23057_Charlotte Van & Storage Co_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 use, office, and parking. 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 and parking garages. Single family homes are prohibited; townhomes,
duplexes or other units with yards are prohibited unless approved in writing by the Department of Environmental Quality (“DEQ”) in advance.
Office defined as the provision of business or professional services.
Parking defined as the temporary accommodation of motor vehicles in an area designed for same.
In complianceOut of compliance
Remarks:
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:
demolition of existing structures, if applicable;
issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph III and Exhibit 2 of the Agreement;
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered or newly accessible potential sources of environmental contamination
(e.g., USTs, ASTs, tanks, drums, septic drain fields, oil-water separators, soil contamination);
plans for the proper characterization of, and, as necessary, disposal of building materials or contaminated soils excavated during redevelopment; and
plans for the proper removal of any above ground storage tanks (“ASTs”).
In complianceOut of compliance
Remarks:
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:
actions taken on the Brownfields Property in accordance with Section VI: 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:
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 referenced in paragraph 16 of the Agreement 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 complianceOut of compliance
Remarks:
Within 90 days after the effective date of the Agreement, the known ASTs shall be removed and addressed in accordance with a plan as identified above in LUR 2.e to the written satisfaction
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 along with any measures DEQ deems necessary to ensure that the Brownfields
Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity
on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in LUR 2, or a plan approved in writing in advance by DEQ.
In complianceOut of compliance
Remarks:

No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling of any area within the Brownfields Property
pursuant to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
In complianceOut of compliance
Remarks:
Unless otherwise approved by DEQ in writing after results of final grade soil sampling are received in accordance with LUR 7, 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:
in connection with landscape planting to depths not exceeding 24”;
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 with work conducted in accordance with a DEQ-approved EMP as outlined above in subparagraph 12.b.
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 above in LUR 2.
In complianceOut of compliance
Remarks:
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 referenced
in paragraph 16 of the Agreement may be occupied until DEQ determines in writing that:
the building is or would be protective of the building’s users and public health from risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved
in writing by DEQ; or
a vapor intrusion mitigation system (VIMS) has been:
designed to mitigate vapors for subgrade building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council
(ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that said design shall fully protect
public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a performance monitoring
plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and
installed and an installation report is submitted for written DEQ approval that includes details on any deviations from the system design, as-built diagrams, photographs, and a description
of the installation with said engineer’s professional seal confirming that the system was installed per the DEQ-approved design and will be protective of public health.
In complianceOut of compliance
Remarks:
Unless an active VIMS is implemented for any multi-family residential structures in accordance with LUR 10.b above, no occupancy of the Brownfields Property for the uses defined above
in LUR 1 may occur until a work plan for the installation and sampling of a minimum of two soil gas monitoring points for each proposed apartment building is approved by DEQ, and until
the first round of sampling activities under the work plan is completed to DEQ’s written satisfaction. The work plan will include, at a minimum, details on schedule and methodology
for installation and sampling of permanent soil gas monitoring points for VOCs by EPA Method TO-15 within one month after monitoring point installation and then annually. Should the
analytical results obtained from the soil gas sampling indicate exposures at the Brownfields Property that raise the risk to public health or the environment associated with the Brownfields
Property beyond an acceptable range and in a manner or to a degree not anticipated in the Agreement, DEQ may require that the then owner(s) re-evaluate that risk for areas potentially
subject to said risk and to take action to reduce said risk to make the Brownfields Property suitable for the uses authorized above in LUR 1 while fully protecting public health and
the environment.
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:
The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well or vapor sample point 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 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 Mecklenburg County land records, Book 36512, Page 870.” A copy of any such instrument shall be sent to the persons listed
in Section XVII (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 XVII (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 XVII.
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.
In complianceOut of compliance
Remarks:
During January of each year after the year in which the Notice referenced in paragraph 16 of the Agreement is recorded, the owner of any part of the Brownfields Property as of January
1stof 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:
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;
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;
whether any vapor barrier and/or mitigation systems and any associated subgrade vapor monitoring network installed pursuant to LUR 10 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.

A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in
LUR 14, above, and paragraph 17 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.
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 complianceOut of compliance
Remarks:
Notarized signing and submittal of this LUR Updateconstitutes certification that the Notice of Brownfields Propertyremains recorded at theCounty Register of Deeds offices and that the
LURsare 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: