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Home My WebLink About14001_ReVenture West_LURU Model_20171127NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: ReVenture West Project #: 14001-10-060 Address: 10 Southern Dyestuff County 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 Neither the Prospective Developer nor any subsequent owner or operator may use the Brownfields Property other than for the following purposes: manufacturing; power production (including thermal energy generation); alternative fuels; recycling and regeneration of materials and articles; facilities for the cleaning, refurbishing or reconditioning of articles and equipment; data centers; greenhouses (for non-human consumption); post-secondary vocational and training facilities; showroom facilities; wildlife habitat enhancement activities consistent with the “wildlife and industry together" program; utilities; agriculture for fuel production; composting; wastewater treatment; land conservation; warehousing and distribution; waste stabilization and management; materials management; research and development associated with these stated uses; and other uses approved in advance and in writing by the Department of Environmental Quality (“DEQ”), as well as all support and maintenance activities associated with each use. Some of the foregoing terms are defined as follows: “Manufacturing” refers to the assembly, fabrication or processing of goods and materials. “Power Production” refers to the generation of power, heat or fuels and may include renewable resources including wind, solar, biomass and other renewable and non-renewable processes other than atomic nuclear fission. “Research” refers to investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in light of new facts, or practical application of such new or revised theories or laws. “Data center” refers to a repository for the storage, management and dissemination of data and information. “Utilities” refers to electricity, gas, water and sewer service, including the production, conservation or utilization of these services or resources. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Except for non-potable (a) surface water drawn from the Catawba River, and (b) post-treatment effluent that would have otherwise been discharged pursuant to a permit issued by DEQ, surface water 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 activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property without prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ. If such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes. Notwithstanding the foregoing, groundwater may be extracted, injected or otherwise used at the Brownfields Property in connection with groundwater remediation activities undertaken consistent with the RCRA Part B Permit (as that term is defined in the Brownfields Agreement [“Agreement”]). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the Brownfields Property by the Prospective Developer or any future owner may not occur other than in accord with a Living Environmental Management Plan (the “Plan”), approved in writing by DEQ in advance of the redevelopment in question, that is consistent with the LURs imposed or referenced in the Notice of Brownfields Property (“Notice”) and that describes the then-currently planned redevelopment activities at the Brownfields Property, the timing of redevelopment phases, the demolition of buildings on the Brownfields Property (other than those slated for use pursuant to the DEQ-approved version of the plan referenced in this subparagraph), and health and environmental activities that are expected to arise from use of previously unused or vacant tracts or buildings or from construction or redevelopment. Consistent with the provisions of paragraph 11 of the Agreement, the owner of the Brownfields Property at the time material revisions to the Plan are proposed shall pay an additional fee for each material revision to the Plan that is reviewed by DEQ, as provided in that paragraph. The Plan shall be revised to DEQ’s written satisfaction as necessary to reflect redevelopment phases that are not already included in an approved Plan or that have changed materially since the previous approval of the Plan by DEQ. The Plan shall include, without limitation: planned soil and water management activities anticipated during the redevelopment phases covered by the Plan, including without limitation activities to handle media affected by contamination identified in the Environmental Reports; and planned activities to address potential sources of contamination identified in paragraph 8 of the Agreement that would be encountered or exposed during the redevelopment activities covered by the Plan. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Regarding buildings appearing on the plat component of the Notice, within 90 days of the date that it takes title to or a leasehold or other property interest in those buildings that are occupied as of such date, or within 90 days of building occupancy for those buildings occupied after such date, or by another date approved in writing by DEQ in advance, Prospective Developer shall either: Demonstrate to DEQ’s written satisfaction that, based on an evaluation of the building’s occupancy (for example, based on the periodic or limited nature of such occupancy), the buildings’ users will not be at an unacceptable risk of adverse health effects from volatile contaminant vapors; or Demonstrate to DEQ’s written satisfaction, through environmental sampling or through use of existing environmental data, that the buildings’ users will not be at an unacceptable risk of adverse health effects from volatile contaminant vapors; or Install or implement vapor mitigation measures to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s 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: ______________________________________________________________ No building (meaning buildings not appearing on the plat component of the Notice) or basement may be constructed on the Brownfields Property until: DEQ determines in writing, based on submittals from the building’s proponent, that the building’s users, and public health and the environment, would not be at risk from the Brownfields Property’s volatile contaminant plume; or vapor mitigation measures are installed or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s 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: ______________________________________________________________ No mining or quarrying may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances, unless conducted in accordance with (i) DEQ’s prior written approval, or (ii) a Plan approved by DEQ pursuant to LUR 4, above. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property above unrestricted use standards (whether reflected in applicable law, regulations or guidance as standards, goals or levels), including those listed in Exhibit 2 to the Agreement attached as Exhibit A to the Notice, may be used or stored at the Property without the prior written approval of DEQ, except: in de minimis quantities for cleaning and other routine housekeeping and routine maintenance activities; as component constituents of articles, equipment and materials used on the Brownfields Property, such as in stainless steel or building materials; in fluids in vehicles; 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; and/or as otherwise permitted in the Living Environmental Management Plan. For the avoidance of doubt, this LUR 8, is not intended to prevent the use, storage or other handling of any particular materials or constituents on the Brownfields Property. Instead, it is intended to allow DEQ to review and approve of methods and procedures for the handling of materials or constituents so as to assist DEQ, if necessary, in reasonably distinguishing such materials or constituents from contamination at the Brownfields Property predating the effective date of the Agreement. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Agricultural crops grown at the Brownfields Property for purposes of alternative fuel research or production may not be consumed by humans or animals without DEQ’s prior written approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a park or for sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used as a playground, or for child care centers or elementary, middle or secondary schools without DEQ’s prior written approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for kennels or private animal pens without DEQ’s prior written approval. ☐ 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 shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. No wells at the Brownfields Property may be abandoned without prior written DEQ approval. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ, the U.S. Environmental Protection Agency (“EPA), 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 or EPA, nor any party contracted for oversight by DEQ or EPA, 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: ______________________________________________________________ If DEQ determines that the holder of the Brownfields Property's RCRA Part B Permit has failed to comply with the requirements imposed on it by said permit (including without limitation the requirement to complete the assessment, remediation and/or monitoring requirements of said permit and the requirement to maintain financial assurance), and that the holder continues to fail to do so after notice from DEQ, DEQ may require the then-owner of the affected portion(s) of the Brownfields Property to conduct active assessment, remediation and/or monitoring of such portion(s) of the Brownfields Property in compliance with the RCRA Part B Permit. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Prospective Developer takes title to the Brownfields Property, the owner of any part of the Brownfields Property as of January 1st of that year shall submit to DEQ a notarized Land Use Restrictions Update (“LURU”) , 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, number, 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. ______________________________________________________________ the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ whether any vapor mitigation measures installed pursuant to LURs 5 and 6, above, are operating as designed, and whether the uses of the ground floors of any buildings containing such measures have changed, and, if so, how. ______________________________________________________________ A joint LURU may be submitted for multiple owners by a duly constituted board or association, or another entity approved in advance by DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ A copy of the LURU described in LUR 16, above, shall be submitted to the chief public health and environmental official(s) of Mecklenburg County. ☐ 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: _________________