestowe Drive Belmont NC 28012 58593 132 Linestowe Drive 62 Sexton, Timothy Bryan Owner ALL 132 Linestowe Drive Belmont NC 28012 58594 136 Linestowe Drive 61 Mellander#, Marc J. & Sara Anne Owner ALL 136 Linestowe Drive Belmont NC 28012 58591 140 Linestowe Drive 60 Balian, Nirvana Ani Owner ALL 140 Linestowe Drive Belmont NC 28012 58869 144 Linestowe Drive 59 Ranadive, Nilesh S & Nehan N.Owner ALL 144 Linestowe Drive Belmont NC 28012 58870 148 Linestowe Drive 58 Briggs II, Paul Edward & Heidi Owner ALL 148 Linestowe Drive Belmont NC 28012 58868 152 Linestowe Drive 57 Bartlett, Ronald Reese Downer & Patricia Gail Owner ALL 152 Linestowe Drive Belmont NC 28012 58871 156 Linestowe Drive 56 Johnston, Michael & Allison Owner ALL 156 Linestowe Drive Belmont NC 28012 58966 160 Linestowe Drive 55 Lechette, Caitlin H. & Zachary J. Owner ALL 160 Linestowe Drive Belmont NC 28012 58964 164 Linestowe Drive 54 Cook IV, Charles Edward Owner ALL 164 Linestowe Drive Belmont NC 28012 59020 168 Linestowe Drive 53 Mcguirt, Douglas Elliott Owner ALL 168 Linestowe Drive Belmont NC 28012 58965 200 Linestowe Drive 52 Motors, Inc. Of Gastonia, Lewis Owner ALL 200 Linestowe Drive Belmont NC 28012 59229 204 Linestowe Drive 51 Harris, Lillie Owner ALL 204 Linestowe Drive Belmont NC 28012 59386 208 Linestowe Drive 50 Greene#, Craig Owner ALL 208 Linestowe Drive Belmont NC 28012 59223 212 Linestowe Drive 49 Durnovich, David & Mary Owner ALL 212 Linestowe Drive Belmont NC 28012 59222 216 Linestowe Drive 48 Biscardi, Fabrizio Owner ALL 29 Myrtle Street Belmont NC 28012 59230 220 Linestowe Drive 47 Hamilton, Russell & Kathleen Alice Owner ALL 220 Linestowe Drive Belmont NC 28012 59221 224 Linestowe Drive 46 Jarrell, Landon Wayne & Stephanie Hogan Owner ALL 224 Linestowe Drive Belmont NC 28012 59417 228 Linestowe Drive 45 Nie, Ziyan Wang & Guiming Owner ALL 228 Linestowe Drive Belmont NC 28012 59419 232 Linestowe Drive 44 Coughter, Jerald Preston Owner ALL 232 Linestowe Drive Belmont NC 28012 59418 236 Linestowe Drive 43 Smith, Valeria X. Maldonado Grijalva & Jason Owner ALL 236 Linestowe Drive Belmont NC 28012 59416 1/25/2021 6:56:29 PM Page 1 of 3 Resident List by Address Type All Townhomes at Aberfoyle Owners Association Inc City State Zipcode AccountProperty Address Unit #Lot #Name Account Type Mailing Address 240 Linestowe Drive 42 Fumero, Daniel A Owner ALL 240 Linestowe Drive Belmont NC 28012 59405 244 Linestowe Drive 41 Cruz, Alejandra I. Millian & Raymundo Y. Owner ALL 244 Linestowe Drive Belmont NC 28012 59426 248 Linestowe Drive 40 Tynan, Patrick John & Renee Sharp Owner ALL 248 Linestowe Drive Belmont NC 28012 59513 252 Linestowe Drive 39 Viktarovich, Viktar & Alena Owner ALL 252 Linestowe Drive Belmont NC 28012 59511 256 Linestowe Drive 38 Lyle, Kimberly Sloan Owner ALL 256 Linestowe Drive Belmont NC 28012 59518 260 Linestowe Drive 37 Gilbert, Jr, David Clyde Owner ALL 260 Linestowe Drive Belmont NC 28012 59517 264 Linestowe Drive 36 Keener, Victor Nisperuza & Kyle Hunter Owner ALL 264 Linestowe Drive Belmont NC 28012 59616 268 Linestowe Drive 35 Miller, Michelle L.Owner ALL 268 Linestowe Drive Belmont NC 28012 59625 272 Linestowe Drive 34 Mack, Bethany Lynn Owner ALL 272 Linestowe Drive Belmont NC 28012 59615 276 Linestowe Drive 33 Glenn, Stanley Craig & Cathy Deal Owner ALL 276 Linestowe Drive Belmont NC 28012 59614 300 Linestowe Drive 32 Kelly, Jeanene R.Owner ALL 300 Linestowe Drive Belmont NC 28012 57562 304 Linestowe Drive 31 Brice, William B.Owner ALL 304 Linestowe Drive Belmont NC 28012 57560 308 Linestowe Drive 30 Lentz, Deborah A.Owner ALL 308 Linestowe Drive Belmont NC 28012 57558 312 Linestowe Drive 29 Deutsch, Gregory F. & Marylou Owner ALL 312 Linestowe Drive Belmont NC 28012 57230 316 Linestowe Drive 28 Jones, Sr., Don & Ellen Mary Owner ALL 316 Linestowe Drive Belmont NC 28012 57217 320 Linestowe Drive 27 Taylor, Janice Rodriguez Owner ALL 320 Linestowe Drive Belmont NC 28012 57218 324 Linestowe Drive 26 Jablonka, Scott & Victoria Owner ALL 324 Linestowe Drive Belmont NC 28012 57146 328 Linestowe Drive 25 Wilson, Deborah M.Owner ALL 328 Linestowe Drive Belmont NC 28012 57156 332 Linestowe Drive 24 Lin, Chun Owner ALL 332 Linestowe Drive Belmont NC 28012 57185 336 Linestowe Drive 23 Hilton, Kayla B.Owner ALL 336 Linestowe Drive Belmont NC 28012 57131 340 Linestowe Drive 22 Perna, Teri Lynn Owner ALL 340 Linestowe Drive Belmont NC 28012 57127 344 Linestowe Drive 21 Varnadore, Whitney Baumgarner Owner ALL 344 Linestowe Drive Belmont NC 28012 57200 348 Linestowe Drive 20 Mayette, Jessica Rojas & Ryan D. Owner ALL 348 Linestowe Drive Belmont NC 28012 57032 352 Linestowe Drive 19 Kakar, Mohammad Moustafa Owner ALL 352 Linestowe Drive Belmont NC 28012 57026 356 Linestowe Drive 18 Halvorson, Curt M.Owner ALL 356 Linestowe Drive Belmont NC 28012 57036 360 Linestowe Drive 17 Wood, Corbin Dale Owner ALL 360 Linestowe Drive Belmont NC 28012 57046 400 Linestowe Drive 12 Gallahar, Jerri LaTasha Owner ALL 400 Linestowe Drive Belmont NC 28012 62131 404 Linestowe Drive 11 Sealey, Cameron Leigh Owner ALL 404 Linestowe Drive Belmont NC 28012 61294 408 Linestowe Drive 10 Mackey, Elias R. Genao & Brianna E. Owner ALL 408 Linestowe Drive Belmont NC 28012 60105 412 Linestowe Drive 9 Disarro, Devon Dakota & Krissa Leigh Owner ALL 412 Linestowe Drive Belmont NC 28012 55364 1/25/2021 6:56:29 PM Page 2 of 3 Resident List by Address Type All Townhomes at Aberfoyle Owners Association Inc City State Zipcode AccountProperty Address Unit #Lot #Name Account Type Mailing Address 416 Linestowe Drive 8 Brinker, Clovis Dean & Christalyn K. Owner ALL 416 Linestowe Drive Belmont NC 28012 59987 420 Linestowe Drive 7 Meadows, Anthony D. & Bonnie D. Owner ALL 420 Linestowe Drive Belmont NC 28012 54126 424 Linestowe Drive 6 Ivie, Jennifer N.Owner ALL 424 Linestowe Drive Belmont NC 28012 54566 428 Linestowe Drive 5 Brunett, III, Robert Eugene Owner ALL 428 Linestowe Drive Belmont NC 28012 55423 432 Linestowe Drive 4 Cunningham, Jacqueline Mary Owner ALL 432 Linestowe Drive Belmont NC 28012 55435 436 Linestowe Drive 3 Dobies, Thomas Frank & Priscilla Ann Owner ALL 2730 Vassar Place Columbus OH 43221 55754 440 Linestowe Drive 2 Ross, Taylor G.Owner ALL 440 Linestowe Drive Belmont NC 28012 55151 444 Linestowe Drive 1 Ritchie, Jr., William G. & Jane Owner ALL 444 Linestowe Drive Belmont NC 28012 54666 0000 Lockbox Unit For CSI, Aberfoyle Townes Owner ALL 0000 Lockbox Unit 59566 1201 River Drive 13 Francis, Ashley & Arthur Owner ALL 1201 River Drive Belmont NC 28012 59437 1205 River Drive 14 Szucs, Maddison S. Russel and Alexander D. Owner ALL 1205 River Drive Belmont NC 28012 54088 1209 River Drive 15 Brown, Kelly Larken Owner ALL 1209 River Drive Belmont NC 28012 54077 1213 River Drive 16 Garcia, Jose L. & Lisa M.Owner ALL 12813 Lindrick Lane Charlotte NC 28277 53785 Resident Count:73 Property Totals # Units # Builder # Resident # Owners # Tenants Owner Ratio 73 0 73 72 1 98.63% 1/25/2021 6:56:29 PM Page 3 of 3