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Home My WebLink About11045_Charlotte Chemical_LURUModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Charlotte Chemical Laboratory Project #: 11045-07-60 Address: South Blvd. & East Carson Blvd. County: Mecklenburg 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: NC Division of Waste Management Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 No use may be made of the Brownfields Property other than for high-density residential purposes; retail, hotel, service and other commercial purposes that the Department of Environmental Quality (“DEQ”) approves in writing in advance; civic purposes; utilities; open space; operation of East Carson Boulevard and East Palmer Street as rights of way; legally required stormwater management; operation of the City of Charlotte’s light rail system and related utilities; structures related to said system; automobile parking; warehousing and storage; and any purposes ancillary to the foregoing uses that are approved in writing by DEQ in advance. Within the meaning of this restriction, the following definitions apply: “High-density residential” refers to structures used as multi-unit human dwellings, such as duplexes, triplexes, quadriplexes, condominia, town homes and apartments, in which units are attached to each other with common walls and any associated property outside the structure(s) may be used, but is not owned, by particular inhabitants. “Retail” refers to the sale of goods, products or merchandise directly to the consumer, and includes restaurants with or without outdoor dining and ancillary service, open-air fresh food markets, open-air or sidewalk cafes, multi-tenant shopping centers and kiosks. “Hotel” refers to structures used as short-term multi-unit human dwellings and ancillary conference and common rooms, in which units are attached to each other with common walls and common exterior spaces. “Service” refers to personal service and entertainment establishments, including business and professional offices, beauty shops, barbershops, locations for dry-cleaning drop-off and pick-up, and nightclubs and bars. “Commercial” refers to wholesale, retail, office, entertainment or services use. “Civic” refers to the use of buildings or structures for dramatic, musical or cultural activities; as convention centers and halls, conference centers, exhibition halls and merchandise marts; as community recreation centers, athletic and sports facilities, libraries, museums, theaters, art galleries and police and fire stations. “Utilities” refers to electric and gas substations, water and sewer facilities and structures and uses ancillary to said facilities, and wireless communications facilities and structures and uses ancillary to said facilities. “Parking” refers to the temporary accommodation of motor vehicles in an area designed and designated for same. “Warehousing and storage” refers to storage of tangible materials. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil on the Brownfields Property may not be disturbed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At the time the soil in question is disturbed, DEQ may inspect and sample, or require sampling of, the soil for contaminants. If soil contamination is discovered that DEQ determines would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment if disturbed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, or treated in situ in accordance with a plan approved in writing in advance by DEQ, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in LUR 1 above while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would neither contaminate groundwater nor pose an imminent threat to public health or the environment if capped, as much soil as DEQ reasonably requires shall be capped in situ in accordance with a plan approved in writing in advance by DEQ. Field screening techniques described in a plan approved in writing by DEQ in advance shall be employed during any soil cutting, penetrating, excavation and grading activities conducted at the Brownfields Property that penetrate more than two (2) feet below the land surface. Soil that field screening and/or observation indicates may be contaminated with regulated substances shall be stockpiled pending sampling and laboratory analysis. All stockpiles shall be covered by a material impervious to water in a manner that prevents water infiltration or run-off. Stockpiled soils shall be sampled and analyzed in accordance with a plan approved, in writing in advance, by DEQ. All soil that DEQ determines exceeds applicable soil remediation goals (“SRGs”) of DEQ’s Inactive Hazardous Sites Branch (“IHSB”) shall be managed to DEQ’s written satisfaction. If DEQ determines that contamination is present in concentrations lower than the SRGs, the soil may be placed in the excavation from which it came, as opposed to being disposed of to DEQ’s written satisfaction, unless DEQ determines that the analytical results are such that managing the stockpiled soil on the Brownfields Property would render the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1 above and/or would render public health and the environment less than fully protected. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No fill material may be placed on the Brownfields Property unless DEQ has been informed in writing of the source of said material and, if DEQ so requires, unless DEQ has been provided documentation satisfactory to DEQ that the fill material does not contain hazardous substances at concentrations above residential SRGs of DEQ’s IHSB. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ With the exception of buildings that are not enclosed (for example, an open parking garage), no building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to volatile contaminant plumes, as reflected in the most recent sampling results reasonably available to DEQ. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within one hundred (100) feet of said plume, it may not be constructed until: a vapor barrier system and/or mechanical or passive vapor barrier mitigation system based on the sampling results referenced above and approved in writing by DEQ in advance is installed, within 30 days following which DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina as well as photographs illustrating the installation and a brief narrative describing it; or an assessment of the risk posed by soil gas to potential users of the building is prepared that demonstrates to DEQ’s written satisfaction that neither a vapor barrier nor mitigation system is required. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building on the Brownfields Property (other than the electrical service structure depicted on the plat component of this Notice) may be used until mechanical ventilation with outdoor air is provided in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code (“Code”) or another standard approved in writing in advance by DEQ, notwithstanding any exceptions the Code or alternative standard may contain, unless compliance with this land use restriction is waived in writing by DEQ in advance in regard to particular enlargements or buildings. Within 30 days following installation of the subject mechanical ventilation in a new building, or modification of a mechanical ventilation system in connection with enlargement of an existing building, a professional engineer licensed in North Carolina shall provide DEQ certification under seal that the ventilation system was installed in accordance with its design specifications and complies with the Code. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ, a restriction that does not include legally required stormwater management. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except in connection with testing, remediation and monitoring required by DEQ, and, in the case of the on-site groundwater extraction wells depicted on the plat component of this Notice, in connection with any geothermal system installed at the Brownfields Property (see LUR 7.b. below), no activities that remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools supplied by groundwater, or construction or excavation activities) may occur on the Brownfields Property without prior sampling and analysis of groundwater to the satisfaction of DEQ, and submittal of the analytical results to DEQ. Any groundwater pumped from the ground shall be containerized, sampled and disposed of to DEQ’s written satisfaction, unless this requirement is waived in writing in advance by DEQ regarding a particular instance of pumping or a proposed use of groundwater. If the analytical results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the written approval of DEQ on such conditions as DEQ imposes, including at a minimum the requisite legal approval of plans and procedures to protect public health and the environment during the proposed activities. The groundwater extraction wells referenced in LUR 7.a. above may only be used in connection with a properly permitted and operational geothermal system used to cool and/or heat buildings at the Brownfields Property, unless it is shown to DEQ’s written satisfaction that the groundwater is suitable for other uses or that groundwater contamination no longer exists in the subject wells. Evidence of a yearly inspection of any such geothermal system and that any such system is operating properly shall be submitted in conjunction with the statement required by LUR 15.h. below. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other mineral or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A and B of the Notice of Brownfields Property (“Notice”), may be used or stored at the Brownfields Property without the prior approval of DEQ, except for de minimis amounts of such substances for cleaning and other routine housekeeping activities; petroleum products used in the operation of motor vehicle landscaping equipment and marine engines; any such contaminants that are functional components of buildings; emergency generator fuel if stored and used in compliance with a plan approved in writing in advance by DEQ; and constituents of products customarily used or offered for sale in retail grocery stores, drug stores, photo processing operations, retail paint and wallpaper stores, and similar retail businesses, so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No construction may occur below grade on the Brownfields Property, including without limitation construction of basements and parking, without DEQ’s prior written approval and venting in conformance, as determined by DEQ, with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless this Land Use Restriction is waived in writing by DEQ, the owner of any portion of the Brownfields Property where any existing or subsequently installed monitoring well approved by DEQ is damaged shall be responsible for repair of such well to the written satisfaction of the DEQ agency that approved the well and within a time period acceptable to that DEQ agency. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 30 days after any written DEQ request to do so, the then owner of each portion of the Brownfields Property containing any groundwater monitoring wells, injection wells, recovery wells, piezometers and other manmade points of groundwater access at the Brownfields Property (other than the groundwater extraction wells referenced in LUR 7 above) shall effect the abandonment of same in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, and shall, within 30 days after concluding such abandonment, provide the official identified in subparagraph 34.a. of the Brownfields Agreement (“Agreement”), the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and DEQ’s Division of Water Quality a report setting forth the abandonment procedures and results that includes well abandonment records. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No construction may be initiated at the Brownfields Property unless and until DEQ approves a plan with a deadline for the removal of contaminated sludge and sediments in areas proximate to the Brownfields Property’s sediment vault/trap that are designated “ST-1” and “ST-2” on the plat component of the Notice. The plan shall require removal of as much contaminated sludge and sediment as DEQ determines is necessary to make the Brownfields Property suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. ☐ In compliance ☐ Out 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 or order issued 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: ______________________________________________________________ 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, with a copy to Mecklenburg County’s chief public health and environmental officials, certifying that, as of said January 1st, the Notice remains recorded at the Mecklenburg County Register of Deeds office and that the LURs are being complied with. Alternatively, the obligations of this subparagraph may be discharged on behalf of some or all owners by an association that satisfies DEQ in writing that it is validly acting as agent for said owners, and that accepts responsibility for compliance with this subparagraph pursuant to a notarized instrument approved in writing by DEQ. A statement in a notarized copy of the master development association documents for the Brownfields Property requiring the master development association to annually submit the LURU shall suffice. The LURU shall state: the full name, mailing address, telephone and facsimile numbers, and 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 full name, mailing address, telephone and facsimile numbers, and e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ whether any landscaped areas of the portion of the Brownfields Property subject to the LURU remain sufficiently vegetated and non-eroded, as determined by DEQ. ______________________________________________________________ whether any caps installed pursuant to LUR 2 above, in the portion of the Brownfields Property subject to the LURU, remain in good condition and sufficiently intact to prevent infiltration of moisture. ______________________________________________________________ whether buildings and pavement in the portion of the Brownfields Property subject to the LURU are being maintained in good repair; and the date(s) and nature of any building- and/or pavement-related construction, maintenance or repair work performed since the last LURU regarding the subject portion of the Brownfields Property. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR 4 above, in the portion of the Brownfields Property subject to the LURU, are performing as designed to the best of the declarant’s knowledge based upon a visual inspection; any maintenance and repair of any such system(s) that has been performed since the last LURU regarding the subject portion of the Brownfields Property; and whether the uses of the ground floors of any buildings in the portion of the Brownfields Property subject to the LURU that contain such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ whether any mechanical ventilation systems installed pursuant to LUR 5 above are performing as designed to the best of the declarant’s knowledge based upon a visual inspection; and any maintenance and repair of any such system(s) that has been performed since the last LURU regarding the subject portion of the Brownfields Property. ______________________________________________________________ whether any geothermal system installed at the Brownfields Property (see LUR 7 above) has been inspected during the preceding year, as required by LUR 7.b. above, and is operating properly. ______________________________________________________________ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Mecklenburg County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by _____________, 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: ___________________ NORTH CAROLINA __________ 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 Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________