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Home My WebLink About16028_Kale-Bindex 2000 Hawkins St_LURU Model_20171130NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Kale-Bindex (2000 Hawkins St.) Project #: 16028-12-060 Address: 2000 Hawkins 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 Property other than for industrial, retail, office, and high-density residential purposes, with associated operation and maintenance activities and automobile parking. For purposes of this restriction, the following definitions apply: “Industrial” refers to the fabrication, assembly, warehousing processing or distribution, or processing of goods or materials. “Retail” refers to the sale of goods or services directly to the consumer. “Office” refers to the rendering of business or professional services. “High density residential” refers to use for a dwelling of a multi-unit building, and ancillary uses related thereto. ☐ 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 the Department of Environmental Quality (“DEQ”). The control and management of surface water does not constitute “use” of such for purposes of this agreement. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Soil disturbances must be handled in accordance with an approved Soil Management Plan including subsequent DEQ approved modifications to that plan. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed on the Property and no existing building, defined as those depicted on the plat component of this document, may be occupied until DEQ determines in writing that: the building’s users, public health and the environment will be protected from risk from vapor intrusion related to the Property’s volatile organic contamination; 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property above unrestricted use levels (whether expressed as a goal, level or standard), including those appearing in paragraph 7, 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 and except as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators. ☐ 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. ☐ 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 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 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 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 in fee 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 in fee during the previous calendar year. ______________________________________________________________ whether any vapor mitigation measures installed or implemented pursuant to LUR 4.b. above 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. ______________________________________________________________ ☐ 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: _________________