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Home My WebLink About12025_West Worthington_LURUModel_2009_09_30 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: West Worthington 118 West Worthington Avenue Project #: County: 12025-08-60 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 Property other than for office, retail and, on building levels above ground floors, high-density residential (including hotel) purposes. Parking related to the foregoing uses is a permitted use as well. Within the meaning of this restriction, the following definitions apply: a.“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. b.“Retail” refers to the sale of goods, products or merchandise directly to the consumer, and includes restaurant use. c.“Office” refers to the rendering of business or professional services. d.“Parking” refers to the temporary accommodation of motor vehicles in an area designed and designated for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ West Worthington (12025-08-60) LUR Update LUR 2:No activities that remove, use or may encounter groundwater or surface water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that may encounter water) may occur at the Property without prior sampling and analysis of the subject water to the written satisfaction of the Department of Environmental Quality (“DEQ”) in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ imposes, including at a minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Soil anywhere on the Property exhibiting any stain or odor may not be disturbed without prior sampling and analysis, to DEQ's written satisfaction, of soil proposed to be disturbed. If such analysis discloses contamination that DEQ determines renders the Property unsuitable for the uses specified in LUR 1 above, the soil may only be disturbed in conformance with procedures approved in writing in advance by DEQ to protect public health and the environment. DEQ may require that soil disturbed or exposed be treated, removed and disposed of in accordance with applicable law, or capped with an impervious or hard pervious surface, as DEQ determines is necessary to render the Property suitable for said uses. If treatment is chosen, it shall be conducted in conformance with procedures approved in writing in advance and afterwards by DEQ. If soil removal and disposal is chosen, information satisfactory to DEQ regarding the transportation and disposition of such soil shall be supplied in writing to DEQ within seven (7) days following removal. If capping the soil is chosen, the cap shall be maintained to DEQ’s satisfaction. For purposes of this LUR, the following definitions apply: a.“Impervious surface” means any structure or groundcover consisting of asphalt, concrete, stone, brick, terrazzo, roofing, ceramic tile or other natural or man-made material that prevents the absorption of surface water into the soil. b.“Hard pervious surface” means any structure or groundcover that allows absorption of surface water into the soil, but has a hard surface formed or cast in place that protects land users from exposure to any contaminants in the soil. Pervious concrete and pervious tennis court materials are examples. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ West Worthington (12025-08-60) LUR Update LUR 4:No mining may be conducted on or under the Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No basements may be constructed on the Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:None of the contaminants known to be present in the environmental media at the Property, including those listed in Table A of Notice of Brownfields Property (“Notice”), may be used or stored at the 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 7:The Property may not be used as a park or for 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 8:The Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ West Worthington (12025-08-60) LUR Update LUR 9:The Property may not be used as a playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The owner of any portion of the Property where any existing or later 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 12:No party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Property for purposes of conducting such assessment or remediation. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13:During January of each year after the year in which the Notice is recorded, the then current owner of any part of the Property shall submit a notarized LURU to DEQ certifying that 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 Property during the previous calendar year. Insert information: ______________________________________________________________ West Worthington (12025-08-60) LUR Update 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 Property during the previous calendar year. Insert information: ______________________________________________________________ c.whether any impervious and/or hard pervious surfaces installed pursuant to LUR 3 above are being maintained such that they remain intact and are free of cracks that would allow exposure of underlying soil. Yes___ No___ 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: _________________