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Home My WebLink About14010_Wesley Village II_LURUModel_2012_11_20NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Wesley Village II Project #: 14010-10-60 Address: 200 Wesley Village 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 retail, wholesale, office and entertainment purposes (and other commercial purposes if the Department of Environmental Quality [“DEQ”] issues prior written approval), as well as related contiguous parking areas and service drives, and a storm water detention pond. Definitions of several terms for purposes of this restriction follow: "Retail" refers to the sale of goods directly to the consumer. "Wholesale" refers to non-retail sales of goods. "Office" refers to the rendering of business or professional services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except for collection of storm water in the Brownfields Property’s storm water detention pond, surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property without prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur if the contamination is addressed such that DEQ determines in writing that the risk has been eliminated. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Other than in connection with lawn-mowing, soil at the Brownfields Property may not be disturbed without a soil management plan, approved in writing by DEQ in advance, the components of which shall include the following notification requirement. If soil at the Brownfields Property that may be contaminated is encountered, as evidenced by staining, odors or other reasonable indicators, (i) the then owner of the affected portion(s) of the Brownfields Property shall report the suspected contamination to DEQ immediately by telephone and email, and (ii) soil disturbance at the Brownfields Property shall cease pending DEQ's determination of any actions necessary to ensure the Brownfields Property is suitable for the uses specified in LUR 1 above and that public health and the environment are fully protected. Such actions may include assessment activities, capping of soil with building foundation materials, parking lots, sidewalks, streets or other impervious surfaces, treatment of soil in situ, disposal of soil off-site and/or other actions proposed by the owner that DEQ determines will ensure suitability and full protection. The then owner of the affected portion(s) of the Brownfields Property shall implement the actions selected by DEQ to DEQ's written satisfaction within a time period acceptable to DEQ. If DEQ concludes there are conditions under which soil disturbance may resume without jeopardizing the Brownfields Property's suitability for the uses specified in LUR 1 above and full protection of public health and the environment, such disturbance may resume in compliance with said conditions. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in paragraph 7 of the Brownfields Agreement (Exhibit A to the Notice of Brownfields Property [“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 activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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 DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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 later-installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such well 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 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: ______________________________________________________________ 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 Director of Mecklenburg County’s Land Use & Environmental Services Agency, certifying that, as of said January 1st, the Notice 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. ______________________________________________________________ ☐ 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: _________________