HomeMy WebLinkAbout07005_Bouligny Site_LURU Model_20170914NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Bouligny Site (Amended 6/16/2015)
Project #: 07005-03-060
Address: 2320 North Davidson 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
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646
No use other than the following may be made of the Brownfields Property: mixed-use development with industrial, commercial, retail and residential uses.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Surface water and underground water at the Brownfields Property may not be used for any purpose without the approval of the Department of Environment and Natural Resources (“DENR”) 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 Brownfields Property without prior sampling and analysis of groundwater to the satisfaction of DENR or its successor
in function in any areas proposed for such activities, and submittal of the analytical results to DENR or its successor in function. If such results disclose to DENR 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 DENR or its successor in function
on such conditions as DENR 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 Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Canceled (amended 6/16/2015)
None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in paragraph (2) of the Notice of Brownfields Property (“Notice”),
may be used or stored at the Brownfields Property without the prior approval of DENR or its successor in function, 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 approval of DENR or its
successor in function.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Canceled (amended 6/16/2015)
The Brownfields Property may not be used as a playground, or for child care centers or schools, without the approval of DENR or its successor in function. (amended 6/16/2015)
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Canceled (amended 6/16/2015)
As to all new construction and conversion of existing structures to residential, defined as those depicted on the plat component of the Notice, they may not be occupied until:
The building would be sufficiently distant from the Property’s groundwater and/or soil contamination that the building’s users, public health and the environment will be protected from
risk from vapor intrusion related to said contamination; or
Vapor mitigation measures are installed or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced be said engineer’s professional 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 be DENR in advance, including methodology(ies) for demonstrating performance of said measures.
(amended 6/16/2015)
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit or order issued by, DENR may be denied access to the Property
for purposes of conducting such assessment or remediation.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
During January of each year after the Agreement becomes effective, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update
to DENR or its successor in function, and to the chief public health and environmental officials of Mecklenburg County, certifying that the Notice remains recorded at the Mecklenburg
County Register of Deeds office, and that the land use restrictions on the Brownfields Property are being complied with and stating to the best of its actual knowledge:
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 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 or the Property during the previous
calendar year.
______________________________________________________________
Whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 11 above are performing as installed and certify they have not been modified, removed or compromised
in any way, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation system have changed, and, if so, how.
______________________________________________________________
In lieu of submissions of LURUs by particular owners, a property owners association or other entity may submit same on behalf of some or all owners of the Property, of said association
or entity.
(amended 6/16/2015)
☐ 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: _________________