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Home My WebLink About11037_Double Oaks (Amended)_LURUModel_2015_08_21NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Double Oaks (Amended 8/18/2015, 2nd Amendment 12/15/2016) Project #: 11037-07-060 Address: 2623 Double Oaks Road 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 retail, hotel and other commercial purposes, and for residential, recreational, educational, open space and office purposes, except as set forth in LUR 3 below. Within the meaning of this restriction, the following definitions apply: “Retail” refers to the sale of goods directly to the consumer. “Hotel” refers to the provision of overnight lodging for reservation, cleaning services, associated utilities and on-site management and reception for paying customers. “Commercial” refers to an enterprise operated for profit by the owner, lessee or licensee. “Residential” refers to use for a permanent dwelling of any single- or multi-unit building. “Educational” refers to the provision of primary (including pre-kindergarten), secondary, post-secondary or vocational education, or child care or senior care. “Recreational” refers to indoor and outdoor health or exercise clubs and sports, and the facilities for same, including swimming pools and courts and fields for outdoor sports. “Open space” refers to land maintained in a natural, undisturbed character, and improved areas, used for passive recreation, natural resource protection, buffers and/or detention facilities for stormwater. “Office” refers to the provision of business or professional services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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”), other than in connection with stormwater management in conformance with law. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ (Amended 8/18/2016, 12/15/2016) This LUR strictly concerns the designation area denoted as AREA CONTAINING WASTE on the revised plat map attached to the Second Amendment to Notice of Brownfields Property and Second Amendment to Brownfields Agreement updated May 5th, 2016 and recorded in the Mecklenburg County land records, Plat Book 60, Page 408. title to this area shall remain in Double Oaks Development, LLC, or in a homeowner’s association created pursuant to a condominium declaration, “covenants, conditions and restrictions” or functionally equivalent instrument recorded in the land records of Mecklenburg County or another entity with prior written DEQ approval. absent prior written DEQ approval, the area may only be used as open space; no above or below ground construction or improvements (including, but not limited to, utilities, roads, and sidewalks) may be installed unless approved in writing in advance by DEQ; absent prior written DEQ approval no alteration or disturbance of the existing soil, landscape and contours shall occur other than erosion control measures approved by DEQ; activities necessary to maintain the security and structural integrity of the area are allowed with prior written approval of DEQ; and mowing of vegetation and tree pruning is allowed. ☐ 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 minerals 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 Table A 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, and as constituents of fuel for vehicles used in construction and operations at the Brownfields Property or for backup generators. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No 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: ______________________________________________________________ No 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 such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. If a party legally responsible for the Brownfields Property’s contamination conducts assessment and/or remediation pursuant to this restriction, DEQ shall use reasonable efforts to cause said party to promptly restore the Brownfields Property as closely as reasonably possible to its prior condition. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ (Amended 12/15/2016) During January of each year after the year in which the Notice is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property 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: 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 ______________________________________________________________ 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 owners association or other entity may submit same on behalf of some or all owners of the Property, if said association or entity: has accepted responsibility for LURU submission 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 being submitted; or is responsible for LURU submission on behalf of such owners pursuant to a condominium declaration, “covenants, conditions and restrictions” or a functionally equivalent instrument recorded in the land records of Mecklenburg County; and provides, contemporaneously with submission to DEQ, a copy of each LURU submitted to each party on whose behalf it is submitted. ______________________________________________________________ whether soil caps (hardscape materials. clean soil. stone) and landscaping required by LUR 3 above are being inspected and maintained to prevent erosion and/or human exposure to contaminated soil or other media. In accordance with said LUR, the caps must be maintained such that they are intact, uncompromised, in good condition and continuing to serve as barriers to the soil contamination in relation to which they were installed. ______________________________________________________________ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ (Amended 12/15/2016) Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book 31425, Page 486.” A copy of any such instrument shall be sent to the persons listed in Exhibit A Section XV (Notices and Submissions), though financial figures related to the conveyance may be redacted. Prospective Developer may use the following mechanisms to comply with the obligations of this paragraph: {i) If every lease and rider is identical in form, Prospective Developer may provide DEO with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Exhibit A Section XV {Notice and Submissions): or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Exhibit A Section XV. ☐ 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: _________________