The URL can be used to link to this page

Home My WebLink About20005_Highland Mill Park_LURU ModelNC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Highland Park Mill Project #: 20005-16-060 Address: 1009-1115 N. Caldwell St., 1008-1128 N. Brevard St., 407-429 Belmont 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 No use may be made of the Brownfields Property other than for Multi-Family Residential (subject to LUR 2), Office, Retail, Hotel, Warehousing, Recreation, Open Space, Parking, Transit, 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” is defined as multi-unit human dwellings, such as condominia or apartments, and any related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages customary with same. Single family homes, townhomes, duplexes, or other units with yards are prohibited unless approved in writing by DEQ in advance. “Office” is defined as the provision of business or professional services. “Retail” is defined as the sale or provision of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the preparation, service, and sale of food and beverage. Dry-cleaning operations using chlorinated solvents are prohibited. “Hotel” is defined as the provision of overnight lodging to customers and associated food services, gym, reservation, cleaning, utilities, parking, and on-site hospitality, management and reception services. “Warehousing” is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity. “Recreation” is defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including studios, event spaces, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. “Open Space” is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for stormwater. “Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same. “Transit” is defined as any use for a public transportation system and network (including, without limitation, pedestrian and bicycle trails and facilities) that may be expanded or modified from time to time, including the LYNX operated by the City of Charlotte and the facilities incident or necessary for the safe, convenient, effective and efficient construction, operation, maintenance, repair and replacement of such system, including platforms, shelters, waiting areas, walkways, offices, vendor kiosks and other such improvements. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee, or licensee, and in this case includes Office, Retail, Hotel, Warehousing, Recreation, Parking, Transit, and, subject to DEQ's prior written approval, other Commercial uses. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except for Parcel 4 of the Brownfields Property (as denoted on the plat component of the Notice of Brownfields Property [“Notice”]), the Brownfields Property may not be used for Multi-Family Residential use unless and until DEQ states in writing in advance that Multi-Family Residential use may occur if carried out with any measures DEQ deems necessary to ensure that the portion of the Brownfields Property will be suitable for Multi-Family Residential use while fully protecting public health and the environment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for child care, adult care centers, or schools without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Groundwater 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 activity that disturbs soil on the Brownfields Property in an “Area of Potential Soil Contamination” as delineated on the plat component of the Notice 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 LUR 1 above while fully protecting public health and the environment, except: activities in connection with landscape planting to depths not exceeding 24 inches; mowing and pruning of above-ground vegetation; 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; activities in accordance with an Environmental Management Plan (“EMP”) as outlined in LUR 7. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use of any “Area of Potential Soil Contamination” (as delineated on the plat component of the Notice) that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas or driveways may occur until the then owner of the portion of the Brownfields Property containing the subject “Area of Potential Soil Contamination” conducts representative final grade soil sampling pursuant to a plan approved in writing by DEQ (or DEQ confirms in writing in advance that such sampling is not required). ☐ 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 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 paragraph 7 of Exhibit A (aka: Brownfields Agreement or “Agreement”), and Exhibit 2 of Exhibit A; 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 31st of each year after the effective date of Exhibit A 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 of Exhibit A; soil grading and cut and fill 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 confirmed 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: ______________________________________________________________ No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice, may be changed to residential use, 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: ______________________________________________________________ All who use and/or own the portion of the Brownfields Property delineated as “Former Dry Cleaner” on the plat component of this Notice shall comply with all restrictions applicable to such user or owner in accordance with the Notice of Dry-Cleaning Solvent Remediation recorded in Book 25843, Page 814 of the Mecklenburg County register of deeds' office. ☐ 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 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; as constituents of products and materials customarily used and stored in residential, office, retail, transit, and hotel environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; and in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in the original packaging or containers. ☐ 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: ______________________________________________________________ Neither DEQ, nor any party conducting environmental 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: ______________________________________________________________ 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 32028, Page 683.” 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; 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. ☐ 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 or 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; ______________________________________________________________ the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner or each of the owners on whose behalf the joint LURU is submitted transferred any part of the Brownfields Property during the previous calendar year; and ______________________________________________________________ whether any vapor barrier and/or mitigation systems installed pursuant to LUR 9 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. ______________________________________________________________ A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. ______________________________________________________________ LURUs submitted for any portion of the Brown fields Property that contains residential rental units shall include a list of tenants and their addresses. ______________________________________________________________ ☐ 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: _________________