22080_Tyvola Road Landfill_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year CertificationMade:2021Project:
Project Number:
Address:County:Property Owner (In part or whole):
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 recreational and billboard advertising uses. However, pending results of future sampling and mitigation measures conducted
in accordance with the most current version of theNC DEQ Brownfields Program Methane Assessment Protocol (September 2020), additional future uses, including data-supported prospective
buildings associated with additional uses beyond those outlined in this LUR 1 may be allowed with prior written Department of Environmental Quality (“DEQ”) approval and in accordance
with the most current version of the NC DEQ Brownfields Program Threshold Criteria for Methane Site Development. For purposes of this restriction, the following definitions apply:
Recreation defined as outdoor only exercise-related, physically focused, or leisure-related activities, whether active or passive, outdoor sports-related courts and fields, open space,
greenways, parks, playgrounds, walking paths, and picnic and public open air gathering areas.
Billboard advertising defined as outdoor signage or related material promoting or advertising information to the public, including without limitation billboards or other signage targeting
vehicular traffic on nearby roadways that complies with subparagraph 14.d.
In complianceOut of compliance
Remarks:
No use of the Brownfields Property other than recreational and billboard advertising use as outlined in LUR 1 above is allowed until a work plan for the installation and sampling of
methane concentration and pressure screening points in accordance with the most current version of the NC DEQ Brownfields Program Methane Assessment Protocol (September 2020), is submitted
for written DEQ review and approval. Sampling shall be completed and results submitted to DEQ for evaluation of appropriate placement of site features to ensure adequate protection
of exposure to site contaminants. If subsurface pressure generation is found onsite at readings at or above those cited in the most current version of the NC DEQ Brownfields Program
Methane Threshold Criteria, no use of the Brownfields Property shall occur until such time as mitigation measures to the written satisfaction of DEQ are instituted, or future monitoring/remedial
efforts establishes that pressure has attenuated to acceptable levels under the Methane Threshold Criteria referenced above.
In complianceOut of compliance
Remarks:
Except as DEQ may approve in the future as set forth in LUR 1 above, no enclosed buildings shall be constructed on the Brownfields Property.
In complianceOut of compliance
Remarks:
Any and all light poles, lighting, and electrical conduit, or electrified ground penetrating structures, or electrical systems subject to subsurface methane intrusion must be designed
and certified as intrinsically safe and explosion proof under the seal of a professional engineer licensed in North Carolina.
In complianceOut of compliance
Remarks:
No physical redevelopment of the Brownfields Property may occur unless and until DEQ’s Brownfields Program, and as applicable the PRLF Unit conclude in writing that the proposed redevelopment
will not negatively affect the cover or structural integrity at the area of the Brownfields Property described on the plat component of the Notice referenced in paragraph 19 of the Agreement
as “2015 Waste Boundary Limits” or other areas of the Brownfields Property discovered to contain related waste following the effective date of the Agreement.
In complianceOut of compliance
Remarks:
Unless compliance with this LUR is waived in writing by DEQ in advance with regard to a 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 or surface water) 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 1 above 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.
In complianceOut of compliance
Remarks:
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 inches;
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 to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in LUR 12 below.
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 of the Brownfields Property
on the plat component of the Notice of Brownfields Property pursuant to a plan approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks, or asphaltic
or concrete parking areas and driveways.
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 by
or on behalf of the PRLF or unless conducted in accordance with an approved EMP as outlined in LUR 12 below.
In complianceOut of compliance
Remarks:
Unless approved by DEQ, driveway and parking surfaces shall not be paved with asphalt, concrete or other impervious materials. To the extent DEQ determines, in order to protect the public
health, that driveways and parking surfaces require venting for methane/landfill gas, the owner shall install and maintain such venting. To the extent DEQ determines, in order to protect
the public health, that any other impervious surface covering, require venting for methane/landfill gas, such venting shall be implemented. The design plans for driving and parking
surfaces and for any impervious surface covering shall require prior written DEQ approval and shall be signed and sealed by a professional engineer licensed in North Carolina. Unless
otherwise approved by DEQ, no portion of the Brownfields Property containing such driveway and parking surfaces may be used for the uses defined in LUR 1 until DEQ has approved a report
on post-construction methane/landfill gas sampling for such portion of the Brownfields Property, and in the vicinity of any impervious surface covering installed at such portion of the
Brownfields Property.
In complianceOut of compliance
Remarks:
Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.
In complianceOut of compliance
Remarks:
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:
soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2 of the Agreement;
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
plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment;
In complianceOut of compliance
Remarks:
No later than January 31 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 V: 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:
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:
No woody vegetation shall be allowed to grow within the area of the Brownfields Property described on the plat component of the Notice referenced below in paragraph 19 as “2015 Waste
Boundary Limits” or other areas of the Brownfields Property discovered to contain related waste following the Effective Date of the Agreement where waste is located at a depth shallower
than 20 feet below ground surface following grading activities, and vegetation within such areas shall be maintained to ensure that an effective vegetative cover (or another cover approved
in advance of installation in writing by DEQ) is present during the growing season.
In complianceOut of compliance
Remarks:
A soil cover or crushed stone cover of a thickness of at least 2 feet (or another cover approved in writing by DEQ) shall be maintained over any landfill waste material known to be present
on the Brownfields Property area of the Brownfields Property described on the plat component of the Notice referenced below in paragraph 19 as “2015 Waste Boundary Limits” or other areas
of the Brownfields Property discovered to contain related waste following the effective date of this Agreement. Negative impacts to such cover shall be repaired to DEQ’s written satisfaction

by the then owner of that portion of the Brownfields Property, promptly upon discovery.
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 35876, Page 144.” 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 subparagraph
with regard to leasehold interests: (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 such
an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV.
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; and
as fuel or other fluids customarily used in vehicles, landscaping equipment.
as constituents of products or materials customarily used and stored in connection with uses approved by DEQ pursuant to this Agreement or under conditions as may be approved by DEQ
in the future with regard to additional uses, provided such products or materials are stored in their original retail packaging and used and disposed of in accordance with applicable
laws.
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 soil gas screening 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:
During January of each year after the year in which the Notice referenced in paragraph 19 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 soil caps (hardscape materials, clean soil, stone) and landscaping required by LUR 16 above are being inspected and maintained to prevent erosion and/or human exposure to contaminated
soil or other media.
the data acquired from vapor sampling referenced in LUR 2 above following execution of the Agreement.
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 17 and paragraph 20 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.
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 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: