HomeMy WebLinkAbout17003_Moores Chapel (Consolidated Warehouse)_LURU Model_20171109NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made: 2017
Name: Moore’s Chapel (Consolidated Warehouse)
Project #: 17003-13-060
Address: 8300 Moore’s Chapel Road
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-residential, office, retail, industrial, parking, and, if the Department of Environmental Quality (“DEQ”) issues prior
written approval, other commercial purposes. For purposes of this restriction, the following definitions apply
“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.
“Office” refers to the rendering of business or professional services.
“Retail” refers to the sale of goods or services directly to the consumer or businesses and includes showrooms, personal service, restaurants, and bars.
“Industrial” refers to the assembly, fabrication, processing, storage, warehousing, distribution of goods or materials, manufacturing, truck distribution centers, truck and vehicle repair
or garage, wood working ships, construction companies, or other industrial purposes.
“Parking” refers to the accommodation and storage of motor vehicles in an area designed for the same.
“Commercial” refers to a business enterprise. Child care centers or adult care centers are prohibited.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
Groundwater and 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: ______________________________________________________________
No activity that disturbs soil on the Brownfields Property in the “Area of Possible Soil Contamination” as delineated on the plat component of the Notice of Brownfields Property (“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 Land Use Restriction No. 1 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 D EQ shall be taken and;
in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (“EMP”) as outlined in LUR No. 6.
☐ In compliance ☐ Out of compliance
Remarks: ______________________________________________________________
In the “Area of Possible Vapor Contamination”, defined as those depicted on the plat component of the Notice, may not be occupied 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: ______________________________________________________________
No 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, in advance, based on submittals from the building's proponent, that the building would be sufficiently distant from the Brownfields Property's groundwater
and/or soil contamination that the building's users, public health and the environment will be protected from risk from vapor intrusion related to said contamination;
vapor mitigation measures are installed 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. All vapor mitigation measures shall be installed or implemented in accordance
with a plan approved in writing by DEQ in advance, including 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 Environmental Management Plan (“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 the Brownfields Agreement (“Agreement”; aka: Exhibit A) paragraphs 7 & 8
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: ______________________________________________________________
None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Exhibit 2 to the Agreement, may be used or stored at the
Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for: cleaning, other routine housekeeping, and vehicle maintenance and service in compliance
with applicable law, though vehicle parts and tools may not be washed in solvents containing any contaminants known to be present in the environmental media at the Brownfields Property.
The owner shall ensure that any leases for the storage space or yard space contain a provision that prohibits the storage of tetrachloroethylene, trichloroethylene, cis 1,2-dichloroethylene,
1, 1-dichloroethylene, 1, 1-dichloroethane, and 1, 1, I-trichloroethane.
☐ 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 32127, Page 445.” A copy of any such instrument shall be sent to the persons listed
in Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph:
(i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ 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); or (ii) The owner conveying an interest may provide abstracts of leases,
rather than full copies of said leases, to the persons listed in Section XV.
☐ 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 (A joint LURU may be submitted for multiple owners by
a duly constituted board, association or other entity approved in advance by DEQ), 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 submitting the LURU if said owner acquired any part of the Brownfields Property
during the previous calendar year (for properties covered under a joint LURU, this portion is not required); and
______________________________________________________________
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 (for properties covered under a joint LURU, this portion is not required).
______________________________________________________________
whether any vapor mitigation measures implemented pursuant to LUR No. 4 and 5 are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor
mitigation measures have changed, and if so, how.
______________________________________________________________
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 Exhibit A in paragraphs 20 and 21 of the Agreement 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: _________________