22023_Woodlawn Green_Accent Woodlawn Park_LURU21

Via Email to [e-mail] January 27, 2021
NCDEQ – Division of Waste Management Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646
Attn: Brownfields Property Management Unit Re: Land Use Restriction Update Woodlawn Green Charlotte, North Carolina
Brownfields Project No. 22023-18-060 H&H Job No. WPL-001 Dear Sir/Madam:
On behalf of Accent Woodlawn Park, LP; Accent Woodlawn Townhomes Charlotte, LP; and Woodlawn Park Land, LP; Hart & Hickman, PC (H&H) is providing the enclosed electronic version of the signed and notarized Land Use Restrictions (LUR) Update for the above referenced site.
Should you have any questions or need additional information, please feel free to contact me at [phone]. Sincerely,

Hart & Hickman, PC
Shannon Cottrill Project Manager Enclosure
cc: Mr. Christopher Forde, Westplan Investors (Via Email) Mr. Brad Johnson, Westplan Investors (Via Email) Mr. Ebenezer Gujjarlapudi, P.E., Mecklenburg County LUESA (Via Email) Mr. Daniel Ortiz, Mecklenburg County Environmental Health Division (Via Email) Ms. Gibbie Harris, Mecklenburg County Public Health (Via Email)
NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year Certification Made: 2021 Project: Woodlawn Green
Project Number: 22023-18-060
Address: 200, 202, 204, 206, 208 And 210 E. Woodlawn Rd & 5000, 5019 And 5111
Nations Crossing Rd County: Mecklenburg
Property Owner (In part or whole) /Association: Accent Woodlawn Park, LP; Accent Woodlawn Townhomes Charlotte, LP; and Woodlawn Park Land, LP
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 multi-family
residential, high density residential, parking, office, open space, recreation, retail, and with prior written Department of Environmental Quality (“DEQ”) approval, other commercial uses. For purposes of this restriction, the following definitions apply: a. Multi-Family Residential defined as multi-unit human dwellings, such as
condominia, apartments, or townhomes without yards. Single family homes, townhomes, duplexes, or other units with yards are prohibited unless approved in writing by DEQ in advance. b. 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 shall include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages
c. Parking defined as the temporary accommodation of motor vehicles in an area designed for same. d. Office defined as the provision of business or professional services. e. Open Space defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater. f. 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. g. Retail defined as the sale of goods or services, products or merchandise directly to the consumer or business and includes showrooms, personal service, and the sales of food and beverage products.
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h. Commercial defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
☒ In compliance ☐ Out of compliance
Remarks: Proposed redevelopment plans include construction of a new multi-family residential
apartment complex in the central portion of the Site, construction of new for-sale high density
townhome units in the eastern portion of the Site, and construction of new for-lease high density townhome units in the western portion of the Site. Planned uses of the Site are in compliance with LUR 1.
LUR 2: Unless compliance with this LUR is waived in writing by DEQ in advance in regard to particular activity, 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 1above 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 1above while
fully protecting public health and the environment.
☒ In compliance ☐ Out of compliance

Remarks: Groundwater at the Brownfields Property is not used for any purpose.
LUR 3: 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 1above while fully protecting public health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24”; 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;
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d. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (“EMP”) as outlined in LUR 9.
☒ In compliance ☐ Out of compliance
Remarks: Proposed redevelopment activities are and will continue to be accomplished with
DEQ approval and in accordance with the DEQ-approved EMP dated November 4, 2019
(revised February 7, 2020).
LUR 4: 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 9.
☒ In compliance ☐ Out of compliance
Remarks: Soil import and export activities have and will continue to be accomplished with DEQ approval and in accordance with the DEQ-approved EMP dated November 4, 2019 (revised February 7, 2020). Soil import activities have been conducted in accordance with
numerous DEQ-approved Brownfields Property Soil Transfer Approval letters.

LUR 5: 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 below, 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 site 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 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 and performance of said measures, and to DEQ. 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

Woodlawn Green (#22023-18-060) LUR Update
Remarks: Vapor mitigation measures are currently being installed during construction of the proposed Woodlawn Green apartment buildings in accordance with the DEQ-approved Vapor Intrusion Mitigation Plan (VIMP) dated March 12, 2020 (revised May 6, 2020) and the DEQ-
approved Request for VIMP Modifications letter dated November 10, 2020. Vapor mitigation measures will be installed during the construction of the proposed townhomes in accordance with DEQ-approved Vapor Intrusion Mitigation Plans.

LUR 6: No occupancy of the Brownfields Property for the uses defined in LUR 1 or transactional sale of residential units may occur until the work referenced in paragraph 15 of the Agreement is implemented to the written satisfaction of the DEQ Brownfields Program.
☒ In compliance ☐ Out of compliance
Remarks: The Brownfields Property is currently being redeveloped. There are no current property occupants.

LUR 7: Unless compliance with this LUR is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the
Brownfields Property depicted on the plat component of the Notice shall be in accordance with
applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services.
☒ In compliance ☐ Out of compliance
Remarks: Demolition of the buildings on the Brownfields Property were conducted in accordance with applicable legal requirements of the North Carolina Department of Health and
Human Services, Division of Public Health, Health Hazards Control Unit and the Mecklenburg County Land Use and Environmental Services Agency, Air Quality Department.

LUR 8: 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: a. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
Woodlawn Green (#22023-18-060) LUR Update
b. issues related to potential sources of contamination referenced in Exhibit 2 of the Agreement; 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: As noted above, redevelopment activities are and will continue to be accomplished in
accordance with the DEQ-approved EMP dated November 4, 2019 (revised February 7, 2020).
LUR 9: No later than January 30 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: a. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed above; 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: An annual redevelopment summary report is being submitted under separate cover.

LUR 10: 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.

Woodlawn Green (#22023-18-060) LUR Update
☒ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________
LUR 11: 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 33747, Page 608.” 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 12: 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:
a. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; and b. in fluids in vehicles.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________

LUR 13: Within 60 days after the effective date of the Agreement or prior to land disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields
Property, except those wells identified as MW-23, MW-24, MW-26, MW-28, and MW-29 and as
outlined on the plat map in accordance with Subchapter 2C of Title 15A of the North Carolina
Woodlawn Green (#22023-18-060) LUR Update
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 14: 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: ______________________________________________________________

LUR 15: During January of each year after the year in which the Notice referenced below in paragraph 23 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. 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, 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.
Accent Woodlawn Park, LP; Accent Woodlawn Townhomes Charlotte, LP; and Woodlawn Park Land, LP; Attn: Brad Johnson, Partner, 3715 Northside Parkway, NW, Building 400, Suite 375, Atlanta, GA 30327; Telephone No. [phone] or email to Brad Johnson at [e-mail].
b. the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf the joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year.
______________________________________________________________
Woodlawn Green (#22023-18-060) LUR Update
c. whether any vapor barrier and/or mitigation systems installed pursuant to LUR 5 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. ______________________________________________________________ d. 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.
______________________________________________________________ e. LURU’s submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses.
______________________________________________________________ f. 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 22 and 23 of the 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. ______________________________________________________________

g. 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: The Brownfields Property is currently being redeveloped. There are no current property occupants.

Notarized signing and submittal of this LUR Update constitutes certification that the Notice of
Brownfields Property remains recorded at the Mecklenburg County Register of Deeds offices and
that the LURs are being complied with.