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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
National Color Graphics 1201 Central Avenue
Project #: County:
18020-14-060 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 other than a mixed multi-unit
residential, office, and retail facility including amenity space for residents and associated parking.
For purposes of this restriction, the following definitions apply:
a.“Multi-unit residential use” 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.
b.“Office use” refers to the location at which business or professional services are
provided.
c.“Retail use” refers to the sale of goods, products, or merchandise directly to the
consumer.
d.“Amenity space” refers to a swimming pool that is constructed at an elevation
above native soil, hardscaped pool deck, courtyard, dog run, and community
gardens, subject to the restrictions of this Section.
e.“Courtyard” refers to a landscaped or hardscaped area for residents’ use for leisure
activities. Any such feature shall not disturb native soil at the Brownfields Property
without prior approval from the Department of Environment and Natural Resources
(“DENR”) and only if compliant with LUR 3.d below.
f.“Dog run” refers to an enclosed area designed to allow freedom of movement and
a play area for residents’ dogs. Any such feature shall not disturb native soil at the
Brownfields Property without prior approval from DENR and only if compliant
with LUR 3.d. and LUR 12 below.
g.“Community garden” refers to use of shared land to grow vegetables, flowers or
other crops. Any such garden shall not disturb native soil at the Brownfields
Property without prior approval from the Department of Environment and Natural
Resources (“DENR”) and only if compliant with LUR 3.d. and LUR 9 below.
National Color Graphics (#18020-14-060)
h.“Parking” 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 occupancy 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 20 of the Brownfields
Agreement (“Agreement”, aka Exhibit A) 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: ______________________________________________________________
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 attached hereto;
c.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields); and
d.a requirement for representative final grade soil sampling of any area of the
Brownfields Property that is not covered by building foundations, sidewalks, or
asphaltic or concrete parking areas and driveways to the written satisfaction of
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DENR, particularly with regards to any area to be used as a landscaped courtyard,
dog run, or community garden.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 4:Within 90 days after each one-year anniversary of the effective date of this
th
Agreement (Sept. 18) for as long as physical redevelopment of the Brownfields Property
continues (except that the final deadline shall fall 90 days after the conclusion of physical
redevelopment), 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;
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 Brownfields Property (copies of all
legally required manifests shall be included).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5: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) \[or surface water\] may occur on the
Brownfields 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 Brownfields 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: ______________________________________________________________
National Color Graphics (#18020-14-060)
LUR 6:After conclusion of the redevelopment period referenced in LUR 3 as
determined by DENR, 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 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 7:No enclosed 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 from vapor intrusion related
to said contamination; or
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 8: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 to the
Notice 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 and
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grounds maintenance activities, as components in prepackaged materials used or sold in
connection with uses permitted under the Agreement attached to the Notice as Exhibit A, or in
fuels stored above ground for use in emergency generators at locations in which releases from
these storage areas would be distinguishable with certainty from the subject contaminants from
any known release at the Brownfields Property that predates the Agreement attached to the Notice
as Exhibit A.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 9:The Brownfields Property may not be used for agriculture or grazing without
pre-approval from DENR based on additional final grade soil sampling, except for use as
community gardens planted in constructed raised beds overlying a base layer of geotextile material
and two feet of clean fill, or other cover approved in advance by DENR, placed over native soil
such that the root zones of plants do not disturb native soil.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 10:The Brownfields Property may not be used as a park or for ground contact sports
including, but not limited to, golf, football, soccer and baseball, without the prior written approval
of DENR except in areas where two feet of clean fill, or another cover approved in writing in
advance by DENR, are installed to DENR’s written satisfaction, and maintained and left
undisturbed other than through normal recreational use.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 11:The Brownfields Property may not be used as a playground, or for child care
centers or schools, except in areas where two feet of clean fill, or another cover approved in writing
in advance by DENR, are installed to DENR’s written satisfaction, and maintained and left
undisturbed other than through normal playground, child care center or school use.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
National Color Graphics (#18020-14-060)
LUR 12:The Brownfields Property may not be used for kennels, private animal pens or
dog runs, except in areas where two feet of clean fill, or another cover approved in writing in
advance by DENR, are installed to DENR’s written satisfaction, and maintained and left
undisturbed other than through normal kennel, animal pen or dog run use. This land use restriction
does not preclude legal household pets kept in compliance with law.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 13: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 land use restriction is waived in writing by DENR in advance.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 14: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.
a.15. Any deed or other instrument conveying an interest in the Brownfields Property
executed by an owner of any interest in the Brownfields Property shall contain the
following notice: “The property which is the subject of this instrument is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields
Property recorded in the Mecklenburg County land records, Book 30297, Page
780.” A copy of any such instrument shall be sent to the persons listed in Section
XVI (Notices and Submissions), though financial figures related to the conveyance
may be redacted. An owner may use the following mechanisms to comply with
the obligations of this paragraph, subject to the following terms and conditions: 1)
If every lease and/or rider is identical in form, the owner may provide DENR with
copies of a form lease or rider evidencing compliance with this paragraph, in lieu
of sending copies of actual, executed leases, to the persons listed in Section XVI
(Notice and Submissions); or 2) the owner may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVI. Instruments
which convey leasehold interests shall remain subject to the record keeping
requirements of paragraph 33 of the Agreement attached to the Notice as Exhibit
A.
In compliance Out of compliance
☐☐
National Color Graphics (#18020-14-060)
Remarks: ______________________________________________________________
LUR 15:During January of each year after the year in which the Notice referenced in
paragraph 20 of the Agreement attached to the Notice as Exhibit A is recorded, the owner of any
st
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 environmental
st
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 certifying that the land use restrictions are being complied with. In
addition to said certification of land use restriction compliance, the LURU shall provide the
following information:
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 vapor barrier and/or mitigation systems installed pursuant to LUR 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.
______________________________________________________________
d.An LURU submitted for rental units 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 LUR 15, and paragraphs 21 and 22 of the
Agreement attached to the Notice as Exhibit A.
______________________________________________________________
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
National Color Graphics (#18020-14-060)
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: _________________