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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name:
Locomotive & Railcar Maintenance Address:
1336 & 1320 South Graham Street
Facility (LRMF)
Project #: County:
18044-14-060 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 redevelopment
for industrial uses, specifically for the Charlotte Locomotive and Railcar Maintenance Facility.
For purposes of this restriction, the following definitions apply:
a.Industrial defined as the assembly, fabrication, processing, warehousing or
distribution of goods or materials; and
b.Operations and maintenance facility refers to the vehicles, parking, and equipment
used to support the routine storage and servicing of rail cars as part of the operating
routine. Allowed activities may include, the inspection, cleaning, maintenance, and
repair of rail cars, storage of out of service rail cars and to other activities directly
related to the rail operation and maintenance. The facility may include parking for
railroad employees and related service providers, as well as storage buildings and
service areas pertinent to the operating routine.
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
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
Form revised: 8-1-2016
LRMF (#18044-14-060) LUR Update
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;
b.issues related to potential sources of contamination referenced in paragraph 7 and
8 and Exhibit 2 of Exhibit A (Exhibit A aka “Agreement”);
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 3:Within 90 days after each one-year anniversary of the effective date of the
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 on the Brownfields Property in accordance with Section V: Work to
be Performed;
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: ______________________________________________________________
LUR 4:No activity that disturbs soil on the Brownfields Property unless in accordance
with EMP in previous LUR 2 above, 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
LRMF (#18044-14-060) LUR Update
deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
paragraph 1 above while fully protecting public health and the environment, except:
a.in connection with landscape planting to depths not exceeding 6 inches;
b.mowing and pruning of above-ground vegetation and;
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.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5:Groundwater and Surface water at the Brownfields 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 6:No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property, may be occupied 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
b.the building is or would be sufficiently distant from the Brownfields 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
☐☐
LRMF (#18044-14-060) LUR Update
Remarks: ______________________________________________________________
LUR 7:None of the contaminants known to be present in the environmental media at the
Brownfields 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
Brownfields Property, may be used or stored at the Brownfields Property without the prior written
approval of DEQ, except:
a.in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
b.in fluids in vehicles;
c.as constituents of products and materials customarily used and stored in railway
environments, provided such products and materials are used, stored, in original
retail packaging and disposed of in accordance with applicable laws;
d.in de minimis quantities for railcar maintenance, service, railcar wash and body
work in compliance with applicable law;
e.as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on-board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons;
f.as fuel or other fluids customarily used in vehicles, landscaping equipment and
emergency generators; and
g.in products or materials that are brought onto the Brownfields Property, kept in
their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers.
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 by the owner, its contractors,
or its tenants 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 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
LRMF (#18044-14-060) LUR Update
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 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 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
e-mail address of the owner submitting the LURU if said owner acquired any part
of the Brownfields 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
Brownfields Property during the previous calendar year;
______________________________________________________________
c.whether soil caps (hardscape materials, clean soil, stone) and landscaping required
by paragraph 4 above are being inspected and maintained to prevent erosion and/or
human exposure to contaminated soil or other media; and
______________________________________________________________
d.whether any vapor barrier and/or mitigation systems installed pursuant to paragraph
6 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: ______________________________________________________________
LUR 11:Any deed or other instrument conveying an interest in the Brownfields 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 31315, Page 617." A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit
LRMF (#18044-14-060) LUR Update
A, though financial figures related to the conveyance may be redacted. Prospective Developer may
use the following mechanisms to comply with the obligations of this paragraph: (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: ______________________________________________________________
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: _________________