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Home My WebLink About16003_West Kingston_LURUModel NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Name: Address: West Kingston 120 West Kingston Avenue Project #: County: 16003-12-060 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 high-density residential purposes, with associated automobile parking. For purposes of this restriction, the following definitions apply: a."High density residential" refers to use for a dwelling of a multi-unit building, and ancillary uses related thereto, including a swimming pool, gymnasium, movie theater, game rooms and a leasing facility. b."Parking" refers to the temporary accommodation of motor vehicles in an area designed for same. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the Property may not be used for any purpose without the prior written approval of the Department of Environment and Natural Resources (“DENR”). In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ West Kingston (#16003-12-060) LUR 3:Soil disturbances must be handled in accordance with an approved Soil Management Plan including subsequent DENR approved modifications to that plan. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No building may be constructed on the Property until DENR determines in writing that: a.the building's users, public health and the environment will be protected from risk from vapor intrusion related to the Property's volatile organic contamination; or b.vapor mitigation 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 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 5:None of the contaminants known to be present in the environmental media at the Property above applicable standards or screening levels, including those appearing in Tables A and B of Exhibit B hereto, may be used or stored at the 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 6:The Property may not be used as an outdoor park or for outdoor sports of any kind without the prior written approval of DENR. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ West Kingston (#16003-12-060) LUR 7:The Property may not be used as a playground, or 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. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:Contamination on the Property that is known to exist or is discovered prior to or during redevelopment, as defined by DENR, and that falls within the jurisdiction of DENR's Underground Storage Tank ("UST") Section, shall be addressed in accordance with the applicable provisions of law and the Guidelines of DENR's UST Section. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:Copies of all reports and correspondence relating to such contamination, including any "No Further Action" letters issued by D ENR' s UST Section, shall be submitted to the DENR contact referenced in paragraph 3 3 .a. of Exhibit A hereto within seven (7) days after the date of the report or correspondence. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11: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. West Kingston (#16003-12-060) In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 12:During January of each year after the year in which this Notice is recorded, 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 DENR, and to the chief public health and environmental officials st of Mecklenburg County, certifying that, as of said January 1, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and 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 in fee during the previous calendar year. ______________________________________________________________ b.the transferee's name, mailing address, telephone and facsimile numbers, and contact person's email address, if said owner transferred any part of the Property in fee during the previous calendar year. ______________________________________________________________ c.whether any vapor mitigation measures installed or implemented pursuant to subparagraph 4.b. above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor mitigation measures have changed, and, if so, how. ______________________________________________________________ A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DENR. Such joint LURU shall include the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. 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: __________________ West Kingston (#16003-12-060) \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] 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: _________________