The URL can be used to link to this page

Home My WebLink About10033_North College St_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: North College St. Property Project #: 10033-06-060 Address: 900 North College Street 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 other than for retail, office and other commercial purposes, and/or residential purposes. Within the meaning of this restriction, the following definitions apply: “Retail” refers to the sale of goods, products or merchandise directly to the consumer, including without limitation arts and crafts, and health clubs and fitness centers. “Office” refers to a place where business or professional services are provided. “Commercial” refers to office and retail use, and to showrooms (rooms where merchandise or samples are displayed), merchandise sales spaces and restaurants. “Residential” refers to a condominium, town home, apartment, loft unit or other multifamily structure used for human occupancy. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Underground water at the Brownfields Property may not be used for any purpose without the prior written approval of the Department of Environmental Quality (“DEQ”). ☐ 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 paragraph 8 of the Brownfields Agreement (“Agreement”), 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: ______________________________________________________________ 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 without the prior written approval of DEQ. ☐ 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, subject to any conditions DEQ imposes. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless DEQ states otherwise in writing, redevelopment activities at the Brownfields Property may not be initiated until DEQ approves in writing: a plan to excavate and dispose off-site the soil in an area along the adjoining railroad tracks extending approximately 90 feet in length, 10 feet in width and 2 feet in depth; and the implementation of that plan. The area covered by this requirement is denominated “Soil Subject to Brownfields Agreement Land Use Restriction 11” on the plat component of the Notice referenced in paragraph 17 of the Agreement. If the party proposing redevelopment prefers, that party may request DEQ’s advance written approval of a plan for installation of an engineered barrier (e.g., a parking lot) over the subject area, in which case DEQ must also approve in writing said installation. The plan shall include a health and safety component and shall require, at a minimum: soil field screening for volatile organic compounds during excavation; collection of soil samples from the bottom and side walls of the excavation and analysis of said samples for semi-volatile organic compounds by U.S. Environmental Protection Agency Method 8270; collection of a groundwater sample from the bottom of the excavation and analysis of said sample for semi-volatile organic compounds by U. S. Environmental Protection Agency Method 8270; and installation of two (2) feet of clean fill or impervious surface after the subject soil is excavated. ☐ 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 of Brownfields Property containing these Land Use Restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the Land Use Restrictions are being complied with, and stating: the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. Insert information: ______________________________________________________________ the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. Insert information: ______________________________________________________________ ☐ 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: _________________