22031_K Town Furniture_Kannapolis_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 Restrictions Update K-Town Furniture Kannapolis, North Carolina
Brownfields Project No. 22031-18-013 H&H Job No. KAN-012 Dear Sir/Madam:
On behalf of the City of Kannapolis, 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 do not hesitate to contact
me at [phone]. Sincerely,
Hart & Hickman, PC

Shannon Cottrill
Project Manager Enclosure cc: Mr. Michael B. Legg, City of Kannapolis (Via Email)
Mr. Wilmer Melton, III, City of Kannapolis (Via Email) Mr. Walter Safrit, II, City of Kannapolis (Via Email) Ms. Chrystal Swinger, Cabarrus County Environmental Health Program (Via Email) Ms. Bonnie Coyle, MD, Cabarrus County Public Health (Via Email) Mr. Mike Downs, Cabarrus County (Via Email)
NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year Certification Made: 2021 Project: K-Town Furniture Project Number: 22031-18-013

Address: 203 Chestnut Ave.; 100 West Ave. County: Cabarrus
Property Owner (In part or whole) /Association: City of Kannapolis 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] LUR 1: No use may be made of the Brownfields Property other than for baseball
stadium, restaurant, brewery or food production facility, hotel, office, retail, high-density
residential use, recreational use, parking uses, and with prior written Department Environmental Quality (“DEQ”) approval, other commercial uses. For purposes of this restriction, the following definitions apply:
a. “Baseball stadium” defined as venue with indoor and outdoor space (including
areas of exposed soil and grass) for hosting baseball games and other entertainment events, and associated vending, retail, sports training, and other entertainment-related uses; b. “Restaurant” defined as a commercial business establishment that prepares and
serves food and beverages to patrons.
c. “Brewery or Food Production Facility” 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.
d. “Hotel” defined as the provision of overnight lodging to paying customers, and to
associated food services, gym, reservation, cleaning, utilities, pool, parking and on-site hospitality, management and reception services. e. “Office” defined as the provision of business or professional services. f. “Retail” 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. g. “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, and shall include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. h. “Recreational” 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
K-Town Furniture (#22031-18-013) LUR Update
fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. i. “Parking” defined as the temporary accommodation of motor vehicles in an area
designed for same. j. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
☒ In compliance ☐ Out of compliance
Remarks: The western portion of the Brownfields property has been redeveloped with the construction of a minor league baseball stadium. Proposed redevelopment plans for the eastern
portion of the property include the construction of a new hotel building and mixed-use
commercial/retail buildings. One level of subgrade parking is anticipated to be constructed below the proposed new hotel building and high-density residential use is planned to be constructed above the mixed-use commercial/retail building spaces. The planned uses of the Site are in compliance with LUR 1.

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: Groundwater at the Brownfields property is not being used for any purpose.

LUR 3: The Brownfields Property may not be used for child care centers, adult care centers, or schools without the prior written approval of DEQ.
☒ In compliance ☐ Out of compliance
Remarks: The Brownfields property is not used for child care centers, adult care centers, or schools.

LUR 4: 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:

K-Town Furniture (#22031-18-013) LUR Update
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;
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, a new minor league baseball stadium has been constructed in the western portion of the Brownfields property. Redevelopment activities associated with the construction of the baseball stadium and grading in the eastern portion of the property were accomplished with DEQ approval and in accordance with the DEQ Brownfields approved
Environmental Management Plan (EMP) dated August 8, 2018. Planned redevelopment
activities in the eastern portion of the Site will be accomplished with DEQ approval and in accordance with the DEQ Brownfields approved EMP dated August 8, 2018 (or a revised version of the EMP, if warranted).

LUR 5: No residential use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in advance in writing by DEQ, of any area within the Brownfields Property that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways,
unless otherwise approved in writing by DEQ in advance.
☒ In compliance ☐ Out of compliance

Remarks: Final grade soil samples were collected from areas of potentially exposed soils in accordance with the DEQ Brownfields approved Brownfields Assessment Work Plan (Revision 1) prepared by Hart & Hickman, PC on July 30, 2018. Final grade soil sampling and other redevelopment activity updates are being provided in a redevelopment summary report
provided under separate cover.

LUR 6: Unless otherwise approved by DEQ in writing after results of final grade soil sampling are received per LUR 5 above, 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:
a. in connection with landscape planting to depths not exceeding 24”; b. mowing and pruning of above-ground vegetation;
K-Town Furniture (#22031-18-013) LUR Update
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; d. in connection with maintenance of the playing field within the baseball stadium; e. in connection to work conducted in accordance with a DEQ-approved EMP as outlined above in LUR 3.
☒ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________

LUR 7: 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; provided, however,
that DEQ has approved the export of soil from the Brownfields Property as set forth in subparagraph 9.e of the Agreement.
☒ In compliance ☐ Out of compliance
Remarks: Export soil from the Brownfields property was transported to the adjacent NCRC Brownfields property, with owner acceptance, for use as fill in a former sediment basin located approximately 250 ft south-southwest of the intersection of Loop Road North and Church
Avenue with DEQ approval and in accordance with subparagraph 9.e of the Agreement. Post
grade soil samples were collected from areas of the placed fill in accordance with the DEQ Brownfields approved Brownfields Assessment Work Plan (Revision 1) dated July 30, 2018. Post grade soil sampling and redevelopment activity updates are being provided in a redevelopment summary report provided under separate cover.

LUR 8: No enclosed building may be constructed for residential use on the Brownfields Property, 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 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
K-Town Furniture (#22031-18-013) LUR Update
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

Remarks: No enclosed buildings have been constructed on the Brownfields property for
residential use.
LUR 9: As part of the Land Use Restriction Update described below in LUR 13 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 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: A redevelopment summary report is being provided 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.

☒ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

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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 Cabarrus County land records, Book 13955, Page 106.” 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 conveying an
interest 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 compliance ☐ Out of compliance

Remarks: ______________________________________________________________

LUR 12: 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 Land Use Restriction is waived in writing by DEQ in advance.

☒ 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 Cabarrus County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Cabarrus 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 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; ______________________________________________________________

K-Town Furniture (#22031-18-013) LUR Update
b. 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; and
______________________________________________________________ c. whether any vapor barrier and/or mitigation systems installed pursuant to LUR 8 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. LURUs 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 LUR 11 and paragraph 21 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.
______________________________________________________________ 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 number, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.

______________________________________________________________
☒ In compliance ☐ Out of compliance

Remarks: ______________________________________________________________

Notarized signing and submittal of this LUR Update constitutes certification that the Notice of
Brownfields Property remains recorded at the Cabarrus County Register of Deeds offices and that
the LURs are being complied with.
This LUR Update is certified by City of Kannapolis, the owner of at least part of the Brownfields
Property, or if appropriate another entity on behalf of some or all owners, on this 27th day of January, 2021.