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Home My WebLink About16033_Wrightsville Avenue_LURUModel_2015_12_14 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Wrightsville Avenue 2501-2509 Wrightsville Avenue Project #: County: 16033-12-065 New Hanover 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 commercial or mixed use to be comprised of commercial and residential components. For purposes of this restriction, the following definitions apply: i.Commercial - an enterprise carried on for profit by the owner, lessee or licensee; and ii.Residential - Attached permanent single family or multifamily dwelling situated as a second story (or higher) above a ground floor office, retail, or commercial space. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2: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 without prior sampling and analysis of groundwater to the written satisfaction of the Department of Environment and Natural Resources (“DENR”) in any areas proposed for such activities, and submittal of the analytical results to DENR. If such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DENR imposes. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Wrightsville Avenue (#16033-12-065) LUR 3:Soil on the Property within the area denominated “Area of Known Contamination” on the plat component of the Notice of Brownfields Property (“Notice”) referenced in Paragraph 18 of the Brownfields Agreement (aka: “Exhibit A”), may not be disturbed unless and until DENR states in writing, in advance of the proposed disturbance, that the disturbance may proceed, if carried out along with any measures DENR deems necessary in connection with the proposed disturbance to avoid rendering the Property unsuitable for the uses specified in LUR 1 above or public health or the environment less than fully protected. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Areas not covered by buildings or other impervious surfaces will be covered and maintained with no less than one foot of clean fill or landscaped in such manner approved by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No building may be constructed on the Property within the area denominated “Area of Known Contamination” on the plat component of the Notice referenced in Paragraph 18 of Exhibit A, unless and until DENR determines in writing that: i.the building would be sufficiently distant from the Property’s soil and groundwater contamination that the building’s users, public health and the environment will be protected from risk from soil vapor intrusion related to said contamination; or ii.a plan for a soil vapor intrusion mitigation system, approved in writing by DENR in advance and including a proposed performance assessment prior to the building’s use for demonstration of the system’s protection of the building’s users, public health and the environment from risk from soil vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by implementation documentation sealed by said engineer. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Wrightsville Avenue (#16033-12-065) LUR 6:None of the contaminants known to be present in the environmental media at the Property, including those appearing in Exhibit 2 of Exhibit A, may be used or stored at the Property without the prior written approval of DENR, 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 playground, or for child care centers or schools. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Property may not be used for kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The owner of any portion of the Property where any existing, or subsequently installed, DENR-approved monitoring well is damaged shall be responsible for repair of any such wells to DENR’s written satisfaction and within a time period acceptable to DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:Neither DENR, 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 DENR, 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: ______________________________________________________________ Wrightsville Avenue (#16033-12-065) LUR 11:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DENR, and to the chief public health and environmental st officials of New Hanover County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the New Hanover County Register of Deeds office and that the land use restrictions are being complied with, and stating: i.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. ______________________________________________________________ ii.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. ______________________________________________________________ iii.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 5 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 New Hanover 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: __________________ Wrightsville Avenue (#16033-12-065) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________