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Home My WebLink About18059_White Flowers_LURUModel_2015_08_18 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 th Name: Address: White Flowers 1905 East 7 Street (multiple) Project #: County: 18059-14-060 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 Property other than for High-Density Residential, Commercial, Office, Retail, and Open Space (subject to LUR 1.E. and LUR 11 below). For purposes of this restriction, the following definitions apply: a.“High-Density Residential” refers to permanent residential units that share common walls, together with ancillary uses, 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.“Commercial” refers to a form of development subject to a variety of commercial and industrial uses, open space, and buffers, in which flexibility is given to the project planning by allowing for the specific land uses to be determined as the market need arises. c.“Office” refers to the rendering of business or professional services. d.“Retail” refers to an activity the principal use or purpose of which is the sale of goods, products, merchandise, or services directly to the consumer or businesses. e.“Open Space” refers to land used for recreation, natural resource protection, amenities, greenways, and/or buffers, and includes areas that are open and unobstructed, maintained in a natural or undisturbed character, or improved for active or passive recreation. Open Space approved for this Property is that shown on the survey plat (Exhibit B to the Notice). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ White Flowers (#18059-14-060) LUR 2:Unless compliance with this LUR is waived in writing in advance by DENR in relation to particular buildings, no use of the Property may occur prior to demolition of buildings on the Property depicted on the plat component of the Notice of Brownfields Property (Exhibit B) 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 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 (if applicable)), 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. For purposes of this paragraph, “physical redevelopment” shall be defined to include new building construction and the demolition and reconstruction of the improvements on the Property. “Physical redevelopment” shall not include activities that do not affect soil, groundwater, or possible vapor intrusion on the Property, such as interior remodeling, exterior aesthetic improvements not affecting soil or groundwater, and parking lot improvements not affecting soil or groundwater. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:Groundwater at the Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No activity that disturbs soil or groundwater 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 subparagraph 1 above while fully protecting public health and the environment, except in connection with mowing and pruning of above-ground vegetation, landscape plantings that do not exceed 18 inches in depth, and for emergency repair of underground infrastructure, provided that DENR shall be given written notice (if only by email) White Flowers (#18059-14-060) of any such emergency repair no later than next business day, and that any related assessment and remedial measures required by DENR shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No building may be constructed on the Property and no existing building, defined as those depicted on the plat component (Exhibit B) of the Notice of Brownfields Property (“Notice”), may be occupied until: a.DENR determines in writing, based on submittals from the building’s proponent, that the building’s users, and public health and the environment, would not be at risk from the Property’s volatile contaminant plume; 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 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 the Exhibit A to the Notice, 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 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 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: ______________________________________________________________ White Flowers (#18059-14-060) LUR 8:The Property may not be used for agriculture or grazing, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Property may not be used as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Property may not be used for playgrounds, child care centers, or schools, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Property may not be used for Open Space 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 (or it is demonstrated to DENR’s written satisfaction that no such cover is necessary) and delineated to DENR’s written satisfaction as “Approved for Open Space” on the plat component of the Notice (Exhibit B). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ White Flowers (#18059-14-060) LUR 12: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 13: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 14: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 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. 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 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 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.A joint LURU submitted for multiple owners by a duly constituted board or association shall include the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the entity submitting the joint White Flowers (#18059-14-060) LURU as well as for each of the owners on whose behalf the joint LURU is submitted. ______________________________________________________________ d.LURU’s submitted for any portion of the Property that contains rental units shall include a list of tenants and their addresses. ______________________________________________________________ e.Whether any vapor barrier and/or mitigation systems installed pursuant to LUR 6.b. 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: ______________________________________________________________ LUR 15:Any deed or other instrument conveying an interest in the Property executed by an owner of any interest in the 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 30178, Page 958.” Leases of the Property shall also state that a copy of the Agreement is available from the landlord for review upon request. A copy of any instrument containing the notice required by this paragraph shall be sent to the persons listed in Section XVI (Notices and Submissions) of the Exhibit A to the Notice, though financial figures related to the conveyance may be redacted. In connection with leases of the Property, if a standard form lease is used in every instance, a copy of it may be sent in lieu of copies of actual leases if it is sent at least 30 days before its first use and the first use of any materially revised version of it. 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: __________________ White Flowers (#18059-14-060) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________