HomeMy WebLinkAbout17006_Southern Apartments_LURUModel_2017_01_30NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Southern Apartments
Project #: 17006-13-060
Address: 811 West Morehead Street
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 Property other than for mixed use high-density residential, retail and office purposes. For purposes of this restriction, the following definitions apply:
“Mixed-use” refers to development that combines multiple land uses.
“High-density residential” refers to use as a multi-unit residential building and related amenities which can include a swimming pool, and common area, and which specifically excludes
single family homes.”
“Retail” refers to the sale of goods, food, beverages or services directly to the consumer.
“Office” refers to the rendering of business or professional services, which includes a leasing office.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Groundwater at the Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”).
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Soil disturbances must be handled in accordance with an approved Soil Management Plan including subsequent DEQ approved modifications to that plan.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
None of the contaminants known to be present in the environmental media at the Property above applicable standards or screening levels, including those listed in Tables A and B or Exhibit
B of the Notice of the Brownfields Property (“Notice”), may be used or stored at the Property without the prior written approval of DEQ, except in de minim is amounts for cleaning and
other routine housekeeping activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Property may not be used as an outdoor park for ground contact sports of any kind without the prior written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The 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 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.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Neither DEQ, nor any party conducting environmental assessment or remediation at the 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 Property for purposes of conducting such assessment or remediation, which is to be conducted at reasonable times using reasonable efforts to minimize
interference with authorized uses of the Property, except regarding hazards DEQ deem imminent and situations DEQ determine require an emergency response.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
During January of each year after the year in which the Notice, the owner of any part of the 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 the land use restrictions are being complied with. A joint LURU may be submitted for multiple owners by a duly
constituted board or association, or another entity approved in advance by DEQ. The LURU shall include:
the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner (or board, association or approved entity) submitting the LURU if said owner
(or each of the owners on whose behalf the joint LURU is submitted) acquired any part of the Property in fee during the previous calendar year; and
______________________________________________________________
the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner (or each of the owners on whose behalf the joint LURU is submitted)
transferred any part of the Property in fee during the previous calendar year.
______________________________________________________________
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Any deed or other instrument conveying an interest in the Property executed by an owner of any interest in the 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 29186 Page 831.” A copy of any such instrument, excluding residential leases and sales agreements
for individual units in multi-unit residential buildings, and retail leases, shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures related
to the conveyance may be redacted.
☐ 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: _________________