HomeMy WebLinkAbout09040_Wilmington Convention Center_LURU Model_20170915NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Wilmington Convention Center
Project #: 09040-05-065
Address: 525 Nutt 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
Only mixed use, in the form of a convention center, a parking deck, commercial retail establishments, restaurants, office or professional space or a hotel, may occur on the Brownfields
Property, except on those portions acceptable to the Department of Environmental Quality (“DEQ”) that may be used as a waterfront park and/or for the Wilmington Riverwalk. For purposes
of this restriction, mixed use is defined as a project characterized by three or more significant uses (such as retail, office, restaurant, hotel, convention center, entertainment,
cultural, recreational or park uses) that are mutually supporting and have a significant physical and functional integration of project components which are developed in conformance
with a plan for the project.
☐ 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 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 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 sampling 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 legal approval
of plans and procedures to protect public health and the environment during the proposed activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
In the areas denominated “Contaminated Soil" on the plat component of the Notice of Brownfields Property (“Notice”), any and all asphalt or concrete covers must be maintained in good
repair to the satisfaction of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No soil may be excavated or removed from the areas denominated “Contaminated Soil,” on the plat component of the Notice, without a minimum of seven (7) business days advance written
notice to, and the written approval of, DEQ, unless DEQ states otherwise in writing in advance.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
No soil may be excavated or removed outside the areas denominated “Contaminated Soil,” on the plat component of the Notice, without a minimum of seven (7) business days advance written
notice to DEQ. At the time such soil is exposed, DEQ may inspect and sample, or require sampling of, the exposed soil for contaminants. This restriction does not apply to the area
denominated “1999 excavation area” on the plat component of the Notice. If previously unknown 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 requires shall be removed and disposed of in accordance with
applicable law, and any other actions that DEQ requires to make the Brownfields Property suitable for the uses specified in the Brownfields Agreement while fully protecting public
health and the environment shall be taken. If soil contamination is discovered that DEQ determines would not contaminate groundwater if capped, or pose an imminent threat to public
health or the
environment if exposed, as much soil as DEQ requires shall be removed and disposed of in accordance with applicable law or capped.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Soil, landscaping and contours at the Brownfields Property may not be removed without the prior written approval of DEQ except for mowing and pruning of above-ground vegetation or replacement
of small bushes and small trees.
☐ 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 basements may be constructed on the Brownfields Property unless they are, as determined in writing 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 the tables at paragraphs (2)a. and (2)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 and other routine housekeeping activities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Except for portions of the Brownfields Property acceptable to DEQ that may be used as a waterfront park and/or the Wilmington Riverwalk, 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 prior written 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, with outdoor use areas.
☐ 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: ______________________________________________________________
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 remains recorded at the New Hanover County Register of Deeds office, that the land use restrictions are being complied with, and that, in the
areas denominated “Soil Contamination” on the plat component of the Notice, any and all asphalt or concrete covers have been inspected at least quarterly and are 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: _________________