HomeMy WebLinkAbout18004_Tremont Redevelopment_LURU Model
NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
Tremont Redevelopment 307, 327 & 349 W. Tremont Ave
Project #: County:
18004-14-060 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, unless the Department of
Environment and Natural Resources (“DENR”) agrees in writing in advance, other than for mixed
use high-density residential overlying ground-floor office and retail use with an in-ground pool for
residents and associated parking. For purposes of this restriction, the following definitions apply:
a."High-density residential" use refers to a multi-unit 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 of the dwelling structure is common to the residents and not privately
owned as part of an individual dwelling unit.
b."Office" use refers to the provision of business or professional services.
c."Retail" use refers to the sale of goods directly to the consumer.
d."Parking" use refers to the temporary accommodation of motor vehicles in an area
designed for same.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 2:Unless compliance with this LUR is waived in writing in advance by DENR in
relation to particular buildings, no residential use of the Brownfields Property may occur prior to
demolition of all buildings on the Brownfields Property depicted on the plat component of the
Notice of Brownfields Property (“Notice”) referenced in paragraph 19 of the Exhibit A (aka:
Brownfields Agreement) 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.
Tremont Redevelopment (#18004-14-060)
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 3:Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DENR, with an Environmental Management Plan (“EMP”) 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 Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields 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.
c.plans for addressing the remaining known underground storage tank (UST) at the
Brownfields Property, including confirmatory soil sampling upon removal of the
remaining UST to DENR's satisfaction;
d.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields); and
e.plans for confirmatory final grade sampling of exposed native soils prior to
construction of onsite structures.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 4:Each January for as long as physical redevelopment of the Brownfields Property
continues (except that the final deadline shall fall in January after the conclusion of each separate
physical redevelopment phase), the then owner of the Brownfields 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:
a.actions taken in accordance with the plan required by LUR 3 above;
b.soil grading and cut and fill actions;
c.methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media, including imported fill materials;
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
Tremont Redevelopment (#18004-14-060)
e.removal of any contaminated soil, water or other contaminated materials (for
example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5:Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DENR. In accordance with the Groundwater Monitoring Plan
specified in the Removal Action Completion Report, Former Virginia-Carolina Chemical
Corporation Site, Charlotte, NC (Arcadis, May 2014, revised August 2014) prepared for
ExxonMobil, existing groundwater monitoring wells on the Brownfields Property, MW-I, MW-2,
MW-3, MW-4, MW-5, MW-6, andMW-7, are included in groundwater monitoring program
commencing in 2015 and continuing for a minimum of a five-year period. The Brownfields
Property owner will attempt to protect wells MW-1 through MW-7 from damage during all pre-
construction, redevelopment, and other activities. If site activities will compromise or damage any
of the wells that are to be retained, the Brownfields Property owner will cease such activities in
these areas. Prior to continuing with the activities in those areas, the Brownfields Property owner
shall, on a schedule acceptable to DENR, and with reasonable notice to ExxonMobil, effect said
abandonment and, within 30 days after doing so, provide DENR a report, subject to DENR
approval, setting forth the procedures and results. The Brownfields Property owner shall be
required to effect the relocation of any well abandoned in accordance with the preceding sentence
within 30 days of the completion of the activities affecting said wells, or pursuant to a schedule
approved by DENR and the U.S. EPA, if such well or wells are required to enable ExxonMobil to
fulfill its groundwater monitoring requirements. Within 90 days, or other schedule as approved by
DENR, after the Brownfields Property owner has been notified that ExxonMobil (or its corporate
successor) wholly satisfied its monitoring obligations as to groundwater at the Brownfields
Property to the satisfaction of EPA and DWM Inactive Hazardous Sites Branch Federal
Remediation Branch, the Brownfields Property owner shall notify DENR that it is ready to effect
the abandonment of all groundwater monitoring wells, injection wells, recovery wells, piezometers
and other man-made points of groundwater access at the Brownfields Property, or a subset of those
aforementioned points of groundwater access at the Brownfields Property that are no longer
needed for monitoring purposes, are ready to be abandoned in accordance with Subchapter 2C of
Title 15A of the North Carolina Administrative Code. Unless DENR notifies the Brownfields
Property owner within 10 days of receiving such notification to refrain from such abandonment,
the Brownfields Property owner shall, on a schedule acceptable to DENR, affect said abandonment
and, within 30 days after doing so, provide DENR a report, subject to DENR approval, setting
forth the procedures and results.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Tremont Redevelopment (#18004-14-060)
LUR 6:Except for the soil excavation activities to be conducted by ExxonMobil as
described in Removal Action Work Plan (Arcadis, December 2012), and in any revisions to that
work plan that are made to the satisfaction of DENR and US EPA, no activity that disturbs soil on
the Brownfields 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 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 aboveground 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 7:Exposure to native soil shall be minimized by maintaining a protective cover or
cap over the surface of the Brownfields Property, which shall consist of building foundations,
asphalt paving or concrete surface material, or other impervious hardscape material. Landscaped
areas may be incorporated into the cover design, but shall be constructed with a minimum of one
foot of compacted clean fill or topsoil over native soil, unless sampling demonstrates that the
exposed soil is safe for the intended reuse. The in-ground pool will be constructed above a
minimum of two feet of clean imported fill material. The owner(s) of any portions of the
Brownfields Property containing the cap approved by DENR shall be responsible for inspecting
on a periodic basis and maintaining such surfaces in good repair so that they retain their integrity
and that the infiltration of surface water beneath the cap is minimized, whether or not another party
has made a commitment to perform any part of said maintenance.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 8:No building may be constructed on the Brownfields Property unless and until
DENR determines in writing that:
a.it is demonstrated to DENR's written satisfaction through a site-specific risk
assessment, that the building is protective of the building's users, public health and
the environment from risk of vapor intrusion;
b.it is demonstrated, pursuant to a DENR approved plan, and subject to DENR's
approval, that the building would be or is sufficiently distant from the Brownfields
Property's groundwater and/or soil contamination that the building's users, public
health and the environment will be protected from risk of vapor intrusion related to
said contamination; or
Tremont Redevelopment (#18004-14-060)
c.a plan for a vapor intrusion mitigation system, approved in writing by DENR 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: ______________________________________________________________
LUR 9:None of the contaminants known to be present in the environmental media at the
Brownfields Property, including those appearing in paragraph 7 of the Agreement attached as
Exhibit A, 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 compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 10:The Brownfields Property may not be used for agriculture or grazing.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 11:The Brownfields Property may not be used as a park, greenway trail, or for sports
involving ground contact, including, but not limited to, golf, football, soccer and baseball, without
the prior written approval of DENR except in areas where at least two feet of demonstrably clean
fill, or another cover approved in writing in advance by DENR, are installed to DENR's written
satisfaction, delineated to DENR's written satisfaction as "Recreation Approved" areas on the plat
component of the Notice referenced in paragraph 19 of the Agreement attached as Exhibit A,
maintained, and left undisturbed other than through normal park, greenway, or sports use.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Tremont Redevelopment (#18004-14-060)
LUR 12: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 13: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
☐☐
Remarks: ______________________________________________________________
LUR 14:During January of each year after the year in which the Notice referenced in
paragraph 19 of the Agreement attached as Exhibit A is recorded, the owner of any part of the
st
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 environmental officials of
st
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 any soil caps installed pursuant to LUR 7 above are being 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.
______________________________________________________________
d.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 8
above are performing as designed, and whether the uses of the ground floors of any
Tremont Redevelopment (#18004-14-060)
buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
______________________________________________________________
e.if a LURU is submitted for rental units, it shall include the rent roll and enough of
each lease entered into during the previous calendar year to demonstrate
compliance with lessee notification requirements in paragraphs 20 and 21 of the
Agreement attached as Exhibit A to the Notice.
______________________________________________________________
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: _________________