23052_Southern Steel_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 industrial, office, warehousing, brewery or food production facility, retail, restaurant, parking and subject to the Department
of Environmental Quality’s (“DEQ”) prior written approval, high density residential and other commercial uses. For purposes of this restriction, the following definitions apply:
Industrial is defined as the assembly, fabrication, processing, warehousing, or distribution of goods or materials, and can include flex parks, and research and development uses.
Office is defined as a place where business or professional services are provided.
Warehousing is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers
to the storage of goods and materials for a specific commercial establishment of a group or establishments in a particular type of industry or commercial activity.
Brewery or Food Production Facility is defined as an establishment for the manufacture, sale and/or distribution of beverages or food products, including without limitation beer and
ale, together with associated public roadways and related infrastructure.
Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, farmer’s markets, food festivals,
and the sales of food and beverage products, including from mobile establishments such as food trucks.
Restaurant is defined as a commercial business establishment that prepares and serves food and/or beverages, including alcoholic beverages under all applicable local, state, and federal
regulations, to patrons.
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 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 DEQ in advance.
Parking is defined as the temporary accommodation of motor vehicles in an area designed for same.
Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
In complianceOut of compliance
Remarks:
The Brownfields Property may not be used for high density residential use nor for child care, adult care centers, or schools 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 to 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 and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of excavated soil 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 VI: Work to be Performed of the Agreement;
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:
Groundwater and surface water 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 3, or a plan approved in writing in advance by DEQ.
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 or if required, to the depth of a geotextile or other barrier approved in writing in advance by DEQ;
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 3.
In complianceOut of compliance
Remarks:
The owner(s) of the portion of the Brownfields Property demarcated and labeled “Area 1” on the plat component of the Notice referenced in paragraph 18 of the Agreement shall be responsible
for maintaining a minimum two feet of demonstrable clean fill, asphalt cap, or other suitable covering over the area as approved in writing in advance by DEQ. Any disturbance of soil
within “Area 1” shall be pre-approved in writing by the DEQ Brownfields Program and is subject to the EMP outlined above in LUR 3.
In complianceOut of compliance
Remarks:
No use of the Brownfields Property for the uses listed in LUR 1 above may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, 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, unless otherwise approved
in writing by DEQ in advance.
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 18 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 the 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:
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 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 3611, Page 54.” 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 paragraph: (i) If every lease and/or 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 XVII (Notices 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 amounts for cleaning and other routine housekeeping and maintenance activities;
as constituents of fuels, lubricants or other fluids customarily used in machinery, equipment, vehicles, landscaping equipment, and emergency generators in on-board tanks integral to

said equipment, or in flammable liquid storage containers of no more than 25 gallons;
as constituents of products and materials customarily used and stored in warehousing, office, retail, restaurant, brewery or food production facility, and high density residential environments,
provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; and
in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged), and later removed from the
Brownfields Property in the original packaging or containers.
In complianceOut of compliance
Remarks:
During January of each year after the year in which the Notice referenced in paragraph 18 of the Agreement 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. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property.
The submitted LURU shall state the following:
the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of
the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year;
the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner,or each of the owners on whose behalf a joint LURU is submitted, transferred
any part of the Brownfields Property during the previous calendar year;
whether any soil caps or other suitable coverings installed pursuant to LUR 7 above in “Area 1” are being maintained such that they are intact, uncompromised, in good condition and continuing
to serve as barriers to the soil contamination in relation to which they were installed;
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 9 above are performing as designed, and whether the uses of the ground floors, including any tenant renovations,
of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said
system; and
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
paragraphs 14.l and 19 of the Agreement provided that if abstracts of leases are sent, rather than full copies of leases, or standard form leases or riders are used in every instance,
a copy of such abstract, standard form lease, or rider 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: