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Home My WebLink About18057_1213 W. Morehead_LURUModel_2016_08_11 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: 1213 W. Morehead (RN)Address: 1201, 1207 & 1213 W. Morehead St. Project #: County: 18057-14-060 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 warehousing, office, commercial, hotel, retail, mini-storage units, and parking purposes. For purposes of this restriction, the following definitions apply: A."Warehousing" refers to use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity; B."Office" refers to the rendering of business or professional services. C."Commercial" refers to an enterprise carried on for profit by the owner, lessee or licensee. Restaurants are included within this definition of commercial use. D."Hotel" refers to the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities and on-site hospitality, management and reception services. E."Retail" refers to the sale of goods or services, products, or merchandise directly to the consumer including the sales of food and beverage products. F."Mini-storage" or "Self-storage" refers to a use in which storage space (such as rooms, lockers, containers, and/or outdoor space), also known as "storage units", is rented or leased to commercial or individual tenants usually on a short-term basis." G."Parking" refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ 1213 W. Morehead (#17055-13-011) LUR Update LUR 2:Physical redevelopment of the Property may not occur other than in accord, as determined by the Department of Environmental Quality (“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: A.Soil, groundwater, surface water, stream sediment, and stormwater management issues, including without limitation those resulting from contamination identified in the Environmental Reports; B.Potential sources of the contamination referenced in paragraph 8 of the attached Exhibit A; C.Methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; D.Contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and; E.Plans for the proper characterization of, and, as necessary, disposal of soils excavated during redevelopment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3: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 soil or groundwater 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 Brownfields Property will be suitable for the uses specified in LUR 1.a. above while fully protecting public health and the environment. Notwithstanding the above, the Prospective Developer may conduct landscaping activities including mowing and pruning of aboveground vegetation, landscape plantings that do not exceed 24 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 ☐☐ 1213 W. Morehead (#17055-13-011) LUR Update Remarks: ______________________________________________________________ LUR 5:No building may be constructed on the Property, defined as those not yet existing on the property as depicted on the plat component of the Notice of Brownfields Property, may be occupied until: 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 or implemented 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 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 5 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 or in fluid in vehicles. 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. 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 to limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. In compliance Out of compliance ☐☐ 1213 W. Morehead (#17055-13-011) LUR Update 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: ______________________________________________________________ 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 Land Use Restriction is waived in writing by DEQ in advance. 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 of Brownfields st Property is recorded, the 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 st and environmental 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. In addition to said certification of land use restriction compliance, the LURU shall provide the following information: 1213 W. Morehead (#17055-13-011) LUR Update 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.Whether any vapor barrier and/or mitigation systems installed pursuant to LUR 5.B. 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. ______________________________________________________________ D.A joint LURU submitted for multiple owners by a duly constituted board or association shall include the name, mailing address, telephone and facsimile numbers, 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; ______________________________________________________________ E.LRU's submitted for rental units shall include the rent roll (renter/leasee's name, contact information, telephone number, and email address \[if available\]) 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 the Brownfields Agreement, as referenced in paragraph 21 of the Exhibit A. ______________________________________________________________ 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 __ , Page __ ." 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, and such disclosure may be made subject to the confidentiality and trade secret provisions of the North Carolina Public Records Law (to the extent applicable). In connection with residential and commercial leases of the Property, if standard form leases are used in every instance, copies of them may be sent in lieu of copies of actual leases if they are sent at least 30 days before their first use and the first use of any materially revised versions of them. 1213 W. Morehead (#17055-13-011) LUR Update 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: _________________