The URL can be used to link to this page

Home My WebLink About10015_301 Fayetteville St_LURU Model_20170918NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: 301 Fayetteville St. Project #: 10015-06-092 Address: 301 Fayetteville Street County: Wake 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 Without the Department of Environmental Quality (“DEQ”) prior written approval and as limited by the other Land Use Restrictions, no use may be made of the Brownfields Property other than for retail, office, banking/financial services, auto parking and multi-family, including condominium, residential purposes. For purposes of this restriction, the following definitions apply: “Retail” refers to the sale of goods, products or merchandise directly to the consumer. “Office” refers to the conduct or rendering of business or professional services. “Auto parking” refers to use of an area for the temporary accommodation of motor vehicles that has been designed and designated for such use. “Multi-family residential” refers to permanent dwellings, such as condominiums, townhouses, apartments, penthouses and flats, where the dwelling units are individually owned, are attached to each other and share common walls, and where the areas outside the dwelling units are commonly used but not owned by the individual dwelling unit owners. ☐ 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 use, 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: ______________________________________________________________ Soil on the Brownfields Property may not be disturbed without a minimum of seven (7) business days advance written notice to DEQ, unless DEQ states otherwise in writing in advance. At any time between DEQ’s receipt of said notice and the conclusion of soil-disturbing activities, DEQ may inspect and sample, or require sampling of, the subject soil for contaminants. If DEQ determines that soil involved would likely contaminate groundwater even if capped, or may pose an imminent threat to public health or the environment if disturbed, as much soil as DEQ reasonably requires shall be removed and disposed of, or treated, such that DEQ is satisfied the Brownfields Property is suitable for the uses specified above in Land Use Restriction 1 while fully protecting public health and the environment, and any other actions that DEQ reasonably requires to make the Brownfields Property suitable for the uses specified in the Brownfields Agreement (“Agreement”) while fully protecting public health and the environment shall be taken. If DEQ determines that the soil involved would not likely contaminate groundwater if capped, and would not likely pose an imminent threat to public health or the environment if disturbed, as much soil as DEQ reasonably requires shall be: i) removed and disposed of, or treated, such that DEQ is satisfied the Brownfields Property is suitable for the uses specified above in Land Use Restriction 1 while fully protecting public health and the environment, or ii) capped to the written satisfaction of DEQ. Any person who conducts activities pursuant to this Land Use Restriction shall, within 30 days after completion of said activities, submit to DEQ a report that fully documents the results of all assessment and remediation activities and that meets with DEQ’s written satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No child daycare activities are permitted on or beneath the ground floor of any building on the Brownfields Property. ☐ 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 (2) in 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. ☐ 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 Wake County Register of Deeds office, that the Land Use Restrictions are being complied with, and that any assessment and/or remediation reports that were required to be submitted to DEQ during the preceding year have been so 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 Land Use Restriction pursuant to a notarized instrument satisfactory to DEQ. A statement in a notarized copy of the master condominium documents for the Brownfields Property requiring the owners’ association to submit the annual Land Use Restrictions Update shall suffice. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Due care shall be exercised at the Brownfields Property with respect to regulated substances and all local, State and federal laws and regulations regarding such substances shall be complied with. All persons who own or use any portion of the Brownfields Property shall cooperate fully with any assessment and/or remediation DEQ conducts or approves at the Brownfields Property and shall not interfere with any such assessment and/or remediation. DEQ shall, to the extent it can, consistent with its responsibilities under applicable law, use reasonable efforts to minimize any interference with legal activities on the Brownfields Property caused by any such assessment and/or remediation. In the event Prospective Developer or any person who owns or uses any portion of the Brownfields Property becomes aware of any actual or threatened contamination at or emanating from the Brownfields Property, or encounters soil known to be contaminated or which exhibits characteristics that suggest it may be contaminated, or discovers a known or potential source of groundwater or soil contamination (for example, but not limited to, an orphaned underground storage tank) thereon, that person shall be responsible for immediately: taking all appropriate action to prevent, abate, or minimize such release or threat of release, or to mitigate any imminent risk to public health or the environment; and notifying the DEQ Brownfields Program of such actual or threatened contamination and complying with any applicable notification requirements under N.C.G.S. 130A-310.1 and 143-215.84, under Section 103 of CERCLA, 42 U.S.C. § 9603, and under any other law. ☐ 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 Wake 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: _________________