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Home My WebLink About19031_Elkin Chrysler_LURUModel_2016_07_08 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Elkin Chrysler (RN) 905&925 E. Jackie Robinson Dr. Project #: County: 19031-15-032 Durham 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 hotel, institutional, office, restaurant, retail, multi-family residential, parking, and, with prior written DEQ approval, other commercial uses. For purposes of the Notice of Brownfields Property (“Notice”), the following definitions apply: a."Hotel" refers to means a building containing more than four individual rooms that provides overnight lodging and potentially dining or conference facilities along with reservation, cleaning, utilities and on-site management and reception services for paying customers; b."Institutional" refers to uses related to educational, academic, cultural, technology, research and other similar pursuits, including without limitation laboratories and similar research facilities, museums, galleries, performance spaces, and classroom or clinical educational facilities; c."Multi-family residential" refers to use of units in multi-unit buildings as permanent dwellings (either for sale or for rent); d."Office" refers to the rendering of business or professional services; e."Parking" refers to the temporary accommodation of motor vehicles in an area designed for same; f."Restaurant" refers to a business where meals are prepared and served to paying customers (including mobile restaurants such as food trucks); and g."Retail" refers to the sale of goods, products, entertainment or merchandise directly to the consumer including the sales of food and beverage (including without limitation alcoholic beverage) products. For the avoidance of doubt, each of the above-defined uses shall also be defined to include infrastructure associated with such uses. In compliance Out of compliance ☐☐ Elkin Chrysler (#19031-15-032) LUR Update Remarks: ______________________________________________________________ LUR 2:Physical redevelopment of the Brownfields 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 Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields 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 referenced in the Notice's Exhibit A; b.issues related to potential sources of contamination referenced in paragraph 7 of the Notice's 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: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 4:None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraphs 7 and 8 of the Notice's Exhibit A, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: a.in de minimis amounts for cleaning and other routine housekeeping activities; b.as component constituents of articles, equipment and materials used or sold in connection with uses permitted under the Notice's Exhibit A, such as in consumer products, stainless steel or building materials; and/or c.except as fuel or other fluids customarily used in vehicles, landscaping equipment, elevators or small quantity emergency generators. For the avoidance of doubt, this paragraph is not intended to prevent the use, storage or other handling of any particular materials or constituents on the Brownfields Property. Instead, it is Elkin Chrysler (#19031-15-032) LUR Update intended to allow DEQ to review and approve of methods and procedures for the handling of materials or constituents so as to assist DEQ, if necessary, in reasonably distinguishing such materials or constituents from contamination at the Brownfields Property predating the effective date of the Notice's Exhibit A. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:The Brownfields Property may not be used for childcare centers or schools, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:No later than 30 days after the effective date of the Notice's Exhibit A, Prospective Developer shall notify DEQ that it is ready to effect the abandonment of all groundwater 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 DEQ notifies Prospective Developer within 10 days of receiving such notification to refrain from such abandonment, Prospective Developer shall, on a schedule acceptable to DEQ, effect said abandonment and, within 30 days after doing so, provide DEQ a report, subject to DEQ approval, 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 existing, or subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair Elkin Chrysler (#19031-15-032) LUR Update 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. 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 this 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 Durham County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Durham 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; and ______________________________________________________________ b.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. ______________________________________________________________ In lieu of submissions of LURUs by particular owners, a property owners association or other entity may submit the same on behalf of some or all owners of the Brownfields Property, if said association or entity: (i) has accepted responsibility for LURU submission pursuant to a notarized instrument that includes, at a minimum, the name and mailing address, and if available, telephone and facsimile numbers and e-mail address, of each owner on whose behalf the LURU is being submitted, or is responsible for LURU submission on behalf of such owners pursuant to a condominium declaration, "covenants, conditions and restrictions" or a functionally equivalent instrument recorded in the land records of Durham County; and (h) provides, contemporaneously with submission to DEQ, a copy of each LURU submitted to each party on whose behalf it is submitted. Elkin Chrysler (#19031-15-032) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:Any deed or other instrument conveying an interest in the Brownftelds 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 Durham County land records, Book 7948, Page 427.” 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. If DEQ issues prior, written approval, an owner may use the following mechanisms to comply with the obligations of this paragraph, subject to the terms and conditions that DEQ may establish in such approval: 1) If every lease and rider is identical in form with regard to the notice required by this section 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); or (2) the owner may provide abstracts of leases or the portion of such leases as are necessary to demonstrate compliance with this paragraph, rather than full copies of said leases, to the persons listed in Section XV of this Notice's Exhibit A. 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 Durham 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: __________________ Elkin Chrysler (#19031-15-032) 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: _________________