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Home My WebLink About09058_Midtown Mall_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Midtown Mall Project #: 09058-05-060 Address: 401 Charlottetown Av. & 431 S. King Dr. 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, as limited by these land use restrictions, other than for retail and other commercial purposes, office, residential, institutional, parking structure and open space purposes, and for ancillary streets and driveways. 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, services or merchandise directly to the consumer, including without limitation restaurants, retail pet stores, nail and hair salons, spas, and drop-off/pick-up dry-cleaner stores that perform no dry-cleaning on-site. “Office” refers to the provision or rendering of business or professional services. “Residential” refers to use for a dwelling of a single family, detached, duplex, triplex, quadraplex, attached, multifamily dwelling or hotel. “Institutional” refers to use of land, buildings or structures for public, non-profit or quasi-public purposes, such as for churches, libraries, schools, hospitals, or government-owned or -operated buildings. “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 as a buffer, including detention facilities for stormwater drainage to the extent they are maintained in compliance with law. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Brownfields Property until the Department of Environmental Quality (“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 a building proposed to be constructed on the Brownfields Property would fall within two hundred (200) 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 barrier and/or 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: ______________________________________________________________ Groundwater 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 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: ______________________________________________________________ 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 tables a., b. and c. of paragraph (2) of the Notice of Brownfields Property (“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; as constituents of fuels customarily used in vehicles and landscaping equipment; as constituents of products customarily offered for sale in retail grocery stores, home improvement stores, hobby stores, retail paint and wall paper stores, and similar businesses that typically operate in retail shopping centers, so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations; as constituents of products customarily used in photographic processing, so long as such products are stored, used and disposed of in compliance with all applicable laws and regulations; or with respect to any portions of the Brownfields Property used for Residential purposes, as constituents of products customarily used and stored in Residential environments 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: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ 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 a reasonable attempt is made to provide written notice of the access (which may be via e-mail) and a summary of the activities to be conducted on the Brownfields Property to at least one owner of the Brownfields Property, that a reasonable attempt is made to minimize any disturbance caused by the activities, and that the Brownfields Property is reasonably restored to its prior condition within a reasonable period following completion of the activities. DEQ shall make the reasonable attempt to provide the notice of access required by this land use restriction to a duly organized association of tenants at the Brownfields Property if such association has agreed to serve in that capacity pursuant to a notarized instrument satisfactory to DEQ. ☐ 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 Mecklenburg County Register of Deeds office; there are, as of the date of the Land Use Restrictions Update, no violations of the land use restrictions on the portion of the Brownfields Property to which the Land Use Restrictions Update pertains; and any vapor barrier and/or mitigation systems installed pursuant to land use restriction b. above on the portion of the Property to which the Land Use Restrictions Update pertains 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). Alternatively, the obligations of this land use restriction may be discharged on behalf of some or all owners by an owners’ association that satisfies DEQ it is validly acting as agent for said owners, and that accepts responsibility for compliance with this subparagraph pursuant to a notarized instrument satisfactory to DEQ. ☐ 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: _________________