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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name:
Harding Place AssemblageAddress:
1316, 1322, 1328 Greenwood Cliff; 1315,
1317, 1321, 1325, 1329 Harding Place
County:
Mecklenburg
Project #:
20009-16-060
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
Attn: Brownfields Program Staff
1646 Mail Service Center
Raleigh, NC 27699-1646
LUR 1:No use may be made of the Property other than for multi-family residential,
office, retail, parking, and subject to the Department of Environmental Quality’s (“DEQ”) prior
written approval, other commercial uses. For purposes of this restriction, the following definitions
apply.
a.Multi-family residential is defined as multi-unit human dwellings, such as
duplexes, triplexes, quadriplexes, condominia, or apartments. Single family homes
or units with yards are prohibited unless waived in writing by DEQ in advance.
b.Office is defined as the provision of business or professional services.
c.Retail is defmed as the sale of goods or services, products, or merchandise directly
to the consumer or businesses and includes showrooms, personal service, and the
sales of food and beverage products.
d.Parking is defined as the temporary accommodation of motor vehicles in an area
designed for same.
e.Commercial is defmed as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 2:The Property may not be used for child care, adult care centers or schools
without the prior written approval of DEQ.
In compliance Out of compliance
☐☐
Form revised: 8-1-2016
Harding Place (#20009-16-060) LUR Update
Remarks: ______________________________________________________________
LUR 3:Groundwater at the Property may not be used for any purpose without the prior
written approval of DEQ.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 4:Soil may not be removed from, or brought onto, the property without prior
sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved Environmental Management Plan (“EMP”) as outlined in Paragraph
8.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5:No activity that disturbs soil on the Property 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 Property will be suitable for the uses
specified in LUR 1 above while fully protecting public health and the environment, except:
a.Mowing and pruning of above-ground vegetation;
b.Repair of underground infrastructure; or
c.Activities in accordance with an EMP as outlined in paragraph 8.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 6:Demolition of site structures shall be conducted in accordance with all
applicable local, state, and federal 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: ______________________________________________________________
Harding Place (#20009-16-060) LUR Update
LUR 7:Not later than completion of redevelopment, the known USTs, identified in
subparagraph 7.a. of Exhibit A (Exhibit A aka “Agreement”) shall be removed. The removal plans
for these USTs, and any new ones discovered during redevelopment activities, shall be addressed
in the EMP required in paragraph 8 of Exhibit A.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 8:Physical redevelopment of the Property may not occur other than in accord, as
determined by DEQ, with an EMP approved in writing by DEQ in advance (and revised 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 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 8 of
Exhibit A;
c.contingency plans for addressing, including without limitation the testing of soil
and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators,
soil contamination); and
d.plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 9:By January 30 of each year after the effective date of the Agreement for as long
as physical redevelopment of the Property continues ( except that the fmal deadline shall fall 90
days after the conclusion of physical redevelopment), the then owner of the 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 on the Property in accordance with Section V: Work to be Performed
of Exhibit A;
b.soil grading and cut and fill actions;
Harding Place (#20009-16-060) LUR Update
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 UST, contaminated soil, water or other contaminated materials (for
example, concrete, demolition debris) from the Property (copies of all legally
required manifests shall be included).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 10:Neither DEQ, 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 DEQ, 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 11:Any deed or other instrument conveying an 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 31348, Page 833." A copy of any such instrument
shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit A, though
financial figures related to the conveyance may be redacted. If DEQ issues prior, written approval,
Prospective Developer may use the following mechanisms to comply with the obligations of this
LUR, subject to the terms and conditions that DEQ may establish in such approval: (i) If every
lease and rider is identical in form, Prospective Developer 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) of Exhibit A; or (ii)
Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the
persons listed in Section XV of Exhibit A.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Harding Place (#20009-16-060) LUR Update
LUR 12:None of the contaminants known to be present in the environmental media at the
Property, as described in Exhibit 2 of the Agreement and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Property, may be
used or stored at the Property without the prior written approval of DEQ, except:
a.in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
b.as constituents of products and materials customarily used and stored in office and
retail environments, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws; and
c.as fuel or other fluids customarily used in vehicles, landscaping equipment, and
emergency generators.
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 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 officials
st
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
email address of the owner, board, association or approved entity 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 LURU submitted for any portion of the Property that contains rental units shall
include a list of tenants and their addresses;
______________________________________________________________
d.A LURU submitted for rental units shall include the rent roll (renter/lessee's name
and address) and enough of each lease (which can be a form lease as described in
paragraph 21 of Exhibit A) entered into during the previous calendar year to
demonstrate compliance with lessee notification requirements in LUR 11 of the
Notice and paragraph 22 of Exhibit A.
e.A property owners' association or other entity may perform this LURU's duties, on
behalf of some or all owners of the Property, if said association or entity has
Harding Place (#20009-16-060) LUR Update
accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address,
telephone and facsimile numbers, and e-mail address of each owner on whose
behalf the LURU is proposed to be 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: _________________