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Home My WebLink About20019_Sinclair Refining Company_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Sinclair Refining CompanyAddress: thth 409 E. 35 St. & 436 E. 36 St. Project #: County: 20019-16-060 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 Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Brownfields Property other than for high-density residential, office, parking, restaurant, retail, and, with prior written Department of Environmental Quality (“DEQ”) approval, other commercial uses. For purposes of this restriction, the following definitions apply: a.High-Density Residential is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit, and shall include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages; b.Office is defined as the provision of business or professional services; c.Parking is defined as the temporary accommodation of motor vehicles in an area designed for the same; d.Restaurant is defined as a commercial business establishment that prepares and serves food and/or beverages to patrons; e.Retail is defined as the sale of goods, services, products, or merchandise directly to the consumer or business and includes showrooms, personal service and the sale of food and beverage (including alcoholic beverage) products. f.Commercial is defined as an enterprise carried on for profit or non-profit by the owner, lessee or licensee; In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Form revised: 8-1-2016 Sinclair Refining Company (#20019-16-060) LUR Update LUR 2:The Property may not be used for child care centers, adult care centers, or schools without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Groundwater at the Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4: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.in connection with landscape planting to depths not exceeding 36” in depth; b.mowing and pruning of above-ground vegetation; c.for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and d.activities conducted in accordance with a DEQ-approved Environmental Management Plan as described in LUR 7. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No residential use on the ground floor of any building on the Property in the area depicted on the plat component of the Notice as “Area of Potential Vapor Intrusion Concern” may occur until DEQ determines in writing that: a.the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on site assessment data or a site- specific risk assessment approved in writing by DEQ; or Sinclair Refining Company (#20019-16-060) LUR Update b.the building is or would be sufficiently distant from the Property's groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or, c.vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:Unless compliance with this LUR is waived in writing in advance by DEQ in relation to particular buildings, no redevelopment of the Property may occur prior to demolition of any or all buildings on the Property depicted on the plat component of this Notice in accordance with applicable 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: ______________________________________________________________ LUR 7:Physical redevelopment of the Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance 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 paragraphs 7 and 8 of Exhibit A (or “Agreement”); c.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil- water separators, soil contamination), including without limitation the testing of soil and groundwater; and Sinclair Refining Company (#20019-16-060) LUR Update d.plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:As part of the LUR Update described below in LUR 12 for each year following the effective date of the Agreement for as long as physical redevelopment of the Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment, except with prior DEQ approval otherwise), the then owner of the Property shall include a description of environment-related activities since the last LURU 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; 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 Property (copies of all legally required manifests shall be included). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9: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 10: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 Sinclair Refining Company (#20019-16-060) LUR Update Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book 31275, Page 163.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit A, though: (i) financial figures related to the conveyance may be redacted; and (ii) such disclosure may be in accordance with the confidentiality and trade secret provisions of the North Carolina Public Records Law (to the extent applicable). Prospective Developer may use the following mechanisms to comply with the obligations of this paragraph, subject to the terms and conditions that DEQ may establish: (a) if every lease or rider is identical in form, Prospective Developer may provide DEQ with a copy 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 (Notices and Submissions) of Exhibit A; or (b) 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: ______________________________________________________________ LUR 11:None of the contaminants known to be present in the environmental media at the Property, as described in Exhibit 2 of Exhibit A, and as may be modified as set forth in N.C.G.S. § 130A-310.33(c)(2), 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 fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators; and c.as constituents of products and materials customarily used and stored in high- density residential, office, parking, restaurant, retail and, with prior written DEQ approval, other commercial environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12: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. In addition: Sinclair Refining Company (#20019-16-060) LUR Update a.A joint LURU may be submitted for multiple owners by a duly constituted board or association, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ, and shall include the name, mailing address, telephone number, 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; b.A LURU submitted for any portion of the Property that contains rental units shall include the rent roll (including address information) and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in paragraphs 15.j and 21 of Exhibit A, provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases; and c.All LURUs shall state: i.the name, mailing address, telephone number, and contact person's e-mail address of the owner (or board, association or approved entity, if a joint LURU is submitted) submitting the LURU if said owner (or any of the owners on whose behalf the joint LURU is submitted) acquired any part of the Property during the previous calendar year; and ______________________________________________________________ ii.the transferee's name, mailing address, telephone number, and contact person's e-mail address, if said owner transferred any part of the Property during the previous calendar year. ______________________________________________________________ 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: __________________ Sinclair Refining Company (#20019-16-060) LUR Update \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________