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Home My WebLink About17027_Air Park_LURUModel_2015_04_17 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Air Park 3800 North Liberty Street Project #: County: 17027-13-034 Forsyth 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 redevelopment of the Brownfields Property for industrial, commercial/office, and post-secondary school education, and associated parking. For purposes of this restriction, the following definitions apply: a."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, and does not include schools and child care facilities. b.Post-secondary education refers to providing instruction or other learning activities for adult students and students beyond the 12th grade including classrooms, laboratories or other facilities associated therewith. c."Industrial" refers to the manufacture, assembly, fabrication, warehousing, - storage, or processing of goods or materials. d."Parking" refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Unless compliance with this LUR is waived in writing in advance by the Department of Environment and Natural Resources (“DENR”) in relation to particular buildings, no use of the Brownfields Property may occur prior to redevelopment of buildings on the Property depicted on the plat component of the Notice of Brownfields Property (“Notice”) in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. Air Park (#17027-13-034) In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Physical redevelopment of the Brownfields Property may not occur other than in accord with LUR l, and as determined by DENR, with an Environmental Management Plan 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 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: a.soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; b.the contamination referenced in paragraph 7 of the Brownfields Agreement (“Agreement”; aka: Exhibit A); c.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and d.plans for the proper characterization of, and, as necessary, disposal of soils excavated during redevelopment. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4: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:No activity that disturbs soil or groundwater may occur unless and until DENR states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DENR deems necessary to ensure the Brownfields Property will be suitable for the uses specified in LUR 1 while fully protecting public health and the environment. Notwithstanding the above, the Prospective developer may conduct landscaping activities including mowing and pruning of aboveground vegetation, landscape plantings that do not exceed 24 inches in depth, and for emergency repair of underground infrastructure, provided that DENR shall be given written notice (if only by email) of any such emergency repair no later than Air Park (#17027-13-034) the next business day, and that any related assessment and 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, defined as those not yet existing on the property as depicted on the plat component of the Notice, may be occupied until: a.DENR 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 the Brownfields Property's volatile contaminant plume; or b.vapor mitigation measures are installed or implemented to the satisfaction of 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 vapor mitigation measures shall be installed or implemented in accordance with a plan approved in writing by DENR in advance, including methodology(ies) for demonstrating performance of said measures. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:Upon completion of work in LUR 1 that provides risk assessment results to the satisfaction of DENR that support other uses in the long term, the owner of the Brownfields Property may petition DENR under provision of the Brownfields Property Reuse Act to cancel or modify the allowable uses in LUR 1 to include childcare or kindergarten through 12th grade school. DENR may allow such changes in a manner consistent with the Act provided there is a demonstration that there are no unacceptable vapor intrusion risks. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Air Park (#17027-13-034) LUR 8:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those appearing in paragraph 7 of the Agreement, may be used or stored at the Brownfields Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:The Brownfields Property may not be used as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:The Brownfields Property may not be used as a playground, or for child care centers or for schools other than post-secondary education, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Air Park (#17027-13-034) LUR 12:The owner of any portion of the Brownfields Property where any 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 13:Neither DENR, 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 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: ______________________________________________________________ LUR 14: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 DENR, and to the chief public health and st environmental officials of Forsyth County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Forsyth 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 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. ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR c. 6.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. ______________________________________________________________ In compliance Out of compliance ☐☐ Air Park (#17027-13-034) Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Forsyth 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: _________________