The URL can be used to link to this page

Home My WebLink About12039_Rachel Street_LURUModel_2010_11_05 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Rachel Street 2404 Rachel Street Project #: County: 12039-08-60 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 LUR 1:No use may be made of the Brownfields Property other than for residential, recreational, and open space. For purposes of this restriction, the following definitions apply: a.“Residential” refers to use for a permanent dwelling of any single- or multi-unit building. b.“Recreational” refers to playground use and to indoor or outdoor health or exercise clubs and sports of any kind (including, but not limited to, golf, football, soccer and baseball), and the facilities for same (including, but not limited to, swimming pools and courts and fields for outdoor sports). c.“Open space” refers to areas, whether landscaped or natural, set aside for the use and enjoyment of residents/users of a development or of the general public. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Rachel Street 12039-08-60 LUR Update LUR 2:Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Soil in the areas designated “Area of Known Soil Contamination,” on the plat component of the Notice of Brownfields Property (“Notice”), may not be disturbed unless and until DEQ approves in writing a plan with a schedule, and its implementation, that requires: a.capping (with asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other impervious material approved in writing in advance by DEQ), remediation and/or removal of sufficient soil to satisfy DEQ that the Brownfields Property is suitable for the uses specified Land Use Restriction 1 above and that public health and the environment are fully protected despite any remaining soil contamination, as determined by sampling of each excavation’s side walls and bottom; and b.a written report regarding implementation of the plan, submitted no later than 30 days following its implementation, and correction of any deficiencies DEQ identifies in the report or in implementation of the plan within 30 days after DEQ provides written notice of such deficiencies. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Rachel Street 12039-08-60 LUR Update LUR 5: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, 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 activities; copper present in building materials in existing or later-constructed infrastructure and building(s); and as constituents of fuel (e.g., for vehicles or backup generators). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:The owner of any portion of the Brownfields Property where any existing, or later-installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7: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 compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Rachel Street 12039-08-60 LUR Update LUR 8:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the Director of Mecklenburg County's st Land Use & Environmental Services Agency, certifying that, as of said January 1, the Notice remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with, and stating: a.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; and b.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. In lieu of submissions of LURUs by particular owners, a property owner’s association or other entity may submit same on behalf of some or all owners of the Brownfields Property, if said association or entity: c.has accepted responsibility for submission of the LURU pursuant to a notarized instrument that includes, at a minimum, the name and mailing address, and if available, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is submitted; or d.is responsible for submission of the LURU on behalf of such owners pursuant to a condominium declaration, “covenants, conditions and restrictions” or functionally equivalent instrument recorded in Mecklenburg County’s land records; and e.provides, contemporaneously with submission to DEQ, a copy of each LURU submitted to each party on whose behalf it is submitted. 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 County Register \[Enter County\] 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: __________________ Rachel Street 12039-08-60 LUR Update Title typed or printed: ___________________ NORTH CAROLINA MECKLENBURG 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: _________________