HomeMy WebLinkAbout18006_US Postal Service_LURUModel_2016_12_20
NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name:
US Postal ServiceAddress:
117, 119, 125, 127 S. Bloodworth Street &
116, 118, 120 S. East Street
County:
Wake
Project #:
18006-14-092
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 townhouse
development with associated amenities and parking. For purposes of this restriction, the following
definitions apply:
a.“Townhouse development” refers to residential use for single-family attached
dwelling units, including hardscaped amenities and accessory structures, in which
all portions of the Brownfields Property outside of the footprint of: (a) the dwelling
structure; (b) hardscaped amenities; and (c) accessory structures, is owned by a
common homeowners association and not by individual townhouse owners;
b.“Accessory structures” refer to buildings associated with the dwelling unit(s) that
are constructed over an impermeable surface such as a concrete slab for uses such
as a parking garage or storage shed;
c.“Amenities” refers to hardscaped and landscaped courtyard and seating areas. Any
such courtyard feature shall not disturb native soil at the Brownfields Property
without prior approval from the Department of Environmental Quality (“DEQ”);
d.“Hardscaped amenities” refers to man-made, impervious features used in landscape
architecture, such as walkways, entrance areas, steps, fountains, courtyards, patios
and paths; and
e.“Parking” refers to the temporary accommodation of motor vehicles in an area
designed for same.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
Form revised: 8-1-2016
US Postal Service (#18006-14-092) LUR Update
LUR 2:Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by 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 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 of the
Brownfields Agreement (aka: Exhibit A) to the Notice of Brownfields Property
(“Notice”); 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 anniversary of the effective date of the Agreement
attached as Exhibit A to the Notice 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 in accordance with the plan required by LUR No. 2 above;
b.soil grading and cut and flll 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:Prior to the occupation of any dwelling to be constructed on the Brownfields
Property, the Brownfields Property shall be subject to a declaration of covenants, conditions, and
US Postal Service (#18006-14-092) LUR Update
restrictions, or a functionally equivalent instrument recorded, or to be recorded, in the Wake
County Public Registry (the “Declaration”), and a homeowners association, a lot owner
association, or similar entity associated with the Brownfields Property (“Property Association”)
shall be established:
a.The Declaration described above shall provide that all owners of all or part of the
Brownfields Property shall strictly comply with the terms and conditions of the
Agreement attached as Exhibit A to the Notice and the Notice.
b.For the purposes of NCGS §130A-310.35(f), which authorizes various persons to
enforce land use restrictions, the Declaration shall provide that the Property
Association is such a person so authorized by the Act to administer and enforce the
land use restrictions as an owner of land and as a person eligible for liability
protection pursuant to the Act. Further, the Declaration shall provide that the
Property Association has the authority to administer and enforce the land use
restrictions on behalf of all lot owners and members of the Property Association.
c.The Declaration shall give the Property Association the authority, to the extent
permissible under North Carolina law, to treat any violation of the terms and
conditions of the Agreement attached as Exhibit A to the Notice or of the Notice,
by any owner of any part of the Brownfields Property as a violation of the
Declaration and to undertake any and all enforcement remedies provided in the
Declaration for such a violation. The Declaration shall provide that, in the event of
a violation of the Agreement attached as Exhibit A to the Notice or of the Notice
by any owner of any part of the Brownfields Property, the Property Association
will undertake reasonable enforcement actions to correct said violation.
Furthermore, the Declaration shall specifically provide that failure by any owner of
any part of the Brownfields Property to remedy or correct such violations of the
Agreement attached as Exhibit A to the Notice and the Notice after any applicable
notice and cure periods to the reasonable satisfaction of DEQ could result in that
owner's loss of liability protection afforded by the Agreement attached as Exhibit
A to the Notice and the Act.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5:No activities that encounter, expose, remove or use groundwater (for example,
installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or
excavation activities that encounter or expose groundwater) may occur on the Brownfields
Property 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 No. 1 above while fully
protecting public health and the environment.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
US Postal Service (#18006-14-092) LUR Update
LUR 6:After conclusion of the redevelopment period referenced in LUR No. 2 above,
as determined by DEQ, no activity that disturbs soil on the Brownfields Property 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 No.1 above 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, 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 7:None of the contaminants known to be present in the environmental media at the
Brownfields Property, including those appearing in paragraph 7 of the Agreement attached as
Exhibit A to the Notice, 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 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; and/or
c.as constituents of products and materials customarily used and stored in High
Density Residential environments, provided such products and materials are stored
in original retail packaging and used and disposed of in accordance with applicable
laws.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 8:The Brownfields Property may not be used as a playground, or for child care
centers or schools, except in areas where a minimum of one foot of clean, compacted fill, or another
cover approved in writing in advance by DEQ, are installed to DEQ's written satisfaction,
delineated to DEQ's written satisfaction as “Approved for “Playground,” “Child Care Center” or
“School” areas on the plat component of the Notice, maintained, and left undisturbed other than
through normal playground, child care center or school use.
In compliance Out of compliance
☐☐
US Postal Service (#18006-14-092) LUR Update
Remarks: ______________________________________________________________
LUR 9:Within 60 days after the effective date of the Agreement attached as Exhibit A
to the Notice or prior to land disturbance activities, Prospective Developer shall abandon
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 an alternate schedule is approved by DEQ.
Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth
the procedures and results.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 10: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 Wake
County land records, Book 16539, Page 558.” 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. An owner may use the following mechanisms to comply with the
obligations of this paragraph: 1) If every deed, lease and/or rider is identical in form, the owner
may provide DEQ with copies of a form deed, lease or rider evidencing compliance with this
paragraph, in lieu of sending copies of actual, executed deeds or leases, to the persons listed in
Section XV (Notice and Submissions) of the Agreement attached as Exhibit A to the Notice; and
2) the owner may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XV of the Agreement attached as Exhibit A to the Notice.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 11:The owner of any portion of the Brownfields Property where any 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.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
US Postal Service (#18006-14-092) LUR Update
LUR 12: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 13:During January of each year after the year in which the Notice is recorded, the
Property Association as a person authorized to enforce land use restrictions under NCGS §130A-
310.35(f) as described in LUR No. 4 above shall submit a notarized Land Use Restrictions Update
st
(“LURU”) on behalf of all owners of any part of the Brownfields Property as of January 1 of that
year to DEQ, and to the chief public health and environmental officials of Wake County, certifying
st
that, as of said January 1, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Wake 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; and
______________________________________________________________
c.a description of any known violations or enforcement actions taken or planned in
order to correct violations consistent with the LURs above.
______________________________________________________________
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
US Postal Service (#18006-14-092) LUR Update
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that
the Notice of Brownfields Property remains recorded at the Wake 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: _________________