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Home My WebLink About16004_West Lee Street Shopping Ctr_LURUModel_2015_05_05NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: West Lee Street Shopping Ctr Project #: 16004-12-041 Address: 801 West Lee Street (multiple) County: Guilford 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 Property other than for commercial purposes including retail, grocery, restaurant, professional office, financial services, assembly hall, salon, and laundry and dry cleaning services, which do not use chlorinated solvents, and associated parking. Unless compliance with this restriction is waived in writing in advance by the Department of Environmental Quality (“DEQ”) in relation to particular buildings, no residential use shall be made of the Property. For purposes of this restriction, the following definitions apply: "Retail" use refers to the sale of goods, products, or merchandise directly to the consumer. "Grocery" refers to an establishment engaged in the sale of food and household products. "Restaurant" refers to an establishment where meals are prepared and served to paying customers. "Professional office" refers to a place where business or professional services are conducted or rendered including personal, business, professional, medical, and dental offices. "Financial services" includes those provided by banking, credit union, or loan institutions, financial management consultants, and tax management or consulting services. "Assembly hall" refers to an assembly of guests or members for purposes of worship, social events, or other civic or cultural exhibitions. "Laundry and dry cleaning services" refer to pick and drop off locations for dry cleaning, laundromat and drop-in laundry services, and dry cleaning uses that exclude the use of chlorinated solvents such as tetrachloroethylene, also known as perchloroethylene, (PCE), and its degradation products. "Salon" includes shops or businesses offering a specific product or health, cosmetic or beauty service. "Parking" refers to the temporary accommodation of motor vehicles in an area designed for same. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this LUR is waived in writing in advance by DEQ in relation to particular buildings, demolition of any building on the Property shall be in accordance with applicable legal requirements, including without limitation those related 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: ______________________________________________________________ Physical redevelopment of the Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) prepared for each phase of redevelopment and as approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Property during construction or redevelopment in any other form, including without limitation: soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; issues related to potential sources of contamination referenced in paragraph 7 of the Exhibit A to the Notice of Brownfields Property; contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and a requirement for representative final grade soil sampling of any area not planned to be covered by building foundations, sidewalks, or asphaltic or cement parking areas and driveways to the written satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within 90 days after each one-year anniversary of the effective date of the Brownfields Agreement attached to the Notice as Exhibit A for as long as each phase of physical redevelopment of the Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment of each phase separately), the then owner of the Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: actions taken in accordance with the plan required by LUR 3 above; soil grading and cut and fill actions; methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Property (copies of all legally required manifests shall be included). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Property unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ After conclusion of each of the separate redevelopment periods referenced in LUR 3 above as determined by DEQ, no activity that disturbs soil on the Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment except: in connection with de minimis soil removals to depths not exceeding 18 inches exterior to the footprint of Building 1, mowing and pruning of above-ground vegetation; and, for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Permanent wells MW-A, MW-1, MW-2S, MW-20, MW-38, MW-3D, MW-SS, MW-5D, MW-6S, and MW-6D, which are located on the Property, are required for Dry-cleaning Solvent Cleanup Act (“DSCA”) for continued monitoring purposes until such time DSCA determines such wells are no longer needed, and well abandonment in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code is conducted by DSCA or its contractors. While these wells are in service at the Property, said wells will be protected from damage during redevelopment or other site activities and DSCA will be notified in advance of any such planned activities. During implementation of these activities, if said activities will compromise or damage any of the wells that are to be retained, such activities will cease in these areas, DSCA will be notified within two (2) business days, and negotiations with the appropriate DSCA staff will be conducted to properly abandon the wells in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, or with advance DSCA approval, temporarily remove from service such wells in accordance with Subchapter 2C, Title 15A NCAC .0113(a). If such well abandonment or temporary removal activities are conducted by the property owner, such activities will be conducted prior to continuing with redevelopment activities in those areas, on a schedule acceptable to DSCA, and, within 30 days after doing so, provide DSCA a report, to DSCA's satisfaction, setting forth the procedures and results. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No enclosed building may be constructed on the Property described on the plat component of the Notice of Brownfields Property referenced in paragraph 21 of Exhibit A until: it is demonstrated, pursuant to a DEQ approved plan, and subject to DEQ's written approval, that the building would be or is sufficiently distant from the Property's groundwater and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or a plan for a vapor intrusion mitigation system, approved in writing by DEQ in advance and including a proposed performance assessment for demonstration of the system's protection of the building's users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of Exhibit A, may be used or stored at the Property, including as spotting agents in the dry cleaning process, without the prior written approval of DEQ, except in de minimis amounts for routine housekeeping activities; in stored fuels for use in emergency generators in locations in which releases from these storage areas would be distinguishable with certainty from the subject contaminants from any known release at the property that predates the Brownfields Agreement; or as components in sealed, pre-packaged containers sold in a retail context in connection with uses permitted under the Agreement. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The use of petroleum hydrocarbons in onsite dry cleaning operations shall comply with DEQ rules regarding operation of such businesses as cited in N.C.G.S. 143-215.104; Title 15A NCAC Subchapter 2S, Rules and Criteria for the Administration of the Dry-Cleaning Solvent Cleanup Fund; and federal regulations 40 Code of Federal Regulations (CFR) Part 60 (Subpart JJJ), Standards of Performance for Petroleum Drycleaners; and 40 CFR Part 260-262, Hazardous Waste Management Regulations. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Known or future discoveries of petroleum UST release(s) at the Property shall be addressed to the satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture or grazing. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the actions or omissions of such owner, or by its employees, contractors, tenants, or agents shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this LUR is waived in writing by DEQ in advance. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ, nor any party conducting environmental assessment or remediation at the 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 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 Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice referenced in paragraph 20 of Exhibit A 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 Guilford County, certifying that, as of said January 1st, the Notice of Brown fields Property containing these land use restrictions remains recorded at the Guilford 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 Property during the previous calendar year. ______________________________________________________________ the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner transferred any part ofthe Property during the previous calendar year. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction No. 7 above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ ☐ 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 Guilford 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: _________________