HomeMy WebLinkAbout10009_Ferguson Enterprises_LURU Model_20170918NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Ferguson Enterprises
Project #: 10009-06-060
Address: 101 West Tremont Ave.
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
As limited by the other land use restrictions and the following definitions, no use may be made of the Brownfields Property other than for residential, retail, office and, with prior
written Department of Environmental Quality (“DEQ”) approval, other commercial purposes.
“Retail” refers to the sale of goods, products or merchandise directly to the consumer.
“Commercial” refers to an enterprise carried on for profit (or not for profit with prior written DEQ approval) by the owner, lessee or licensee.
“Residential” refers to use for a permanent dwelling of a single family, detached, duplex, triplex, quadraplex, attached or multifamily dwelling.
“Office” refers to the rendering of business or professional services.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
[Section intentionally left blank.]
No building on the Brownfields Property may be occupied by residents or businesses without, subject to advance written DEQ approval, a vapor barrier system and/or mechanical or passive
vapor mitigation system, unless DEQ waives this requirement in writing in
advance in regard to particular buildings. Within thirty (30) days following installation of the barrier 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: ______________________________________________________________
No activities that remove, use or may encounter groundwater or surface water (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction
or excavation activities that may encounter water) 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 (absent prior written
waiver of this requirement by DEQ in regard to particular basements).
☐ 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 Table A 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.
☐ 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 to DEQ certifying that:
the Notice 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 3 above are being maintained such that they are in good condition, uncompromised and intact, 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: _________________