HomeMy WebLinkAbout05011_East Park Joal Realty_LURU ModelNC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: East Park – Joal Realty
Project #: 05011-01-060
Address: 1530 & 1534 Elizabeth Avenue
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
Groundwater at the Brownfields Property may not be accessed or used in any way whatsoever, whether through wells or for fountains, ponds, lakes, swimming pools or any other purpose.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No basements shall be constructed at the Brownfields Property unless they are, as determined by the Department of Environmental Quality (“DEQ”), vented in conformance with applicable
building codes.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No mining activities may be conducted on or under the Brownfields Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No activities that result in direct exposure to or removal of groundwater (for example, construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields
Property without prior sampling and analysis of groundwater to DEQ’s satisfaction in the area proposed for such activities, and submittal of the analytical results to DEQ or its successor
in function. If such results disclose contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without DEQ approval and on such
conditions as DEQ imposes, including at a minimum DEQ approval of plans and procedures to protect public health and the environment during the proposed activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No chlorinated solvents, including but not limited to those listed above, may be used or stored at the Brownfields Property without the prior approval of DEQ, except in de minimis amounts
for cleaning and other routine housekeeping activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Within seven (7) days of each anniversary of the effective date of this Agreement, the then current owner(s) of each portion of the Brownfields Property shall submit a notarized Land
Use Restrictions Update to DEQ certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds
office, and that the land use restrictions are being complied with.
☐ 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: _________________