HomeMy WebLinkAbout19008_Residences at Gateway Village_LURUModel_2015_11_03NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Residences at Gateway Village
Project #: 19008-15-060
Address: W. 5th St., N. Sycamore St., W. Trade St., N. Irwin Ave.
County: 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
No use may be made of the Brownfields Property other than for multi-family residential, retail, office, and, subject to the Department of Environment and Natural Resources (“DENR’s”)
prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply.
“Multi-Family Residential” refers to multi-unit human dwellings, such as duplexes, triplexes, quadriplexes, condominia, town homes, or apartments. Single family homes are prohibited
unless waived in writing by DENR in advance
“Retail” refers to the sale of goods, products, or merchandise directly to the consumer.
“Office” refers to the rendering of business or professional services.
“Commercial” refers to a business enterprise.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Child care centers or adult care centers or schools are prohibited without written approval of DENR.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
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: ______________________________________________________________
No building other than parking garages may be constructed on the Brownfields Property unless and until DENR determines in writing that:
the building would be 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
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: ______________________________________________________________
None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit A (aka: Brownfields Agreement) paragraph 8 of
the Notice of Brownfields Property (“Notice”), 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: ______________________________________________________________
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: ______________________________________________________________
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: ______________________________________________________________
During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized
Land Use Restrictions Update (“LURU”) to DENR, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, 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:
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.
______________________________________________________________
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.
______________________________________________________________
whether any vapor barrier and/or mitigation systems installed pursuant to LUR 4 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 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: __________________
[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: _________________