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Home My WebLink About08015_Griffith Street_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Griffith Street Project #: 08015-04-060 Address: 565 Griffith Street & 536 Jetton (multiple) 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 Brownfields Property other than for residences, commercial activities and schools. For purposes of this restriction, the following definitions apply: “Residences” refers to permanent dwellings of any of the following types: single family, detached, duplex, triplex, quadriplex, attached or multifamily, manufactured home, mobile home, group home, boarding house or dormitory. “Commercial” refers to an occupation, employment, or enterprise that is carried on for profit or not for profit by the owner, lessee, or licensee. “Schools” refers to institutions, whether privately or publicly owned, providing pre-school, elementary school, middle school, junior high school, high school or college education, or daycare. ☐ 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”). ☐ 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 in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results disclose to DEQ contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur without the approval of DEQ on such conditions as DEQ 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: ______________________________________________________________ Soil, including soil underlying buildings and paved surfaces, in the area denominated “Area of Potential Soil Contamination” on the plat component of the Notice of Brownfields Property (“Notice”) may not be exposed without a minimum of ten (10) business days advance written notice to DEQ, which may choose to inspect, and may require screening or sampling for contamination in, the exposed soil. If screening or sampling discloses contamination that DEQ determines would make the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1 above even if the soil is capped, the soil may not remain exposed without the approval of DEQ on such conditions as it imposes, compliance with which shall be determined by DEQ, to make the Brownfields Property suitable for the uses specified in Land Use Restriction 1 above. Such conditions shall include, at a minimum, preparation of and compliance with plans to protect public health and the environment while the soil is exposed, and may include without limitation a requirement that soil be removed and disposed of in accordance with applicable law. Alternatively, if DEQ determines that such soil contamination would not make the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1 above if the soil is capped, DEQ may offer the option of capping the soil and perpetually maintaining the cap to DEQ’s written satisfaction, or removing and disposing of the soil in accordance with applicable law to the written satisfaction of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to particular buildings, no indoor space on the Brownfields Property may be occupied until mechanical ventilation with outdoor air is provided in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code (“Code”), or another standard approved in writing in advance by DEQ. If the choice is made to comply with the Code, then a. or b. below, depending on the building, also applies: This subparagraph applies to buildings on the Brownfields Property, as depicted on the plat component of the Notice, at the time the Notice is recorded. A professional engineer registered in North Carolina shall inspect the mechanical ventilation system and shall document any measures required to bring the system into compliance with the Code. A North Carolina heating, ventilation and air-conditioning contractor shall implement any measures documented by the professional engineer. An independent third party certified by the American Association of Balancing Contractors or the National Environmental Balancing Bureau shall perform testing, adjusting and balancing of the system when any work by the contractor is complete. Within seven (7) days after its issuance, a copy of the Certified Test and Balance Report shall be submitted to DEQ. No later than thirty (30) days prior to occupancy, the professional engineer shall provide DEQ certification under seal that possible entrances for vapors, including without limitation foundation cracks, holes in concrete floors, gaps around pipes and utility lines, major cracks in walls, sumps and floor drains, have been sealed. No later than thirty (30) days prior to occupancy, the professional engineer shall provide DEQ certification under seal that the ventilation system complies with the Code. For buildings constructed on the Brownfields Property after recordation of the Notice, within thirty (30) days following installation of mechanical ventilation a professional engineer shall provide DEQ certification that the ventilation system was installed in accordance with design specifications and complies with the Code. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned building to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the footprint of the building would fall within one hundred (100) feet of said plume, it may not be constructed without a vapor barrier system and/or mechanical or passive vapor barrier mitigation system, at DEQ’s discretion, installed in accordance with a plan approved in writing in advance by DEQ. Unperforated sheeting at least six (6) mils thick, a spray membrane liner system consisting of a material resistant to the contaminants listed in the tables appearing in “(2)” of the Notice, or another vapor barrier system may be proposed. No vapor barrier shall be approved that is not to be installed under the entire slab-on-grade foundation of the building, and sealed around any vertical pilings and other support structures underneath the slab, overlapped, and taped, glued or otherwise stabilized, so as to minimize air migration pathways. Within thirty (30) days following installation of the vapor barrier system and/or vapor mitigation system, DEQ shall be provided certification of proper installation under the seal of a professional engineer registered in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No basements may be constructed on the Brownfields Property until DEQ has been consulted regarding the proximity of the planned basement to the Brownfields Property’s volatile contaminant plume. If DEQ determines that the footprint of the basement would fall within one hundred (100) feet of said plume, it may construct the basement only in compliance with such conditions as DEQ may impose, which may include without limitation vapor barriers, vapor mitigation systems and mechanical ventilation. ☐ 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 the tables appearing in “(2)” of the Notice, may be used or stored at the Brownfields Property without the prior approval of DEQ , except (i) in de minimis amounts for cleaning and other routine housekeeping activities; (ii) as constituents of fuel customarily used in vehicles and landscaping equipment; and (iii) as constituents of products customarily offered for sale in retail grocery stores, drug stores, photo processing operations, retail paint and wallpaper stores and similar businesses typically operating in retail shopping centers, so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized Land Use Restrictions Update to DEQ certifying that the Notice 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: _________________