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Home My WebLink About16055_Loftis - Blythe Construction_LURUModel_2017_01_30NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Loftis / Blythe Construction Project #: 16055-12-060 Address: 5600 David Cox 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 No use may be made of the Brownfields Property other than for commercial, distribution, industrial, manufacturing, office and warehouse purposes. For purposes of this restriction, the following definitions apply: "Commercial/Office" refers to land parcels used for wholesale, retail, office, entertainment or services, including those uses predominantly at street level on multi-functional structures, plus related contiguous accessory uses such as parking areas and service drives. "Distribution" refers to the process of making a product available for, use or consumption by a consumer or business user, using direct means or using indirect intermediaries. "Industrial" refers to the assembly, fabrication or processing of goods or materials. "Manufacturing" refers to the assembly, fabrication or processing of goods or materials using processes that ordinarily have greater than average impacts on the environment, that have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare , or health and safety hazards, or that otherwise do not constitute light manufacturing; or any use where the area occupied by outdoor storage of goods and material used in the assembly, fabrication, or processing exceeds 25 percent or the floor area of all buildings on the property. Specific uses may include wholesaling; manufacturing, processing and assembly of parts and products; distribution of products at wholesale; transportation terminals, and a broad variety of specialized industrial operations. "Warehousing" refers to use of a commercial building for storage of goods by manufactures, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Brownfields Property, including without limitation the grading, movement or other disturbance of soil, 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 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, the following soil and landfill methane management issues: soil management issues, including without limitation those resulting from contamination identified in the Environmental Reports; contingency plans for addressing newly discovered. potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); plans for the proper characterization of, and, as necessary, disposal of soils and landfilled materials excavated during redevelopment and post-redevelopment activities; and monitoring of methane in the landfill at former well MP-10 and adjacent land and/or hard surface areas within 100 feet for evidence of gas migration, an assessment of risk for development and migration of landfill methane. Notwithstanding the above, the Prospective Developer may conduct landscaping activities including without limitation mowing, pruning of above-ground vegetation, and landscape plantings, 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: ______________________________________________________________ The areal distribution of landfilled material at the Brownfields Property is identified and designated as 'Landfilled Area' on the plat component of the Notice of Brownfields Property (“Notice”). No buildings or impermeable surfaces may be located within the Landfilled Area without prior written approval from DEQ. If landfilled materials are disturbed during development the Prospective Developer, or any future owner, must contact DEQ and manage or dispose of the landfilled material to DEQ's satisfaction and address any potential landfill methane issues to DEQ's satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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: ______________________________________________________________ Surface water at the Brownfield Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless conducted in accordance with the Environmental Management Plan referenced in LUR 2 above, no redevelopment 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 1 above while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property until: 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 landfill methane; or landfill methane mitigation or warning (with contingent mitigation measures as needed) 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 landfill methane mitigation or warning (with contingent mitigation measures as needed) 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: ______________________________________________________________ If a building is constructed such that any portion of it is eastward of the area depicted as "68' Duke Power Easement" on the plat component of the Notice, then effective site access restriction measures in the form of permanent fencing, built in accordance with a plan approved in advance in writing by DEQ, must be installed in the area depicted as "Site Access Restriction Fencing Area'' on the plat component of the Notice within 30 days after building completion. Site access restrictions implemented in accordance with this paragraph shall be properly maintained by the current property owner. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in paragraph 7 of the Brownfields Agreement (“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: In de minimis amounts for cleaning and other routine housekeeping and routine maintenance activities; In sealed, pre-packaged containers stored for distribution or sold in a retail context; petroleum products used in the light assembly of machinery, provided the volumes of virgin and used materials stored and descriptions of their storage procedures, and written descriptions of their procedures and applications of use and disposal are reviewed and approved by DEQ prior to implementation; for non-commercial vehicle maintenance and service in compliance with applicable law (though vehicle parts and tools may not be washed in solvents containing any contaminates known to be present in the environmental media at the Brownfields Property), provided the volumes of virgin and used materials stored and descriptions of their storage procedures, and written descriptions of their procedures and applications of use and disposal are reviewed and approved by DEQ prior to implementation; as component constituents of articles, equipment and materials used on the Brownfields Property, such as in stainless steel or building materials; and/or except as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators. For the avoidance of doubt, this paragraph 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: ______________________________________________________________ The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a park or for outdoor sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ (Shown as L2) The Brownfields 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: ______________________________________________________________ The owner of any portion of the Brownfields 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: ______________________________________________________________ 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: ______________________________________________________________ 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 Mecklenburg County land records, Book 29112, Page 669." A copy of any such instrument shall be sent to the persons-listed in Section XVI (Notices and Submissions) of the Agreement, 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 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, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice 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: 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 methane gas barrier and/or mitigation systems installed pursuant to LUR 7.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. ______________________________________________________________ a summary of any maintenance performed on access restriction measures to maintain their effectiveness consistent with LUR 8. ______________________________________________________________ ☐ 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: _________________