HomeMy WebLinkAbout09011_Arrow Laundry and Cleaners_LURU ModelNC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Arrow Laundry & Cleaners
(Amended Oct. 20, 2014)
Project #: 09011-05-060
Address: 4701, 4733, 4735, Monroe Rd. & 2301 Shade Valley 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
No use may be made of the Brownfields Property other than for commercial, retail, residential, office and open space purposes. For purposes of this restriction, the following definitions
apply:
Commercial refers to an enterprise carried on for profit by the owner, lessee or licensee.
“Retail” refers to an activity, the principal use or purpose of which is the sale of goods, products or merchandise directly to the consumer.
“Residential” refers to use for a permanent dwelling of a single family, detached, duplex, triplex, quadraplex, attached or multifamily dwelling.
“Office” refers to a use or structure where business or professional services are conducted or rendered.
“Open space” refers to open, unobstructed land maintained in a natural or undisturbed character or improved for recreation and used for active or passive recreation, natural resource
protection, amenities and/or buffers.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
This LUR is canceled per amendment recorded at the Mecklenburg Co. Registered of Deeds office, book 29517 page 56-58 on Oct. 20, 2014.
This LUR is canceled per amendment recorded at the Mecklenburg Co. Registered of Deeds office, book 29517 page 56-58 on Oct. 20, 2014.
Surface water and underground water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”).
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
(Amended 10/20/2014) Unless compliance with this LUR is waived in writing by DEQ in advance I regard to particular activity, no activities that encounter, expose or remove groundwater
may occur on the Brownfields Property without prior sampling and analysis of groundwater to the written 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 prior written 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: ______________________________________________________________
(Amended 10/20/2014) 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 mitigation system, or other effective vapor mitigation system approved by DEQ. Within thirty (30) days following installation of the mitigation
system, DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation
and a brief narrative describing it.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
This LUR is canceled per amendment recorded at the Mecklenburg Co. Registered of Deeds office, book 29517 page 56-58 on Oct. 20, 2014.
This LUR is canceled per amendment recorded at the Mecklenburg Co. Registered of Deeds office, book 29517 page 56-58 on Oct. 20, 2014.
None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in the table at (2) of the Notice, may be used or stored at
the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
This LUR is canceled per amendment recorded at the Mecklenburg Co. Registered of Deeds office, book 29517 page 56-58 on Oct. 20, 2014.
This LUR is canceled per amendment recorded at the Mecklenburg Co. Registered of Deeds office, book 29517 page 56-58 on Oct. 20, 2014.
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 year in which 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 of Brownfields Property containing these Land Use Restrictions remains recorded at the Mecklenburg County Register of Deeds office;
the Land Use Restrictions are being complied with; and
any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 6 above are performing as designed, and the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have not changed (unless they have changed, in which case a certified update of uses shall be submitted).
☐ 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: _________________