17057_Market Street Storage_LURUModel_2016_04_25

NC BROWNFIELDS

LAND USE RESTRICTIONS (“LUR”) UPDATE

Year Certification Made:2017

Name: Address:
Market Street Storage 3939 W. Market Street
Project #: County:
17057-13-041 Guilford

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 as a self-storage
facility, and other retail, commercial, or light industrial uses with associated parking, landscaped
areas, and walkways that comply with all other land use restrictions below. Residential and those
uses in which members of sensitive populations frequent, such as children or the elderly, including
but not limited to, schools, day care centers, and senior citizen facilities are prohibited. For
purposes of this restriction, the following definitions apply:

a."Self-storage facility" refers to the short-term or long-term rental or leasing of
storage space for the storage of personal effects, household goods, equipment, and
other non-hazardous materials by consumers and businesses that is in compliance
with all other aspects of the agreement attached as Exhibit A to this Notice.

b."Retail" refers to the sale of goods, products, or merchandise directly to the
consumer;

c."Commercial" refers to a business enterprise, excluding those that are frequented
by sensitive populations including but not limited to children, disabled or infirm,
or senior populations; and

d."Light industrial" refers to the assembly, fabrication, processing, warehousing or
distribution of goods or materials, using processes that do not create noise, smoke,
fumes, odors, glare, or health or safety hazards outdoors.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 2:Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by the Department of Environmental Quality (“DEQ”), with an
Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised

Market Street Storage (#17057-13-041)
to DEQ'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 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 the
Brownfields Agreement, attached to the Notice of Brownfields Property as Exhibit
A; and

c.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields).

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 3:Within 90 days after each one-year anniversary of the effective date of the
Brownfields Agreement 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 DEQ a report subject to
written DEQ 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 No. 2 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: ______________________________________________________________

Market Street Storage (#17057-13-041)

LUR 4:Unless compliance with this LUR is waived in writing by DEQ in advance in
regard to particular activity, 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 5:No activity that disturbs soil on the Brownfields Property as noted on the plat
component of the Notice of Brownfields Property as required in paragraph 20 of the Brownfields
Agreement, attached to the Notice of Brownfields Property as Exhibit A, 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 No. 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 6:No building may be constructed on the Brownfields Property unless and 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;

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 a vapor intrusion mitigation system, 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 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
☐☐

Market Street Storage (#17057-13-041)

Remarks: ______________________________________________________________

LUR 7:None of the contaminants known to be present in the environmental media at the
Brownfields Property, including those appearing in paragraph 7 of the Brownfields Agreement,
attached to the Notice of Brownfields Property as Exhibit A, 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 and grounds maintenance activities, or as components
of fuel products contained within vehicles that are stored at the Brownfields Property, and at only
those locations in which releases from these storage areas would be distinguishable with certainty
from the subject contaminants from any known release at the property that predates the
Brownfields Agreement.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 8:The Brownfields Property may not be used for agriculture or grazing.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 9:Within 60 days after the effective date of the Agreement, the owner of the
Property shall abandon monitoring wells, injection wells, recovery wells, piezometers and other
man-made points of groundwater access at the 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 owner of the Property shall provide DEQ a report, setting forth
the procedures and results.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 10:The owner of any portion of the Brownfields Property where any existing, or
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 LUR is waived in writing by DEQ in advance.

In compliance Out of compliance
☐☐

Market Street Storage (#17057-13-041)

Remarks: ______________________________________________________________

LUR 11: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 12: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 Guilford County land records, Book, 191, Page
37." A copy of any such instrument shall be sent to the persons listed in Section XV (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: 1) The owner may
provide DEQ 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 XV (Notice and
Submissions); and (ii) the owner may provide abstracts of leases, rather than full copies of said
leases, to the persons listed in Section XV.

In compliance Out of compliance
☐☐

Remarks: ______________________________________________________________

LUR 13: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 Guilford County, certifying that, as of said January 1, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Guilford County Register
of Deeds office and certifying 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;
______________________________________________________________

Market Street Storage (#17057-13-041)

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; and
______________________________________________________________

c.whether any vapor barrier and/or mitigation systems installed pursuant to LUR No.
6.c. 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.
______________________________________________________________

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 Guilford 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: _________________