23069_Thonit A Simmons_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 industrial, office, parking, retail, warehousing and with prior written Department of Environmental Quality (“DEQ”) approval,
other commercial uses. For purposes of this restriction, the following definitions apply:
“Industrial” defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials.
“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.
“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.
“Warehousing” 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 or a group of establishments in a particular type of industry or commercial activity.
“Commercial” defined asan enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
In complianceOut of compliance
Remarks:
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 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:
Physical redevelopment of the Brownfields Property, including demolition of existing structures, 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 demolition, 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 building materials or contaminated soils excavated during redevelopment.
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 4, 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 LUR 3.
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 3.

In complianceOut of compliance
Remarks:
No enclosed building may be constructed on the Brownfields Property until DEQ determines in writing that:
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
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
vapor intrusion mitigation measures are installed and/or implemented 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. 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 complianceOut of compliance
Remarks:
As part of the Land Use Restrictions Update described below in LUR 15 for each year after the year in which the Notice referenced in Paragraph 16 of the Agreement 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:
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:
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:
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 35936, Page 831.” 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:
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:
The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval of DEQ.
In complianceOut of compliance
Remarks:
No disturbance or alteration of the slab within the existing building footprint, as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 of
the Agreement, may occur unless in accordance with a DEQ-approved EMP as outlined above in LUR 3, unless otherwise approved in advance in writing by DEQ, or unless in the case of emergency
circumstances for repair of underground infrastructure, in which case DEQ shall be provided written notice no later than the next business day and any related assessment and remedial
measures required by DEQ shall be taken.
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;
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 10, 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: