HomeMy WebLinkAbout18052_Gelco Trailer_LURU Model_20171025NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Gelco Trailer
Project #: 18052-14-060
Address: 1906 Bancroft 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 industrial, office, retail, multi-family residential, hotel, open space, institutional, and subject to the Department of
Environmental Quality’s (“DEQ”) written approval, other commercial uses. For purposes of this restriction, the following definitions apply:
“Industrial” defined as the assembly, fabrication, processing, warehousing, storage, or distribution of goods or materials.
“Office” defined as the provision of business or professional services.
“Retail” 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 sales of food and beverage products.
“Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
“Multi-Family Residential” defined as multi-unit human dwellings, such as condominia or apartments. Single family homes, townhomes, duplexes, or other units with yards are prohibited
unless approved in writing by DEQ in advance.
“Hotel” defined as the provision of overnight lodging to customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management
and reception services.
“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.
“Institutional” defined as the use of land, buildings or structures for public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary education facilities,
or health care facilities.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The Brownfields Property may not be used for child care centers, adult 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 playgrounds, parks, or for ground-contact sports of any kind, including, but not limited to, golf, soccer, and baseball, without the prior
written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Unless compliance with this LUR is waived in writing by DEQ in advance in regard to a particular activity, no activities that encounter, expose, remove or use groundwater (for example,
installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) or surface water may occur on the
Brownfields Property 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 No. 1, above, while fully protecting public health and the environment. Prior sampling and analysis
of groundwater and surface water to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater- or surface water-related
activities proposed may only occur in compliance with any written conditions DEQ imposes. Activities 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 No. 1, above, while fully protecting public health and the environment.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
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 LUR No. 1, above, while fully protecting public
health and the environment, except:
in connection with landscape planting to depths not exceeding 24”;
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; and
that is in accordance with an Environmental Management Plan (“EMP”) as outlined in LUR No. 11., below.
☐ 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 LUR No. 11, below.
☐ 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: ______________________________________________________________
Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
The portion of the fence serving as an access control barrier along the entire bank of the intermittent drainage feature located in the southern portion of the Brownfields Property,
as depicted on the plat component of the Notice of Brownfields Property (“Notice”), or an improved or new access control barrier constructed of fencing and/or other material approved
by DEQ in writing in advance, shall be permanently maintained and annually inspected by the then owner of the Brownfields Property.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Unless compliance with this LUR is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property
depicted on the plat component of the Notice will be completed in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement
that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services.
☐ 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 the Brownfields Agreement (“Agreement”, aka: Exhibit A);
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); 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 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 the Brownfields Property 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 the 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: ______________________________________________________________
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 32147, Page 160.” A copy of any such instrument shall be sent to the persons listed
in Section XV (Notices and Submissions) of the Exhibit A, though: (i) financial figures related to the conveyance may be redacted; and (ii) such disclosure may be in accordance with
the confidentiality and trade secret provisions of the North Carolina Public Records Law (to the extent applicable). The owner conveying an interest may use the following mechanisms
to comply with the obligations of this paragraph: (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 the 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 the Exhibit A.
☐ 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 the 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 in products and materials customarily used and stored in residential, office, retail, hotel, and institutional 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 their original packaging or containers.
☐ 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 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;
______________________________________________________________
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 Brownfields Property that contains rental units shall include a list of tenants and their addresses.
______________________________________________________________
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 LUR No. 14, above, and paragraph 21 of the 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: _________________