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Home My WebLink About09060_Camden Square 2nd Amendment_LURU Model_20170915NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Camden Square Second Amendment Project #: 09060-05-060 Address: W. Worthington, Doggett & Hawkins St. 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 water supply wells may be installed or used at the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining activities may be conducted on the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activities which result in direct exposure to, use of, or removal of groundwater (for example, construction or excavation activities which encounter or expose groundwater) may be conducted on the Brownfields Property without prior sampling and analysis of groundwater in the area where activities are to be conducted, provision of the analytical results to the Department Environmental Quality (“DEQ”) or its successor in function along with plans and procedures to protect public health and the environment during those activities, and approval of those activities by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No fountains, ponds, lakes, or other items which are supplied, in whole or in part, by groundwater may be constructed on the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ On the land denominated “Second Amendment Property” on the plat component of the Notice of Brownfields Property (“Notice”), no use may occur other than for residential, office, studio, or retail use. For purposes of this restriction, the following definitions apply: Residential: Use for a permanent dwelling of any single family, detached, duplex, triplex, quadraplex, attached or multifamily dwelling; any townhome or condominium; any manufactured home; any mobile home; any group home; any boarding house or any dormitory. Office: A place where business or professional services are conducted or rendered. Studio: A place where ideas, and plans and designs for implementation and/or production of those ideas, are developed. Retail: A place, the principle use or purpose of which is the sale of goods, products, or merchandise directly to the consumer. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ On the land denominated “Second Amendment Property” on the plat component of the Notice, no slab-on-grade building may be constructed without a vapor barrier system and/or mechanical or passive vapor barrier mitigation system, at DEQ’s discretion installed in accordance with a plan approved in writing in advance by DEQ. Unperforated sheeting at least six (6) mils thick, a spray membrane liner system consisting of a material resistant to the contaminants listed in paragraph 2.b. of the Brownfields Agreement (“Agreement”), or another vapor barrier system may be proposed. No vapor barrier shall be approved that is not to be installed under the entire slab-on-grade foundation of the building, and sealed around any necessary penetrations, such as plumbing, utility chases, vertical pilings and other support structures underneath the slab, and overlapped, and taped, glued or otherwise stabilized, so as to minimize air migration pathways. Within thirty (30) days after installation of the vapor barrier system and/or vapor mitigation system, a professional engineer registered in North Carolina shall provide DEQ certification under seal of proper installation, as well as photographs illustrating the installation and a brief narrative describing it. Non-slab-on-grade construction may not occur at the subject “Second Amendment Property” without DEQ’s prior written approval, which shall be conditioned, at a minimum, on the incorporation of measures to ensure that the subject “Second Amendment Property” is suitable for the uses specified in the documents comprising the Agreement. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ On the land denominated “Second Amendment Property” on the plat component of the Notice, no building constructed may be used or occupied unless and until it is mechanically ventilated. Within thirty (30) days after installation of a mechanical ventilation system in a particular building, a professional engineer registered in North Carolina shall certify to DEQ under seal that the system was installed as designed and that it complies with the Mechanical Ventilation section of the Ventilation chapter of the North Carolina Building Code. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year commencing in 2007, the then current owner of any property subject to the Seconded Amendment or the other documents comprising the Agreement shall submit a notarized Land Use Restrictions Update to DEQ certifying that the Second Amendment Notice and the Notices recorded in connection with the other documents comprising the Agreement, remain recorded at the Mecklenburg County Register of Deeds’ office and that all the Land Use Restrictions contained in the three (3) Notices are being complied with. ☐ 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: _________________