HomeMy WebLinkAbout06004_Mallard Creek_LURU Model_20170913NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Mallard Creek
Project #: 06004-02-060
Address: Mallard Creek and Driwood Court
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
With the exception of the five existing monitoring wells on the Brownfields Property required to complete ongoing environmental assessment under the direction and oversight of the Department
of Environmental Quality (“DEQ”) Underground Storage Tank Section and Division of Water Quality, no monitoring, remediation, irrigation, potable or any other wells may be installed
or used at the Brownfields Property without DEQ’s prior approval.
☐ 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 (for example, construction or excavation activities) that the owner of any portion of the Brownfields Property expects to result in exposure of groundwater may be conducted
at the Brownfields Property unless DEQ first approves the activities and said owner prevents human contact with the exposed groundwater, minimizes the volume and area of groundwater
exposed, and complies with any other conditions DEQ imposes. If said owner’s preference is to leave in place the groundwater expected to be exposed and if DEQ approves same, the conditions
imposed will include prompt covering of the exposed groundwater with at least three feet of soil. If said owner’s preference is to move the groundwater expected to be exposed
and if DEQ approves same, the conditions imposed will include containerization, sampling for waste characterization purposes, and disposal in accordance with applicable law of said groundwater
and of any soil, surface water and sediment that comes in contact with the exposed groundwater. Within thirty (30) days of any resulting disposal of groundwater, soil, surface water
and/or sediment, said owner shall submit to DEQ or its successor in function a report describing the activities that resulted in groundwater exposure, the analytical results of waste
characterization sampling, and the final disposition of groundwater, soil, surface water and/or sediment disposed of. If groundwater is exposed at the Brownfields Property without
DEQ’s prior approval, the owner of any affected portion of the Brownfields Property shall immediately inform DEQ and take any steps DEQ requires. The basis of DEQ’s decisions pursuant
to this subparagraph shall be keeping the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No basements, and no fountains, ponds, lakes, swimming pools or other items that would be supplied, in whole or in part, by groundwater may be constructed on the Brownfields Property
without the approval of DEQ. For the purpose of this restriction, basement shall mean any part of a building that is below the ground, but shall not include concrete-lined depressions
in an above-ground shop floor to facilitate manufacturing, or concrete-lined spill prevention and containment structures set below grade.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
None of the contaminants known to be present in the groundwater at the Brownfields Property -- chloroform, 1,2-dichloroethane, 1,1-dichloroethene, tetrachloroethene, benzene, diisopropyl
ether, methyl-tert-butyl ether, and C5-C8 aliphatics -- may be used or stored on the Brownfields Property, except that de minimis amounts of such contaminants, or of compounds that
contain them, may be used for cleaning or routine housekeeping and may be temporarily present incident to the delivery of permissible materials to the Brownfields Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Within one week of each anniversary of the effective date of the Brownfields Agreement, Prospective Developer shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ certifying
that the Notice of Brownfields Property remains recorded at
the Mecklenburg County Register of Deeds office and that these 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: _________________