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Home My WebLink About08027_PPD Headquarters_LURU Model_20170914NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: PPD Headquarters Project #: 08027-04-065 Address: 929 North Front Street County: New Hanover 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 commercial purposes, including but not limited to office space and retail establishments. For purposes of this restriction, the following definitions apply. commercial: An occupation, employment, or enterprise carried on for profit by the owner, lessee or licensee, including, without limitation, the construction, operation, occupancy, use, maintenance, repair and expansion of Prospective Developer’s planned 400,000-square foot headquarters building. office: A use or structure where business or professional services are conducted or rendered. retail establishment: An activity the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer, including, in this instance, restaurants. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior approval of the Department of Environmental Quality (“DEQ”). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities that remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities) 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. Any water pumped from the ground shall be containerized, sampled and disposed of to DEQ’s satisfaction. If the analytical 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 legal approval of plans and procedures to protect public health and the environment during the proposed activities. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil underlying paved surfaces and buildings at the Brownfields Property may not be exposed without prior sampling and analysis of such soil to the satisfaction of DEQ, and submittal of the analytical results to DEQ. If such results disclose contamination that would, as determined by DEQ, render the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1 above, the soil may not be exposed 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 activities that would expose such soil. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil, landscaping and contours at the Brownfields Property may not be disturbed without the approval of DEQ. Mowing and other normal grounds maintenance, pruning of above-ground vegetation, and replacement and removal of small bushes and small trees, may occur without DEQ’s approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Should the planned redevelopment outside the portion of the Brownfields Property denominated “Phase I Construction” on the plat component of the Notice of Brownfields Property (“Notice”) not be initiated within five (5) years after recordation of the Notice, the then owner(s) of the areas of the Brownfields Property outside said portion shall notify DEQ in writing as to the status of redevelopment plans. If DEQ so requests, said owner(s) shall submit for DEQ’s written approval, and implement to DEQ’s written satisfaction, plans for a permanent cap overlaying soil on the undeveloped portion of the Brownfields Property. ☐ 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 below-grade construction, including without limitation basements and below-grade parking, may occur on the Brownfields Property unless the structures built are, as determined by DEQ, 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 9 of the Brownfields Agreement (“Agreement”), may be used or stored at the Brownfields Property without the prior approval of DEQ, 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 DEQ. ☐ 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 without prior written approval from DEQ. ☐ 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: ______________________________________________________________ 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 (“LURU”) to DEQ certifying that the Notice containing these land use restrictions remains recorded at the New Hanover County Register of Deeds office and that the land use restrictions are being complied with. Further, unless and until the second phase of construction planned by Prospective Developer at the time of recordation of the Notice is initiated, the then current owner of any affected portions of the Brownfields Property shall include with the LURU a notarized certification: (ii) that landscaped areas of the Brownfields Property remain vegetated and do not exhibit soil erosion; and (ii) with information regarding the date(s) and nature of any maintenance or repair work performed since the last update, that any capped areas are being maintained in good repair. ☐ 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 New Hanover 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: _________________