21054_Fayetteville Mixed Use_PCH Development_LURU21

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year Certification Made: 2021 Project: Fayetteville Mixed Use Development Project Number: 21054-17-026

Address: 466 Hay Street County: Cumberland
Property Owner (In part or whole) /Association: PCH Development Co., LLC 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 apartments, hotel, amenity space, retail, restaurant, office, greenway and public plaza,
and a parking garage. For purposes of this restriction, the following definitions apply: i. “High Density Residential” is 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 shall include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. ii. “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. iii. “Amenity Space” is defined to include spaces for the common use of residents and the general public such as a hardscaped and landscaped courtyard, swimming pool, pool deck, green spaces, courtyard, dog run, community
gardens, fire pit, grilling station, seating areas, and a common use interior clubhouse. iv. “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.
v. “Restaurant” is defined as a commercial business establishment that preparesand serves food and beverages to patrons. vi. “Office” is defined as the provision of business or professional services. vii. “Greenway and public plaza” is defined as a natural or constructed corridor traversing open space, which may be used for pedestrian or bicycle passage.
Greenways and public plazas typically link areas of activity, such as parks, cultural features, or historic sites with each other and with populated areas.
Fayetteville Mixed Use Development (#21054-17-026) LUR Update
viii. “Parking Garage” for this Brownfields Property is defined as a five-story structure designed for the temporary accommodation of motor vehicles.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________

LUR 2: Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by the Department of Environmental Quality (“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:
i. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; ii. issues related to potential sources of contamination referenced in paragraph 8
of the Agreement;
iii. 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); and iv. plans for the proper characterization of, and, as necessary,
disposal of contaminated soils excavated during redevelopment.

☒ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

LUR 3: 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:
i. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
Fayetteville Mixed Use Development (#21054-17-026) LUR Update
iv. 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
v. 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: ______________________________________________________________

LUR 4: The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval of DEQ.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________

LUR 5: 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: ______________________________________________________________

LUR 6: 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 2 above.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________

LUR 7: 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:
Fayetteville Mixed Use Development (#21054-17-026) LUR Update
i. in connection with landscape planting to depths not exceeding 24 inches; ii. mowing and pruning of above-ground vegetation; iii. 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 iv. in connection to work conducted in accordance with a DEQ-approved EMP as
outlined above in LUR 2.
☒ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________
LUR 8: 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: i. 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. To satisfy this requirement the Brownfields Program is requiring a written plan describing in detail how the building elevator shafts will be modified to protect against vapor intrusion;
ii. 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
iii. 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 written plan and subsequent written 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, after their review of
the written plan, in advance of installation and/or implementation of said measures. The design specifications and written plan shall include methodology(ies) for demonstrating performance of said measures.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________

Fayetteville Mixed Use Development (#21054-17-026) LUR Update
LUR 9: 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: ______________________________________________________________

LUR 10: 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 Cumberland County land records, Book 10503, Page 78.” 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 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); 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 compliance ☐ Out of compliance
Remarks: ______________________________________________________________

LUR 11: None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraph 8 of the Agreement and as modified by DEQ in writing if additional contaminants (and/or contaminant concentrations) 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: i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities. ii. 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; iii. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators.
☒ In compliance ☐ Out of compliance
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Remarks: ______________________________________________________________
LUR 12: Within 60 days after the effective date of the Agreement, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at 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 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 DEQ, and to the chief public health and environmental officials of Cumberland County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Cumberland County
Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following: i. 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; ______________________________________________________________

ii. 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.
______________________________________________________________
iii. 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 21 and 22 of
this agreement 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. ______________________________________________________________
☒ In compliance ☐ Out of compliance
Fayetteville Mixed Use Development (#21054-17-026) LUR Update
Remarks:
Notarized signing and submittal of this LUR Update constitutes certification that the Notice of
Brownfields Property remains recorded at the Cumberland County Register of Deeds offices and
that the LURs are being complied with.
This LUR Update is certified by PCH Development Co .• LLC, the owner of at least part of the
Brownfields Property, on this_ day of January, 2021.
Name typed or printed of party making certification: Jordan Jones
[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities}]
NORTH CAROLINA
[) 2ctaN1 COUNTY
PCH Developme
By:
Name typed or rinte an Jones
Title typed or printed: Member
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: ~r6uo J-XJ PS .
Date: O\j[)/.dJ({)/ d,!A).V ~)(\ A Official Signadtary ....________
(Official Seal)
JENNA E SAAIM
Notary Public -North Caroltna Durham County
M'/ Commission Expires Sep 27, 2029
Notary's printed or typed name, Notary Public
My commission expires: o9/r9 7 l!X)c9S