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Home My WebLink About09029_Cannon Village_LURU Model_20170915NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Cannon Village Project #: 09029-05-013 Address: 1 Lake Circle Drive (multiple) County: Cabarrus and Rowan 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 mixed use, in the form of a campus devoted to health, nutrition, agricultural and other research that may encompass business offices, laboratory facilities, medical clinics and offices, biogenic contract-manufacturing activities, educational facilities, research and development facilities, a math and science high school, government offices, retail shops, a hotel and conference center, a wellness center, restaurants, residences (subject to Land Use Restriction 2 below), entertainment and cultural activities, walking trails, bike paths, parks and green space, a central energy facility, utilities and parking. For purposes of this restriction: “mixed use” means a project that includes three (3) or more significant revenue-producing uses (from among those uses set forth above) that are mutually supporting and whose project components are physically and functionally integrated and developed in conformance with a property-wide plan; and “central energy facility” means a facility that will contain equipment to provide the following services for itself and other facilities on the Brownfields Property: emergency power generation, cooling through an underground loop containing chilled water, heating and hot water through an underground loop, and information technology, together with related services and infrastructure. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No residential use of the Brownfields Property may occur without the Department of Environmental Quality (“DEQ”) prior written approval on such conditions as DEQ imposes, except (subject to Land Use Restriction 5. below) the hotel use referenced in Land Use Restriction 1. above and on the second or higher story of structures containing non-residential uses on the first floor. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use or redevelopment may occur of the 2.16 acres denominated “Former Curb Motorsports Site” on the plat component of the Notice of Brownfields Property (“Notice”), without prior sampling that DEQ deems satisfactory in writing and that DEQ determines in writing in advance demonstrates, together with any mitigation and/or remediation that DEQ requires, that the subject portion of the Brownfields Property is suitable for the proposed use or redevelopment, while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance, no use other than for a parking deck may occur of the area denominated “Water Vault” on the plat component of the Notice, without prior sampling that DEQ deems satisfactory in writing and that DEQ determines in writing in advance demonstrates, together with any mitigation and/or remediation that DEQ requires, that the subject portion of the Brownfields Property is suitable for another proposed use, while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Within the area(s) designated as “Groundwater-Influenced Soil Vapor Zone” on the plat component of the Notice, no building may be constructed until DEQ has been consulted regarding the proximity of the planned building to any volatile organic compound plume reflected in the most recent sampling results reasonably available to DEQ. If DEQ determines that the footprint of a building proposed to be constructed on the Brownfields Property would fall within one hundred (100) feet of such a plume, it may not be constructed until Prospective Developer: a. installs a vapor barrier system and/or mechanical or passive vapor mitigation system based on the sampling results referenced above and approved in writing by DEQ; or b. prepares an assessment of the risk posed by plume-related soil gas that demonstrates to DEQ’s written satisfaction that neither a vapor barrier nor mitigation system is required. Within thirty 30 days following installation of any vapor barrier system and/or mechanical or passive vapor mitigation system required by this subparagraph, 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, only after which may the building be used. DEQ’s UST Section retains any jurisdiction it possesses over the matters addressed in this subparagraph. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Brownfields Property may not be used for any purpose without the prior written approval of 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 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 the applicable North Carolina 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: ______________________________________________________________ Within the area(s) denominated “Soil Restrictions” on the plat component of the Notice, soil at a depth greater than five (5) feet may not be exposed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. If soil contamination is discovered that DEQ determines would likely contaminate groundwater even if capped, or that may pose an imminent threat to public health or the environment if exposed, as much soil as DEQ reasonably requires shall be removed and disposed of in accordance with applicable law, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not likely contaminate groundwater if capped, or likely pose an imminent threat to public health or the environment if exposed, Prospective Developer shall have the option, in relation to as much soil as DEQ reasonably requires, of removing and disposing of said soil in accordance with applicable law, or leaving said soil in place under such conditions as DEQ imposes. ☐ 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: ______________________________________________________________ Within the area(s) designated “Groundwater-Influenced Soil Vapor Zone” on the plat component of the Notice, no basements may be constructed on the Brownfields Property unless they are 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 above in Tables A and B 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, other routine housekeeping and maintenance activities and in offices; and as constituents of fuel (e.g., for support vehicles or backup generators) and in maintenance supplies, medical clinics and laboratory supplies and chemicals. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for grazing, timbering or timber production without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for horse-riding without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except for child care establishments in the buildings designated “Existing University of North Carolina at Chapel Hill Building” and “Existing North Carolina State University Building” on the plat component of the Notice, and child care establishments on the second or higher story of structures containing non-residential uses on the first floor, the Brownfields Property may not be used as a playground or for child care establishments without the prior written approval of DEQ on such conditions as DEQ imposes. For purposes of this restriction, “playground” means an exterior area in contact with surface soil that is designed for and equipped with facilities for children to engage in physical activity. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing or later DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. ☐ 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, provided that such party shall use reasonable efforts to minimize interference with legal operations on the Brownfields Property. ☐ 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 (“LURU”) to DEQ certifying that the Notice remains recorded at the Cabarrus and Rowan County Register of Deeds offices and that the Land Use Restrictions are being complied with, and stating: the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. Insert information: ______________________________________________________________ the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. Insert information: ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 5. above are serving the function for which they were installed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how: ______________________________________________________________ In lieu of submissions of LURUs by particular owners, a property owners association or other entity may submit same on behalf of some or all owners of the Brownfields Property, if said association or entity: has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes, at a minimum, the name and mailing address, and if available, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is being submitted; or is responsible for submission of the LURU on behalf of such owners pursuant to a condominium declaration, “covenants, conditions and restrictions” or a functionally equivalent instrument recorded in the land records of Cabarrus County or Rowan County, as applicable. ☐ 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 Cabarrus and Rowan 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: _________________