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Home My WebLink About15019_Norfolk Southern Intermodal Facility_LURUModel_2014_12_15 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Norfolk Southern Intermodal Facility1815 North Brevard Street Project #: County: 15019-11-060 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 Brownfields Property other than for industrial, office, parking, retail, and, if the Department of Environment and Natural Resources (“DENR”) issues prior written approval, other commercial purposes, and transportation, including CATS LYNX BLE project. The current BLE project plan includes two light rail passenger stations, a light rail car storage yard, and an operations and maintenance facility with office space. For purposes of this restriction, the following definitions apply: a."Industrial" refers to the assembly, fabrication or processing of goods or materials. b."Office" refers to the rendering of business or professional services. c."Parking" refers to the temporary accommodation of vehicles in an area designated for same. d."Retail" refers to the sale of goods, products, or merchandise directly to the consumer. e."Commercial" refers to a business enterprise carried on for profit by the owner, lessee, or licensee. Child care centers, adult care center, or schools are prohibited. f."Light rail passenger station" refers to a facility where passenger trains stop to load and unload passengers and related services. Adjacent areas may be provided for passenger and employee parking, pickup, and drop off. g."Light rail car storage yard" refers to light rail tracks situated off of the main light rail corridor and used to store and service light rail cars as part of the operating routine. Activities may include inspection, cleaning, maintenance, and light repair of light rail cars, storage of out of service light rail cars and other activities directly related to the light rail car storage area. h."Operations and maintenance facility" refers to the vehicles, parking, and equipment used to support the routine storage and servicing of light rail cars as part of the operating routine. Allowed activities may include, the inspection, cleaning, maintenance, and repair of light rail cars, storage of out of service light rail cars and to other activities directly related to the light rail operation and maintenance. The Form revised: 8-1-2016 Highland Mill #3 – North Brevard (#20037-16-060) LUR Update facility may include parking for transit employees and related service providers, as well as storage buildings and service areas pertinent to the operating routine. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Physical redevelopment of the Brownfields Property may not occur other than in accordance with an Environmental Management Plan (“EMP”) approved in writing by DENR in advance (and revised to DENR's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions. The EMP 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 any contamination identified during testing and redevelopment; and b.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Within 90 days after each one-year anniversary of the effective date of the Brownfields Agreement 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 DENR a report, subject to written DENR 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 above; 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 Brownfields Property (copies of all legally required manifests shall be included). In compliance Out of compliance ☐☐ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update Remarks: ______________________________________________________________ LUR 4:Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:During physical redevelopment, soil on the Brownfields Property may not be disturbed except in accordance with the plan required by LUR 2 above. After the conclusion of the physical redevelopment as determined by DENR, no activity that disturbs the soil on the Brownfields Property may occur unless and until DENR states in writing, in advance of the proposed activity, that said activity is carried out along with any measures DENR deems necessary to ensure the Brownfields Property is suitable for the uses specified in LUR 1 above while fully protecting public health and the environment provided, however, that advance DENR approval is not required in connection with soil disturbance to a depth not exceeding 18 inches, mowing, pruning and planting of above ground vegetation, and for emergency repair of underground infrastructure, provided that DENR shall be given written notice (if only by e-mail) of any such emergency repair no later than the next business day, and that any related assessment of remedial measures required by DENR shall be taken. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property, may be occupied until: a.DENR determines in writing that the building's users, and public health and the environment, would not be at risk from any volatile contaminant plume; or b.DENR approves in writing vapor mitigation measures for the building. If this option is selected, the building may not be used until the measures are installed and operating to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's seal in a submittal to DENR, and photographs illustrating the installation and a brief narrative describing it are submitted to DENR and deemed satisfactory in writing by that agency. Highland Mill #3 – North Brevard (#20037-16-060) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:None of the contaminants discovered at the Brownfields Property pursuant to environmental testing required by LUR 2 and 5 above or otherwise, may be used or stored at the Brownfields Property without the prior written approval of DENR, except in amounts for light rail vehicle maintenance and service in compliance with applicable laws and in de minimis amounts for cleaning and other routine housekeeping activities. Any such use or storage must be in accordance with a plan, approved in writing in advance by DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DENR-approved monitoring well is damaged shall be responsible for repair of any such wells to DENR's written satisfaction and within a time period acceptable to DENR, unless compliance with this Land Use Restriction is waived in writing by DENR in advance. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Neither DENR, 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 DENR, 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: ______________________________________________________________ Highland Mill #3 – North Brevard (#20037-16-060) LUR Update LUR 10: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 Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said st 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 LUR 6 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. 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 County Register of \[Enter County\] 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: ______________________. Highland Mill #3 – North Brevard (#20037-16-060) LUR Update Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________