HomeMy WebLinkAbout07020_Rusak Property_LURU Model_20170914NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Rusak Property
Project #: 07020-03-060
Address: 3004 Bank St. & 3331 Griffith St.
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 use may be made of the Property other than as an entry plaza for the middle school planned for the adjacent parcel.
☐ 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: ______________________________________________________________
Soil, landscaping and contours at the Property may not be disturbed without the approval of DEQ or its successor in function, except for mowing, pruning, raking, mulching, weeding, seeding,
watering and fertilizing of above-ground vegetation.
☐ 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 the table above, 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 for kennels, private animal pens or horse-riding.
☐ 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 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 addition, in the corresponding years, the groundwater analytical report will be submitted for DEQ review and approval.
☐ 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: _________________