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Home My WebLink About07018_Camden Road_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Camden Road Project #: 07018-03-060 Address: 1600 Camden Road 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 The Brownfields Property may not be used other than for commercial purposes and for an asphalt parking lot. As used herein, a commercial purpose is an occupation, employment, or enterprise that is carried on for profit by the owner, lessee or licensee. ☐ 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 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 Brownfields 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 compliance with plans and procedures, approved pursuant to applicable law, 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: ______________________________________________________________ No basements may be constructed on the Brownfields 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 Brownfields Property, including those listed in paragraph 7 of the Brownfields Agreement (“Agreement”), may be used or stored at the Brownfields Property without the prior approval of DEQ or its successor in function, except in de minimis amounts for cleaning and other routine housekeeping activities, and as constituents of fuel in vehicles at the Brownfields Property. ☐ 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 DEQ or its successor in function. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or schools. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels, private animal pens or horse-riding. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Beginning in January following the year in which the Notice referenced in paragraph 20 of the Agreement, is recorded, and in every January thereafter for a minimum total of five (5) years, the owner(s) of the portion(s) of the Brownfields Property containing the monitoring wells denominated MW-1 and MW-2 on the plat component of this Notice, shall effect sampling of those wells in accordance with the most current version of the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section. The samples shall be analyzed by U.S. Environmental Protection Agency Method 8260 for Volatile Organic Compounds or by any comparable method approved in advance by DEQ. A written report setting forth the procedures and results of the sampling shall be submitted with the Land Use Restrictions Update required by Land Use Restriction 12 below. Monitoring and reporting shall continue beyond five (5) years unless and until DEQ determines in writing that contaminant levels are remaining steady or decreasing. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after recordation of this Notice, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update (“LURU”) 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, that the land use restrictions are being complied with, and that impervious surfaces at the Brownfields Property are being maintained such that they are continuing to function as caps. Affected landowners shall submit with each LURU the report required by Land Use Restriction 11 above unless and until DEQ terminates the requirement. ☐ 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: _________________