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Home My WebLink About15041_Mooresville Crossroads_LURUModel_20121119NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2018 Name: Mooresville Crossroads Project #: 15041-11-049 Address: 120 Rolling Hill Road County: Iredell 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 Property other than for retail, office, and restaurant purposes, parking incident to such permitted uses, and other commercial purposes if the Department of Environmental Quality (“DEQ”) issues prior written approval. Within the meaning of this restriction, the following definitions apply: "Retail" refers to the sale of goods directly to the consumer. "Office" refers to the rendering of business or professional (including but not limited to medical) services not encompassed in "retail" or "commercial" as defined herein. "Restaurant" refers to a business that serves food. "Commercial" refers to a business enterprise. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and groundwater at the Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No use of the Property may occur unless and until it, or the portion containing coal combustion byproducts (as delineated in advance to DEQ's written satisfaction), is covered with a minimum of 12 inches of compacted soil, plus an additional six (6) inches of soil to support vegetative cover; by concrete or asphalt; or by another hard surface or cover material pre-approved in writing by DEQ. The covered area shall be maintained to DEQ's reasonable satisfaction. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Removal of any coal combustion by-products from the Property must be done in a manner that complies with all applicable rules, statutes and permits. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those appearing in Exhibit 2 to the Brownfields Agreement, may be used or stored at the Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities, or as incidental components in prepackaged materials used or sold in connection with uses permitted under the Brownfields Agreement. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used as an outdoor park or for outdoor sports of any kind without the prior written approval of DEQ, except that indoor play centers incidental to restaurants are allowed. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used as a playground, or for child care centers or schools without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Property where any existing, or subsequently installed, 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: ______________________________________________________________ Neither DEQ, nor any party conducting environmental assessment or remediation at the 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 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 Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice of Brownfields Property (“Notice”) is recorded, the owner of any part of the 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 Iredell County, certifying that, as of said January 1st, the Notice containing these land use restrictions remains recorded at the Iredell County Register of Deeds office and the LURs 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 Property in fee during the previous calendar year. ______________________________________________________________ the transferee's name, mailing address, telephone and facsimile numbers, and contact person's email address, if said owner transferred any part of the Property in fee during the previous calendar year. ______________________________________________________________ ☐ 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 Iredell 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: _________________