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HomeMy WebLinkAbout20009_Harding Place_LURUModel_2016_12_20 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: _________________