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Home My WebLink About09013_Mitchell's Formal Wear_LURUModel_2011_11_15NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Mitchell’s Formal Wear Project #: 09013-05-60 Address: 125 Scaleybark Road County: 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 Without prior written Department of Environmental Quality’s (“DEQ”) approval, no use may be made of the Brownfields Property other than for multi-family residential purposes, office and library purposes, grocery and other retail purposes, restaurant purposes, greenspace (assuming compliance with LUR 5 below), and related stormwater management structures, streets, parking and roadways. Within the meaning of this restriction, the following definitions apply: “Retail” refers to the sale of goods or services directly to the consumer. “Office” refers to the provision or rendering of business or professional services. “Multi-family residential” refers to duplexes, triplexes or larger multiplexes, condominia, town homes, apartments or other structures containing multiple units used as permanent human dwellings. “Greenspace” refers to open and unobstructed land used for recreation, amenities or buffers, including areas improved for active or passive recreation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building on the Brownfields Property may be constructed, nor may any building depicted on the plat component of the Notice of Brownfields Property (“Notice”) be upfitted, renovated or remodeled until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the footprint of any building proposed to be constructed would fall within 100 feet of said plume, it may not be constructed without: a vapor barrier system and/or mechanical or passive vapor mitigation system approved in writing in advance by DEQ, within 30 days after installation of which DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it; or an assessment of the risk posed by soil gas to potential users of the building that demonstrates to DEQ’s written satisfaction that no vapor measures are required. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither surface water, other than in connection with legally compliant stormwater collection and reuse techniques, nor groundwater at the Brownfields Property may be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil within the area denominated “Area of Possible Soil Contamination” on the plat component of the Notice may not be disturbed unless DEQ has been given a minimum of seven (7) business days written notice (unless a shorter period is agreed to in writing in advance by DEQ) and approved in writing a plan, including a health and safety component, for the work in connection with which soil is proposed to be disturbed, unless DEQ states otherwise in writing in advance in regard to particular soil-disturbing work. Other than the notice requirement, this restriction does not apply to soil disturbed in connection with environmental assessment or remedial work performed or authorized by DEQ. Further, unless DEQ agrees otherwise in writing in advance, no such platted area may be put to: office or other commercial use, unless and until the proponent of such use demonstrates to DEQ’s written satisfaction that concentrations of tetrachloroethylene (“PCE”) in the area’s soil do not exceed: 2.7 parts per million to a depth of two (2) feet, and 8.25 parts per million from a depth of two (2) feet to a depth to be determined by DEQ that shall not exceed 15 feet below grade. Provided, however, this subparagraph 15.d.i. does not apply to current commercial and office uses in any existing building within the Area of Possible Soil Contamination shown on the on the plat component of the Notice. multi-family residential use, unless and until the proponent of such use demonstrates to DEQ’s written satisfaction that concentrations of PCE in the area’s soil do not exceed: 0.57 parts per million to a depth of two (2) feet and 8.25 parts per million from a depth of two (2) feet to a depth to be determined by DEQ that shall not exceed 15 feet below grade. In addition to any sampling required to make the above-required demonstrations, prior to or while soil is disturbed in an affected area DEQ may inspect and sample, or require sampling of, the disturbed soil for contaminants other than PCE. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except for mowing and pruning aboveground vegetation, no landscaping of the areas denominated “Area of Possible Soil Contamination” on the plat component of the Notice may occur, nor may such areas be used for greenspace, without DEQ’s prior written approval on such conditions as DEQ imposes, including at a minimum the following: three (3) feet of clean fill, or another cover approved in writing in advance by DEQ, shall be placed to DEQ’s written satisfaction on the area to be landscaped or used for greenspace; and soil in landscaped or greenspace areas shall be maintained to DEQ’s satisfaction and shall remain undisturbed absent DEQ’s prior written approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A and B above, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: in de minimis amounts for cleaning and other routine housekeeping activities; as constituents of fuels and oils in emergency generators and other machinery, equipment and vehicles; and with respect to any portions of the Brownfields Property used for office or commercial purposes, as constituents of products customarily offered for sale in retail grocery stores, home improvement stores, hobby stores, retail paint and wall paper stores, and similar businesses that typically operate in mixed use developments, or customarily used and stored in office and commercial environments (for example, fluids in copying machines and office supplies), so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations. with respect to any portions of the Brownfields Property used for multi-family residential purposes, as constituents of products customarily used and stored in multi-family residential environments so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for horse-riding without advance written DEQ approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing or later DEQ-approved monitoring well is damaged shall be responsible for repair of such well(s) to DEQ’s written satisfaction and within a time period acceptable to DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued 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 notify at least one (1) owner of the Brownfields Property and minimize interference with authorized uses of the Brownfields Property. This provision shall not render unenforceable any agreements regarding access to the Brownfields Property on the part of the North Carolina Dry-Cleaning Solvent Cleanup Act Program. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office, the land use restrictions are being complied with, that any clean fill or other cover installed pursuant to LUR 5 above is being properly maintained, and stating: 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. ______________________________________________________________ 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. ______________________________________________________________ whether any vapor measures installed pursuant to LUR 2 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. ______________________________________________________________ For purposes of the portions of the Brownfields Property in multi-family residential use, “owner” shall mean a duly constituted owners’ association. ☐ 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: _________________