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Home My WebLink About18017_3rd and Poplar_LURUModel_2016_06_13 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 rd Name: Address: 3 and Poplar 225 Poplar Street Project #: County: 18017-14-060 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 Brownfields Property other than for high density residential, office, retail, and parking uses and, subject to the Department of Environmental Quality’s (“DEQ”) prior written approval, other commercial uses. The planned redevelopment will include a high-rise building to be used for commercial purposes at the street level and on lower floors and for residential purposes on higher floors with associated parking. For purposes of this restriction, the following definitions apply: a."High Density Residential" shall mean permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and in which any property outside the dwelling structures (other than attached patio/balcony space) is usable by all residents and not privately owned as part of a particular unit, and shall include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages; b."Office" refers to the rendering of business or professional services; c."Retail" refers to the sale of goods, services, products, or merchandise directly to the consumer including the sale of food and beverage (including alcoholic beverage) products (for example and without limitation, restaurants, bars, and nightclubs); d."Parking" refers to the temporary accommodation of motor vehicles in an area designed for same; and e."Commercial'' refers to an enterprise carried on for profit or for a non-profit purpose by the owner, Jessee or licensee. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ rd 3 and Poplar (#18017-14-060) LUR 2:Groundwater 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 3:Soil disturbances must be handled in accordance with an approved Soil Management Plan including subsequent DEQ approved modifications to that plan. Notwithstanding the above, landscaping activities may be conducted on the Brownfields Property including without limitation mowing and pruning of above-ground vegetation, landscape plantings that do not exceed 18 inches in depth and, as well as 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 4:No building with residential use on the ground floor may be constructed on the Brownfields Property and no existing building with residential on the ground level, defined as those depicted on the Plat component of the Notice of Brownfields Property (“Notice”), may be occupied unless and until DEQ determines in writing that: 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 Brownfields 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 vapor mitigation measures, 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 licensed in North Carolina, 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. In compliance Out of compliance ☐☐ rd 3 and Poplar (#18017-14-060) Remarks: ______________________________________________________________ LUR 5:None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraphs 7 and 8 in Exhibit A of 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 component constituents of articles, equipment and materials used or sold in connection with uses permitted under the Brownfields Agreement (“Agreement”), such as in consumer products, stainless steel or building materials; and/or c.except as fuel or other fluids customarily used in vehicles, landscaping equipment, elevators or emergency generators. For the avoidance of doubt, this LUR 5 is not intended to prevent the use, storage or other handling of any particular materials or constituents on the Brownfields Property. Instead, it is intended to allow DEQ to review and approve of methods and procedures for the handling of materials or constituents so as to assist DEQ, if necessary, in reasonably distinguishing such materials or constituents from contamination at the Brownfields Property predating the effective date of the Agreement. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:The owner of any portion of the Brownfields Property where any DEQ-approved monitoring well is installed in the future 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: ______________________________________________________________ LUR 7: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: ______________________________________________________________ rd 3 and Poplar (#18017-14-060) LUR 8: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 any vapor barrier and/or mitigation systems installed pursuant to subparagraph 4 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 may be submitted for multiple owners by a duly constituted board or association, or another person or entity approved in advance by DEQ. Such joint LURU shall include the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the entity or person submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. ______________________________________________________________ e.LURUs submitted for rental units 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 paragraph 21 and 22 in Exhibit A of the Notice, provided that if standard form leases are used in every instance, a copy of such portions of such a standard form lease may be sent in lieu of copies of actual leases. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ rd 3 and Poplar (#18017-14-060) LUR 9: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 30815, Page 909." A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit A of the Notice, 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) in Exhibit A of the Notice; or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV in Exhibit A of the Notice. 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: _________________