17021_The Foundry_LURUModel_2015_07_27

NC BROWNFIELDS

LAND USE RESTRICTIONS (“LUR”) UPDATE

Year Certification Made:2017

Name: Address:
The Foundry 601, 619 & 623 S. Cedar St.
Project #: County:
17021-13-060 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 multi-family
residential, retail, office, recreation, open space, parking, and, if DENR issues prior written
approval, other commercial uses. For purposes of this restriction, the following definitions apply:

a.“Multi-family residential” refers to and includes multi-unit human dwellings, such
as duplexes, triplexes, quadriplexes, condominia, town homes, or apartments.
Single family homes are prohibited unless waived in writing by the Department of
Environment and Natural Resources (“DENR”) in advance.

b.“Retail” refers to the sale of goods or services directly to the consumer or
business and includes showrooms, personal service, restaurants, and bars.

c.“Office” refers to a use or structure where business or professional services are
conducted or rendered.

d.“Recreation” refers to indoor and outdoor exercise-related, physically focused, or
leisure-related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports-related courts and
fields, open space, greenways, parks, playgrounds, walking paths, and picnic and
public gathering areas.

e.“Open Space” refers to land maintained in a natural or landscaped state and used
for active or passive recreational purposes, natural resource protection, buffers,
greenways and/or detention facilities for stormwater.

f.“Parking” refers to the temporary accommodations of motor vehicles in an area
designed for the same.

g.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or
licensee.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

The Foundry (#17021-13-060)

LUR 2:Child and adult care centers or schools are not permitted without the prior
written approval of DENR.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 3:Surface water and groundwater at the Brownfields Property may not be used
for any purpose without the prior written approval of DENR.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 4:No activity that disturbs soil on the Brownfields Property in the “Area of
Potential Soil Contamination” as delineated on the plat component of the Notice of Brownfields
Property (“Notice”), may occur unless and until DENR states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DENR
deems necessary to ensure the Brownfields 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, mowing and pruning of above-
ground vegetation; and, for emergency repair of underground infrastructure, provided that
DENR 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 DENR
shall be taken.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 5:No building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of the Notice, may be changed to
residential use until:

a.DENR determines in writing that the building would be sufficiently distant from
the Brownfields Property’s groundwater contamination that the building’s users,
public health and the environment will be protected from risk from vapor
intrusion related to said contamination; or

b.vapor mitigation measures are installed or implemented to the satisfaction of a
professional engineer licensed in North Carolina, as evidenced by said engineer’s
professional seal on a report that includes photographs and a description of the

The Foundry (#17021-13-060)
installation and performance of said measures. All vapor mitigation measures
shall be installed or implemented in accordance with a plan approved in writing
by DENR in advance, including methodology(ies) for demonstrating performance
of said measures.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 6:None of the contaminants known to be present in the environmental media at
the Brownfields Property, including those appearing in Exhibit 2 to the Brownfields Agreement,
may be used or stored at the Brownfields Property without the prior written approval of DENR,
except in de minimis amounts for cleaning and other routine housekeeping activities; in
petroleum products used in the operation of motor vehicles and landscaping equipment; in
functional components of buildings; in emergency generator fuel if stored and used in
compliance with a plan approved in writing in advance by DENR; and in constituents of
products customarily used or offered for sale in retail grocery stores, drug stores, photo
processing operations, retail paint and wallpaper stores, salons, and other retail businesses, so
long as such products are stored, used and disposed of in compliance with all applicable laws and
regulations.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 7:The owner of any portion of the Brownfields 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, unless compliance with this LUR is waived in writing by DENR in advance.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 8:Neither DENR, nor any party conducting environmental assessment or
remediation at the Brownfields 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 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
☐☐

The Foundry (#17021-13-060)
Remarks: ______________________________________________________________

LUR 9:During January of each year after the year in which the Notice is recorded, the
st
owner of any part of the Brownfields 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
st
environmental officials of Mecklenburg County, certifying that, as of said January 1, 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:

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 Brownfields Property during the previous calendar year.
______________________________________________________________

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
Brownfields Property during the previous calendar year.
______________________________________________________________

c.whether the “Area of Potential Soil Contamination” pursuant to LUR 4 above
remains properly covered by impervious surface.
______________________________________________________________

d.whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 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.
______________________________________________________________

A joint LURU may be submitted for multiple owners by a duly constituted board or association,
or another entity approved in advance by DENR.

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: __________________

The Foundry (#17021-13-060)
\[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\]

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: _________________