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Home My WebLink About17030_Carolina Sportsplex_LURUModel_2015_04_17 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: Carolina Sportsplex 13433 Dorman Rd. (multiple) Project #: County: 17030-13-060 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 Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Property other than for commercial/office, recreational, retail, food service, medical and parking purposes, including six soccer fields, a covered running track, bleachers, a playground, a two-story administrative office containing dressing rooms, retail, walk-up restaurant, medical and restroom facilities, and another small structure for concession sales and additional restroom facilities. 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. B."Recreational" refers to land parcels used for indoor and outdoor exercise-related and otherwise physically focused activities, whether active or passive, and the facilities for same, including sports-related courts and fields, playground, a covered running track and open space and greenways. C."Retail" refers to the sale of goods directly to the consumer. D."Food Services" refers to a commercial kitchen which prepares foods for walkup customer ordering. E."Medical" refers to on-site medical offices for the primary purpose of diagnosing and treating medical conditions and injuries. F."Parking" refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Carolina Sportsplex (#17030-13-060) LUR 2:Unless compliance with this Land Use Restriction is waived in writing in advance by the Department of Environment and Natural Resources (“DENR”) in relation to particular buildings, no use of the Property may occur prior to demolition of buildings on the Property depicted on the plat component of the Notice of Brownfields Property (“Notice”) referenced in paragraph 20 of the Exhibit A (aka: Brownfields Agreement) 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Physical redevelopment and use of the Property may not occur other than in accord, as determined by DENR, 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 LURs and describes redevelopment activities at the Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the 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.contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); C.plans for the proper characterization of, and, as necessary, disposal or recycling of, surface as well as debris and soils excavated during redevelopment; D.plans for active management of debris areas capped or covered by fill to maintain the cap's good condition, and to include any repairs to said cap or cover due to erosion or other means that may render the cap or cover ineffective. 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 DENR 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 DENR shall be taken. Should debris be encountered during plantings or repair of underground infrastructure this debris will be transported to a licensed off-site facility for disposal. Alternately, the debris can be transported to an off-site permitted facility for recycling. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Carolina Sportsplex (#17030-13-060) LUR 4:Groundwater at the Property may not be used for any purpose without the prior written approval of DENR, except that one on-site inactive water supply well may be used for irrigation purposes if it meets the requirements set forth in Paragraph 12 of the Exhibit A or, if the on-site inactive water supply well cannot be made suitable for use as an irrigation well, Prospective Developer may submit a plan to DENR and Mecklenburg County for review and approval to drill a new irrigation well on the Property in accordance with the procedures set forth in Paragraph 12 of the Exhibit A. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:None of the contaminants known to be present in the environmental media at the Prope1iy, including those appearing in paragraph 7 of the attached Exhibit A, may be used or stored at the Property without the prior written approval of DENR, except: A.in de minimis amounts for cleaning and other routine housekeeping and routine maintenance activities; B.in sealed, pre-packaged containers stored for distribution or sold in a retail context; C.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 DENR prior to implementation; D.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 contaminants known to be present in the environmental media at the 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 DENR prior to implementation; E.as component constituents of articles, equipment and materials used on the Property, such as in stainless steel or building materials; and/or F.except as fuel or other fluids customarily used in non-commercial vehicles, landscaping equipment and emergency generators. For the avoidance of doubt, paragraph 15.e of the Exhibit A is not intended to prevent the use, storage or other handling of any particular materials or constituents on the Property. Instead, it is intended to allow DENR to review and approve of methods and procedures for the handling of materials or constituents so as to assist DENR, if necessary, in reasonably distinguishing such materials or constituents from contamination at the Property predating the effective date of the Agreement. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Carolina Sportsplex (#17030-13-060) LUR 6:The Property may not be used for agriculture or grazing, without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:The Property may not be used for child care centers or schools without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The owner of any portion of the 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 LUR 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 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 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 Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:During January of each year after the year in which the Notice referenced in st paragraph 20 of the Exhibit A is recorded, the owner of any part of the 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 st said January 1, the Notice of Brownfields Property containing these land use restrictions Carolina Sportsplex (#17030-13-060) 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 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 Property cluing the previous calendar year. ______________________________________________________________ C.any other reporting requirements contained in the EMP, including but not limited to the condition of the area capped or covered by fill and any repairs to said cap or cover due to erosion or other means that may render the cap or cover ineffective. ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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 29129, Page 930." A copy of any such instrument shall be sent to the persons listed in Section XVI (Notices and Submissions), 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: ______________________________________________________________ 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: __________________ Carolina Sportsplex (#17030-13-060) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________