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Home My WebLink About12022_Wal-Mart 1666-04_LURUModel_2009_12_11 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Wal-Mart #1666-04 Blvd. 3800-3900 E. Independence Project #: County: 12022-08-60 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 retail and related motor vehicle parking purposes. Within the meaning of this restriction, the following definitions apply: a.“Retail” refers to sale, directly to the consumer, of goods, including without limitation food in or outside of a restaurant setting, and hair salon, photo processing, pharmacy, eye and health care services, and any other services that the Department of Environmental Quality (“DEQ”) approves in writing in advance. Any dry cleaning conducted at the Brownfields Property may not employ tetrachloroethylene or any other chlorinated solvent. b.“Parking” refers to the temporary accommodation of motor vehicles in an area designed and designated for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Physical redevelopment of the Brownfields Property may not occur other than in accord with a plan, the implementation of which may not commence until DEQ has approved it. The plan shall provide at a minimum for assessment of soil contamination at the Brownfields Property; addressing of any such contamination discovered through the assessment or otherwise; health and safety issues associated with all potential activities described in the plan; and the timing of redevelopment phases. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Wal-Mart #1666-04 (12022-08-60) LUR Update LUR 3:Unless DEQ states otherwise in writing, in advance, regarding one or more structures, physical redevelopment of the Brownfields Property may not be initiated until all structures depicted on the plat component of the Notice of Brownfields Property (“Notice”) are demolished in accord with applicable provisions of law, including without limitation those pertaining to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Contamination on the Brownfields Property that falls within the jurisdiction of DEQ’s Underground Storage Tank (“UST”) Section shall be addressed in accordance with the statutes, rules and guidelines of the UST Section, and copies of all reports and correspondence relating to such contamination, including any “No Further Action” letters issued by the UST Section regarding UST incidents on the Brownfields Property, shall be submitted to the DEQ official identified in paragraph 36 of the Brownfields Agreement (“Agreement”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No building containing enclosed space may be used or constructed on the Brownfields Property unless and until DEQ determines in writing that contaminated vapor does not pose an undue risk to those expected to use the building (except that the current use of buildings shown on the plat component of the Notice may continue for 270 days following the Notice’s recordation). That showing may be made through evidence regarding either natural conditions in the area of the proposed building or conditions produced by work conducted in accord with Land Use Restriction 2 above, or a demonstration of the effectiveness of a vapor barrier system and/or sub-slab vapor venting system, or other effective vapor mitigation system, approved in writing in advance by DEQ and installed to DEQ’s written satisfaction. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:Except in connection with testing, remediation and monitoring required by DEQ, no activities that remove or use groundwater (for example, installation of water supply wells, Wal-Mart #1666-04 (12022-08-60) LUR Update 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 water 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. 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8: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: ______________________________________________________________ LUR 9: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 for de minimis amounts of any such contaminants that are functional components of buildings, are in or used in goods or services for retail sale at the Brownfields Property, are in substances used for cleaning and other routine housekeeping activities, are in petroleum products used to operate motor vehicle and marine engines, or in emergency generator fuel if used and stored in compliance with a plan approved in writing in advance by DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10: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: ______________________________________________________________ Wal-Mart #1666-04 (12022-08-60) LUR Update LUR 11: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: ______________________________________________________________ LUR 12: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 man made points of groundwater access at the Brownfields Property 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 paragraph 36 of the Agreement, the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and DEQ’s Division of Water Quality a written report setting forth the abandonment procedures and results that includes well abandonment records. 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 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: ______________________________________________________________ LUR 14: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 certifying that the Notice remains recorded at the Mecklenburg County Register of Deeds office and that the Land Use Restrictions are being complied with. Further, the LURU shall state: a.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. Insert information: ______________________________________________________________ Wal-Mart #1666-04 (12022-08-60) LUR Update b.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. Insert information: ______________________________________________________________ c.whether any landscaped areas of the portion of the Brownfields Property subject to the LURU remain vegetated and exhibit soil erosion. Insert information: ______________________________________________________________ d.whether any caps or other measures installed pursuant to Land Use Restrictions 2 or 7 above, in the portion of the Brownfields Property subject to the LURU, remain in good condition and intact. Insert information: ______________________________________________________________ e.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. Insert information: ______________________________________________________________ f.whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 5 above, in the portion of the Brownfields Property subject to the LURU, are performing as designed; 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. Insert information: ______________________________________________________________ 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: __________________ Wal-Mart #1666-04 (12022-08-60) LUR Update \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________