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Home My WebLink About16022_CHT Facility_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: CHT Facility 5046 Old Pineville Road Project #: County: 16022-12-060 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 for retail, office, industrial, warehousing, and, if the Department of Environmental Quality (“DEQ”) issues prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply a.“Retail” refers to the sale of goods or services, products, or merchandise directly to the consumer including the sales of food and beverage products; b.“Office” refers to the rendering of business or professional services; c.“Industrial” refers to the assembly, fabrication, processing, storage, warehousing, and distribution of goods or materials, manufacturing or other industrial purposes; d.“Warehousing” refers to use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity; and e.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. The current micro-brewery and fitness training tenants are acceptable commercial uses of the Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ CHT Facility (#16022-12-060) LUR 2:Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:No activity that disturbs soil on the Brownfields Property in the “Area of Potential Soil Contamination” as delineated on the plat component of the Notice of Brownfields Property (“Notice”), may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ 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 DEQ 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 DEQ shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:The Prospective Developer shall conduct pre-occupancy indoor air sampling in the location of the previous soil vapor sample SSVP-3 as depicted on the plat component of the Notice, for a minimum of one additional sampling event following execution of the Brownfields Agreement (“Agreement”), unless that portion of the building is demolished. A sampling plan shall be submitted to DEQ for review and approval prior to the initial sampling event. The Prospective Developer shall submit the results of each sampling event with each Land Use Restriction update as described in paragraph 10 below. Upon receipt of data, DEQ will review data to determine if additional measures or monitoring is deemed necessary. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No building may be constructed on the Brownfields Property, defined as those depicted on the plat component of this Notice, until DEQ determines in writing that: a.it is demonstrated to DEQ’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; CHT Facility (#16022-12-060) b.it is demonstrated, pursuant to a DEQ-approved plan, and subject to DEQ’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 vapor mitigation measures, approved in writing by DEQ 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 licensed in North Carolina, 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 6:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in Exhibit 2 to the Agreement, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:Within 180 days after the effective date of the Agreement or prior to land disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The owner of any portion of the Brownfields Property where any subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. CHT Facility (#16022-12-060) In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Neither DEQ, 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 DEQ, 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 10:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, 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 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 vapor barrier and/or mitigation systems installed pursuant to LUR 5 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.the data acquired from indoor air sampling in Warehouse Building referenced in paragraph 4. above following execution of the Agreement, or until the buildings are demolished; and ______________________________________________________________ e.A joint LURU submitted for multiple owners by a duly constituted board or association shall include the name, mailing address, telephone and facsimile CHT Facility (#16022-12-060) numbers, and contact person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. 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: _________________