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Home My WebLink About18045_Seneca Place Shopping Center_LURUModel_2016_04_28 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Seneca Place Shopping Center 5033 South Blvd. (RN) Project #: County: 18045-14-060 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Property other than for commercial, office, retail, and recreational. For purposes of this restriction, the following definitions apply: A."Commercial" refers to a business enterprise carried on for profit by the owner, lessee or licensee. Child care centers or adult care centers are prohibited. B.Entertainment purposes are included within this commercial business definition. C."Office" refers to the rendering of business or professional services. D."Retail" refers to the sale of goods, products, or merchandise directly to the consumer. E."Recreational" refers to any type of indoor recreational uses (e.g., basketball, dodge ball and other athletic games, bingo and other non-athletic games, club meetings) or indoor festival use, which may include food and beverage service. These activities occur in buildings and are operated on a commercial or membership basis. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Physical redevelopment of the Property may not occur other than in accord, as determined by the Department Environmental Quality (“DEQ”), with an Environmental Management Plan (“EMP”, Fill-in form) 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. In compliance Out of compliance ☐☐ Seneca Place Shopping Center (#18045-14-060) Remarks: ______________________________________________________________ LUR 3:Surface water and 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:No activity that disturbs soils on the Property (Exhibit B of the Notice of Brownfields Property \[“Notice”\]) may occur unless it is in accordance with the approved EMP. Disturbance of soils not covered under the approved EMP may not occur 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 in connection with mowing and pruning of above-ground vegetation, landscape plantings that do not exceed 18 inches in depth; and, for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair 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:No building may be constructed on the Property until either of the activities outlined in the paragraphs below (and paragraph 14.e.i. or 14.e.ii of the Exhibit A of the Notice) occur. Existing buildings, defined as those depicted on the plat component (Exhibit B) of the Notice, must also comply with either paragraphs 14.e.i. or 14.e.ii of the Exhibit A. For existing buildings compliance with paragraph 14.e.i will occur through DEQ's written approval of written reports and/or plans received by DEQ within 120 days after signing the Agreement. Compliance with 14.e.ii for existing buildings will occur within 90 days of DEQ's written approval of the reports and/or plans referenced above, if necessary as determined by DEQ. A.DEQ determines in writing, based on submittals from the building's proponent, that the building's users, and public health and the environment, would not be at risk from the Property's volatile contaminant plume; or B.Vapor mitigation measures are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal on a report that includes photographs and a description of the installation and performance of said measures. All vapor mitigation measures shall be installed or implemented in Seneca Place Shopping Center (#18045-14-060) accordance with a plan approved in writing by DEQ in advance, including methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of the Exhibit A, may be used or stored at the Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Property may not be used for agriculture or grazing, without the prior written approval of DEQ. Commercial landscaping activities are not agriculture. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Property may not be used as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Seneca Place Shopping Center (#18045-14-060) LUR 10:The owner of any portion of the Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged 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 LUR is waived in writing by DEQ in advance, provided that any such monitoring well may be abandoned with DEQ's prior written approval. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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 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 to said certification of land use restriction compliance, the LURU shall provide the following information: 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 Property during the previous calendar year (for properties covered under a joint LURU, this portion is not required); ______________________________________________________________ B.ii. 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 (for properties covered under a joint LURU, this portion is not required); and ______________________________________________________________ C.iii. Whether any vapor mitigation measures implemented pursuant to subparagraph 14.e.i or 14.e.ii of the Exhibit A are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor mitigation measures have changed, and if so, how. Seneca Place Shopping Center (#18045-14-060) ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 13:Any deed or other instrument conveying an interest in the Property executed by an owner of any 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 30731, Page 254." A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices and Submissions), though financial figures related to the conveyance may be redacted. 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: _________________