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Home My WebLink About14009_330 West Tremont_LURUModel_2010_11_19 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: 330 West TremontAddress: West Tremont Ave. & S. Tryon St. Project #: County: 14009-10-60 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 high-density residential purposes, with associated automobile parking. For purposes of this restriction, the following definitions apply: a.“High density residential” refers to use for a dwelling of a multi-unit building, and ancillary uses related thereto, including a pool, gymnasium, movie theater, game rooms and a leasing facility. b.“Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Unless compliance with this LUR is waived in writing by the Department of Environmental Quality (“DEQ”) in advance, no new use of the Brownfields Property may occur prior to demolition of all buildings on the Brownfields Property depicted on the plat component of the Notice of Brownfields Property (“Notice”) in accordance with applicable legal requirements, including without limitation those administered by the Lead and Asbestos Abatement Program of DEQ’s Division of Public Health. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ 330 West Tremont 14009-10-60 LUR Update LUR 3:No building may be constructed on the Brownfields Property until DEQ has been consulted regarding the potential for subsurface contamination at the Brownfields Property to contribute to the migration of vapor contaminants, and the potential for vapor intrusion to pose a health risk to future building users. If DEQ determines that subsurface contamination at the Property could pose a potential health risk in a planned building due to vapor intrusion, the building may not be constructed without: a.a vapor barrier and, if DEQ determines it necessary, a mechanical or passive sub-vapor barrier venting system, neither of which shall be installed without advance written DEQ approval, and the installation of each of which shall be followed within 30 days by provision to DEQ of 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 b.a showing that meets with DEQ’s written satisfaction that no vapor-related measures are needed. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Neither surface water nor ground water at the Brownfields Property may be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5: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: ______________________________________________________________ LUR 6:No fully in-ground basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ 330 West Tremont 14009-10-60 LUR Update LUR 7:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed on the contaminant charts set out on this plat 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Brownfields Property may not be used as a park or for organized sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Brownfields Property may not be used for child care centers or schools without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Brownfields Property may not be used for horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ 330 West Tremont 14009-10-60 LUR Update LUR 12: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 13: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: ______________________________________________________________ LUR 14:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfieds Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental st officials of Mecklenburg County, certifying that, as of said January 1, the Notice 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, 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. ______________________________________________________________ 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. ______________________________________________________________ c.whether any vapor barrier and/or sub-vapor barrier venting system systems installed pursuant to LUR 3a above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barriers and/or sub-vapor barrier venting systems have changed, and, if so, how. ______________________________________________________________ 330 West Tremont 14009-10-60 LUR Update Alternatively, a property owners’ association or management entity may submit a LURU on behalf of some or all owners of the Brownfields Property if said association or entity provides DEQ in writing 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 being submitted; provides, contemporaneously with submission to DEQ, a copy of each LURU submitted to each owner on whose behalf it is submitted; and provides DEQ a copy of: d.a notarized instrument in which it accepts responsibility for LURU submission for the owners in question; or e.a condominium declaration, “covenants, conditions and restrictions” or functionally equivalent recorded instrument in which it accepts responsibility for LURU submission for the owners in question. 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: __________________ 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: _________________ 330 West Tremont 14009-10-60 LUR Update