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Home My WebLink About06018_East Park - Boyer_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: East Park - Boyer Project #: 06018-02-060 Address: 1607 & 1611 East 4th Street 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 uses other than commercial, residential, recreational and common open space may occur at the Property. Commercial use is herein defined as an occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. Residential use is herein defined as a permanent dwelling, any single family, detached, duplex, triplex, quadraplex, attached or multifamily dwelling, manufactured home, mobile home, group home, boarding house or dormitory. Recreational use may include: indoor recreation, defined as public or private health or exercise clubs, tennis or other racquet courts, swimming pools, YMCAs, YWCAs or similar uses which constitute principal uses and are enclosed in buildings and operated on a commercial or membership basis. outdoor recreation, defined as public or private golf courses, swimming pools, tennis courts, ball fields, ball courts and similar uses which are not enclosed in buildings and are operated on a commercial or membership basis, or are available for use by tenants and/or owners of rental, condominium or other residential units at the Property. common open space is herein defined as an area of open space within a development site designed and intended for the use and enjoyment of residents of the development or for the general public. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Property may not be used for any purpose without the approval of the Department of Environmental Quality (“DEQ”) or its successor in function. ☐ 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 Property without prior sampling and analysis of groundwater to the satisfaction of DEQ or its successor in function in any areas proposed for such activities, and submittal of the analytical results to DEQ or its successor in function. If such results disclose to DEQ or its successor in function contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the approval of DEQ or its successor in function on such conditions as DEQ or its successor in function imposes, including at a minimum legal approval of plans and procedures to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Property unless they are, as determined by DEQ or its successor in function, vented in conformance with applicable building codes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those listed in paragraph 7 of the Brownfields Agreement (“Agreement”), may be used or stored at the Property without the prior approval of DEQ or its successor in function, except in de minimis amounts for cleaning and other routine housekeeping activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used as a playground, or for child care centers or schools without the prior consent of DEQ or its successor in function. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ For all new residential construction and conversion of existing structures to residential use at the Property, one of the following must occur: prior sampling and analysis of soil-gas samples to the satisfaction of DEQ or its successor in function; or mechanical ventilation of each occupied space with outdoor air in conformance with the most current version of Standard 62 of the American Society of Heating, Refrigerating and AirConditioning Engineers or with U.S. EPA guidance on radon-resistant construction techniques for new residential construction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after this Notice is recorded, the then current owner of any part of the Property shall submit a notarized Land Use Restrictions Update to DEQ or its successor in function 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: _________________