16056_Imperial Campus II_LURUModel

NC BROWNFIELDS

LAND USE RESTRICTIONS (“LUR”) UPDATE

Year Certification Made:2017

Name: Address:
Imperial Campus II 710 & 711 Atlantic Ave.
Project #: County:
16056-12-074 Pitt

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 as a mixed use redevelopment
including light industrial, commercial office, retail, restaurant, multi-unit residential, open space,
transit and parking, and institutional uses other than pre-school, primary, middle, and secondary
school use unless that school use complies with LUR 8 below. For purposes of this restriction,
the following definitions apply:

a.“Light industrial” means the assembly, fabrication or processing of goods and
materials using processes that ordinarily do not create unreasonable noise, smoke,
fumes, odors, glare, or health and safety hazards outside of the building or
property where such assembly, fabrication or processing takes place;

b.“Commercial office” refers to the provision of business services for a profit;

c.“Retail” refers to the sale of goods, products, or merchandise directly to the
consumer;

d.“Restaurant” refers to a commercial business establishment that prepares and
serves food and beverages to patrons.

e.“Institutional use” refers to the use of land, buildings or structures for public, non-
profit or quasi-public purposes, such as libraries, community centers, post-
secondary education facilities, or health care facilities, and if in compliance with
LUR 8 below, pre-schools, primary, middle, and secondary schools.

i.“Post-secondary education” refers to a privately-owned or publicly-owned
university, college, junior college, or community college that provides
education beyond the high school level.

ii.“Health care facilities” refers to a hospital, clinic (excluding veterinary),
health maintenance organization, excluding a group home, which routinely
provides for the diagnostics, care, treatment, and testing for physical or
psychological injury or illness, or disability, and for the overnight
boarding of patients, either on a for-profit or not-for-profit status.

Imperial Campus II (#16056-12-074)

f.“Multi-unit residential housing” refers to a permanent dwelling such as a
condominium, apartment, group home, dormitory or boarding house where
residential units are attached to each other with common walls and any property
outside the dwelling structure is common to the residents and not privately owned
as part of an individual dwelling unit;

g.“Open space” refers to an area 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 storm water;

h.“Transit use” refers to the carrying of people, goods, or materials from one place
to another; and

i.“Parking use” refers to the temporary accommodation of motor vehicles in an area
designed for same.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 2:Physical redevelopment of the Property may not occur other than in accord, as
determined by the Department of Environment and Natural Resources (“DENR”), with an
Environmental Management Plan approved in writing by DENR in advance (and revised to
DENR’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:

a.soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;

b.issues related to potential sources of contamination referenced in paragraph 7 of
Exhibit A (aka: Brownfields Agreement or “Agreement”); and

c.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields).

In compliance Out of compliance
☐☒

Remarks: ______________________________________________________________

LUR 3:After each one-year anniversary of the effective date of the Agreement in
Exhibit A for as long as physical redevelopment of the Property continues (except that the final
deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the
Property shall provide DENR a report subject to written DENR approval on environment-related
activities since the last report, with a summary and drawings, that describes:

Imperial Campus II (#16056-12-074)

a.actions taken in accordance with the plan required by LUR 2 above;

b.soil grading and cut and fill actions;

c.methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media;

d.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

e.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: ______________________________________________________________

LUR 4: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 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 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: ______________________________________________________________

LUR 5:After conclusion of the redevelopment period referenced in LUR 2 above as
determined by DENR, no activity that disturbs soil on the Property 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 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: ______________________________________________________________

Imperial Campus II (#16056-12-074)

LUR 6:No building may be constructed on the Property and no existing building,
defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 20 of Exhibit A, may be occupied until:

a.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

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
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 7: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 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 8:The Property may not be used as a playground, or for child care centers or
schools., except in areas where 12 inches of demonstrated clean compacted fill, or another cover
approved in writing in advance by DENR, are installed to DENR’s written satisfaction, and then
delineated to DENR’s written satisfaction as “Demonstrated Clean Fill Area Suitable for
‘Playground,’ ‘Child Care Center’ or ‘School’” areas on a revised plat component of the Notice
referenced in paragraph 20 of Exhibit A, and is maintained and left undisturbed other than
through normal playground, child care center or school use.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

Imperial Campus II (#16056-12-074)

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, unless
compliance with this LUR is waived in writing by DENR in advance.

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: ______________________________________________________________

LUR 11:During January of each year after the year in which the Notice referenced in
st
paragraph 20 of Exhibit A is recorded, the owner of any part of the Property as of January 1 of
that year shall submit a notarized Land Use Restriction Update (“LURU”) to DENR, and to the
chief public health and environmental officials of Pitt County, certifying that, as of said January
st
1, the Notice of Brownfields Property containing these land use restrictions remains recorded at
the Pitt 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.
______________________________________________________________

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.
______________________________________________________________

c.whether any vapor barrier and/or mitigation systems installed pursuant to LUR
6.b. 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
☐☐

Imperial Campus II (#16056-12-074)

Remarks: ______________________________________________________________

Notarized signing and submittal of this Land Use Restrictions Update constitutes certification
that the Notice of Brownfields Property remains recorded at the Pitt 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: _________________