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Home My WebLink About18053_University Boulevard_LURUModel_2016_12_20 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: University BoulevardAddress: 7307 University City Boulevard Project #: County: 18053-14-060 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 Property other than for a storage unit rental business including office space and associated 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.“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee. b.“Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. c.“Storage Units” refers to spaces that are rented on a short- or long-term basis by consumers and businesses for the storage of personal effects, household goods, equipment and other nonhazardous materials that are in compliance with all other aspects of this Agreement. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Physical redevelopment of the Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan 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: Form revised: 8-1-2016 University Boulevard (#18053-14-060) LUR Update a.soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports referenced in paragraph 5 of Exhibit A (aka: Brownfields Agreement); b.issues related to potential sources of contamination referenced in paragraph 8 of 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: ______________________________________________________________ st LUR 3:By January 31 after each one-year anniversary of the effective date of the Brownfields Agreement (“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), 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 in accordance with the plan required by LUR 2; 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 4:Surface water 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 5:No activities that encounter, expose, remove or use ground water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or University Boulevard (#18053-14-060) LUR Update excavation activities that encounter or expose ground water) may occur on the Property without prior sampling and analysis of ground water to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina's ground water quality standards, the proposed activities may not occur without the prior written approval of DEQ on such conditions as DEQ imposes including, at a minimum, compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the proposed activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No activities that encounter, expose, remove or beneficially use waste materials from the Brownfields Property as delineated on the plat component of the Notice of Brownfields Property referenced in paragraph 20. of the Agreement (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose waste material) may occur on the Property without prior DEQ approval of a written activities plan that provides details as to the procedures for encountering and disposition of the waste material, closure of the construction area, and as appropriate, the sampling and analysis of the waste material. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Property must be maintained at all times to protect the integrity of the cover of the Property including maintaining vegetative or other sufficient cover to prevent erosion, making timely repairs to erosion rills and maintaining properly graded slopes to prevent standing water on the property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:Soils at the Property may not be disturbed 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 while fully protecting public health and the environment, except in connection with: de minimis soil removals to depths not exceeding 18 inches, mowing and pruning of above-ground vegetation, and 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. University Boulevard (#18053-14-060) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Unless demonstrated by documentation approved by DEQ that a minimum of two (2) feet of compacted, demonstrably clean fill soil, or other suitable cover, overlays the Property, 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 10:Without prior written DEQ approval, the Property may not be used for: a.agriculture, grazing, timbering or timber production; b.playground, child care centers, senior care centers or schools; or c.kennels, private animal pens or horse-riding. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:No building may be constructed on the Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 20. Of Exhibit A, may be occupied until: a.it is demonstrated to DEQ's written satisfaction through a site-specific risk assessment that the building is protective of the building's users, public health and the environment from risk of vapor intrusion; b.it is demonstrated, pursuant to a DEQ approved plan, and subject to DEQ's approval, that the building would be or is sufficiently distant from the Property's groundwater and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or c.a plan for a vapor intrusion mitigation system, approved in writing by DEQ in advance and including a proposed performance assessment for demonstration of the system's protection of the building's users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer as reflected by an implementation report, bearing the seal of said engineer, that includes photographs and a description of the installation and performance assessment of the mitigation system. University Boulevard (#18053-14-060) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12: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 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 13:Any deed or other instrument conveying an interest in the Brownfields Property executed by an owner of any 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 31251, Page 375.” 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. An owner may use the following mechanisms to comply with the obligations of this paragraph: (i) 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 (Notices and Submissions) of Exhibit A; and (ii) the owner 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 14: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: ______________________________________________________________ University Boulevard (#18053-14-060) LUR Update LUR 15: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 e-mail address of the owner 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.for LURUs submitted for rental units, the LURU shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in paragraphs 21. and 22. of Exhibit A; and ______________________________________________________________ d.whether any vapor barrier and/or mitigation systems installed pursuant to LUR 9 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: ______________________________________________________________ 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: __________________ University Boulevard (#18053-14-060) 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: _________________