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Home My WebLink About20062_Belton Street Homes_LURU Model_20170922NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Belton Street Homes Project #: 20062-16-060 Address: 300-400 Belton St. (multiple) 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 Multi-Family Residential, Single Family Residential, Office, Retail, Open Space, Recreation, and, subject to the Department of Environmental Quality’s (“DEQ”) prior written approval, other Commercial uses. For purposes of this restriction, the following definitions apply: “Multi-Family Residential” defined as multi-unit human dwellings, such as duplexes, triplexes, quadraplexes, townhomes, condominia, or apartments. “Single-Family Residential” defined as permanent dwellings on an individually owned lot designed for residence by one family. “Office” defined as the provision of business or professional services. “Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and sales of food and beverage products. For the purposes of this Notice, retail excludes use as a dry cleaner using chlorinated solvents. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for stormwater. “Recreation” defined as indoor and outdoor exercise-related, physically focused, or leisure related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee, or licensee. For the purposes of the Notice of Brownfields Property (“Notice”), this excludes dry cleaners using chlorinated solvents. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater at the Brownfields Property may not be used or exposed for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant stormwater collection and reuse techniques, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No occupancy of the Brownfields Property for the uses defined in Land Use Restriction 1 may occur until a work plan for the installation and sampling of a soil gas monitoring point is approved by DEQ. The work plan will include, at a minimum, details on schedule and methodology for installation and sampling of a permanent soil gas monitoring point to be placed at an up gradient location on the Brownfields Property. The soil gas monitoring point will be sampled for tetrachloroethylene and degradation products (trichloroethylene, 1, 1- dichloroethylene, and vinyl chloride) within one month after monitoring point installation and then annually. At the completion of the third annual sampling event, a request to terminate future annual sampling may be submitted to DEQ that includes the public health rationale for such termination. Should the data collected from this soil gas point indicate exposures at the Brownfields Property that raises the risk to public health or the environment beyond an acceptable range and in a manner or to a degree not anticipated in Exhibit A to the Notice, DEQ may require that the then owner(s) re-evaluate that risk for areas potentially subject to said risk and conduct any actions DEQ deems necessary to reduce said risk to make the Brownfields Property suitable for the uses authorized in Land Use Restriction 1 while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 5. Unless this land use restriction is waived by DEQ in writing based on final grade soil sampling (or based on confirmation that no such sampling is required) pursuant to Land Use Restriction 7, no activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in Land Use Restriction 1 above while fully protecting public health and the environment, except: in connection with landscape planting to depths not exceeding 24 inches; mowing and pruning of above-ground vegetation; for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; or in accordance with an Environmental Management Plan (“EMP”) as outlined in Land Use Restriction 9. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in Land Use Restriction 9. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No occupancy of the Brownfields Property for the uses defined in Land Use Restriction l may occur after redevelopment until the then owner of the Brownfields Property conducts representative final grade soil sampling of any area of the Brownfields Property that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways pursuant to a plan or EMP approved in writing by DEQ (or DEQ confirms in writing that such sampling is not required). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No enclosed building may be constructed and occupied on the Brownfields Property until DEQ determines in writing that: the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment approved in writing by DEQ; or the building is or would be sufficiently distant from the Brownfields Property's groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance of said measures. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; issues related to potential sources of contamination referenced in Exhibit 2 of Exhibit A to the Notice; contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., underground storage tanks, drums, septic drain fields, oil-water separators, soil contamination), including without limitation the testing of soil and groundwater; and plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ By January 31 of each year after the effective date of the Brownfields Agreement for as long as physical redevelopment of the Brownfields Property continues ( except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of any portion of the Brownfields Property undergoing redevelopment shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: actions taken on the Brownfields Property in accordance with Section V: Work to be Performed in Exhibit A of the Notice; soil grading and cut and fil1 actions; methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confinned to be contaminated with regulated substances; and removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ, nor any party conducting environmenta1 assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of Exhibit A to the Notice and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; as fuel or other fluids customarily used in vehicles, landscaping equipment, and emergency generators; and as constituents of products and materials customarily used and stored in residential, office, or retail environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this land use restriction is waived in writing by DEQ in advance. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book 31740, Page 480.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of Exhibit A, though financial figures related to the conveyance may be redacted. The following mechanisms may be used to comply with the obligations of this paragraph, subject to the terms and conditions that DEQ may establish in such approval: (i) If every lease and rider is identical in form, DEQ may be provided with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions) of Exhibit A to the Notice; or (ii) abstracts of leases, rather than full copies of said leases, may be provided to the persons listed in Section XV of Exhibit A to the Notice. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, 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, board, association, or approved entity submitting the LURU if said owner or each of the owners on whose behalf the joint LURU is submitted acquired any part of the Brownfields Property during the previous calendar year; ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 8 above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how; and ______________________________________________________________ a report providing and evaluating the data acquired from annual soil vapor sampling in accordance with Land Use Restriction 4 above. ______________________________________________________________ A property owners' association or other entity may perform this LURU's duties, on behalf of some or all owners of the Brown fields Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes, at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted. ______________________________________________________________ A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in Land Use Restriction 14 and paragraph 22 of Exhibit A provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases. ______________________________________________________________ ☐ 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: _________________