The URL can be used to link to this page

Home My WebLink About14024_Edwards Property_LURU Model_20171128NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Edwards Property Project #: 14024-10-060 Address: 10211 Rozzelle’s Ferry Rd. 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 retail, office, industrial, gas station, other commercial (if the Department of Environmental Quality [“DEQ’] issues prior written approval), parking (in lots and structures), or institutional. For purposes of this restriction, the following definitions apply: “Retail” refers to the sale of goods, or services not covered by below, directly to the consumer, including without limitation restaurants, retail pet stores, nail and hair salons, spas, and drop-off/pick up dry-cleaner stores that perform no dry-cleaning on-site. “Office” refers to the rendering of business or professional services. “Industrial” refers to the assembly, fabrication, storage, warehousing and/or processing of goods or materials. “Gas Station” refers to the use of land and buildings for the storage (including in underground storage tanks) and sale of petroleum products, such as gasoline and diesel fuel, to consumers, and any associated automotive service station and/or car wash. “Commercial” refers to a business enterprise. Child care centers or adult care center are prohibited. “Institutional” refers to use of land, buildings or structures for public, non-profit or quasi-public purposes, such as for churches, museums, theaters, art galleries, libraries, hospitals, conference centers or government-owned or –operated buildings. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither surface water, other than in connection with legally compliant storm water collection and reuse techniques, nor groundwater at the Brownfields Property may be used for any purpose without the prior written approval of DEQ. ☐ 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 approved in writing by DEQ in advance that is consistent with all the other land use restrictions and describes redevelopment activities at the Property, 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 Notice of Brownfields Property (“Notice”); and contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No activity that disturbs soil on the Brownfields Property in the “Area of Potential Soil Contamination” as delineated on the plat component of the Notice, may occur unless and until DEQ, in advance of the proposed activity, agrees 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 paragraph Number 2 above while fully protecting public health and the environment, except: in connection with de minimis soil removals to depths not exceeding 18 inches, mowing and pruning of above-ground vegetation; and, for emergency repair of underground infrastructure, provided that DEQ shall be given written notice (if only by email) of any such emergency repair no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those listed on the plat component of the Notice, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities or in sealed, pre-packaged containers sold in a retail context. ☐ 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, unless compliance with this LUR 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 Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice 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 containing these LURs 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 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 transferred any part of the Property 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 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: _________________