HomeMy WebLinkAbout11009_Rea Asphalt_LURU Model_20170918NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2018
Name: Rea Asphalt Plant and Addition
Project #: 10002-06-060 & 11009-07-060
Address: 2701 Youngblood 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 office, retail and other commercial purposes, and residential purposes, along with ancillary uses such as parking, roadways,
open space and storm water management, all as limited by these Land Use Restrictions. For purposes of this Land Use Restriction, the following definitions apply:
“Commercial” refers to an enterprise carried on for profit by the owner, lessee or licensee, including showrooms (rooms where merchandise or samples are displayed), live/work units (places
used by occupants as both a dwelling and place of work), artists' lofts (factory lofts converted to artists’ workrooms and living areas) and related arts and crafts uses, and health
clubs and fitness centers.
“Office” refers to the provision or rendering of business or professional services.
“Retail” refers to an activity, the principal use or purpose of which is the sale of goods, products, or merchandise directly to the consumer.
“Residential” refers to use for a permanent dwelling of a single family, detached, duplex, triplex, quadriplex, attached or multifamily dwelling, and to hotel use.
☐ 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 the building would fall within one hundred (100) 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. With
DEQ’s prior written approval, additional investigation activities including, without limitation, soil gas samples, performed to DEQ’s written satisfaction, may be conducted, and installation
of a mitigation system possibly excused, so long as the proponent makes a written commitment to install a mitigation system if DEQ so requires based on review of a report of the investigation
activities.
☐ 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 the groundwater table appearing at (2)a. 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: ______________________________________________________________
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, except in areas where two feet of clean
fill, or another cover that meets with DEQ's advance written approval, are installed to DEQ’s written satisfaction, and delineated to DEQ’s written satisfaction as “Recreation Approved”
areas on the plat component of the Notice.
☐ 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, except in areas where two feet of clean fill, or another cover that meets with DEQ's advance
written approval, are installed to DEQ’s written satisfaction, and delineated to DEQ’s written satisfaction as “Approved for ______________” (“Playground,” “Child Care Center” or “School”)
areas on the plat component of the Notice.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property may not be used for kennels, private animal pens or horse-riding, except in areas where two feet of clean fill, or another cover that meets with DEQ's advance
written approval, are installed to DEQ’s written satisfaction, and delineated to DEQ’s written satisfaction as “Approved for ______________” (“Kennel,” “Private Animal Pen” or “Horse-Riding”)
areas on the plat component of the Notice. This provision does not preclude legal household pets kept in compliance with law.
☐ 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: ______________________________________________________________
The owner of any portion of the Brownfields Property where any existing or later DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written
satisfaction and within a time period acceptable 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 of Brownfields Property containing these Land Use Restrictions 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 2 above 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).
______________________________________________________________
a certification that the geotextile liner and clean fill referenced in paragraph 5.a. of the Amended Brownfields Agreement are being properly maintained.
______________________________________________________________
Alternatively, the obligations of this Land Use Restriction may be discharged on behalf of some or all owners by an owners’ association that demonstrates, to DEQ’s written satisfaction
in advance, its identity and its authority to act as agent for such owners.
☐ 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: _________________