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Home My WebLink About18026_Power House Square_LURU Model_20171130NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Power House Square Project #: 18026-14-092 Address: 505, 513 West Jones Street; 116 N. West St.; 125 N. Harrington St. County: Carteret 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 For purposes of this restriction, the following definitions apply: “Office” refers to the rendering of business or professional services, including but not limited to, the operation of a data center and the provision of rental storage space, and general business and professional services including but not limited to managerial, administrative, technical, sales, and operational activities; “Retail” refers to the sale of goods, products, or merchandise directly to the consumer, and includes restaurants, bars and breweries; “Entertainment” refers to the use of the Property for entertainment-related purposes, including but not limited to use for a movie theater, plays, music venue or bowling alley; “Multi-Unit Residential Use” refers to a permanent dwelling such as a condominium, apartment, group home, hotel, dormitory or boarding house where residential units are attached to each other with common walls and any property outside the dwelling structure is common to the residents and not privately owned as part of an individual dwelling unit. “Parking” refers to the temporary accommodation of motor vehicles in an area designed for same. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Unless compliance with this Land Use Restriction is waived in writing in advance by the Department of Environmental Quality (“DEQ”) in relation to particular buildings, no use of the Property buildings depicted on the plat component of the Notice of Brownfields Property (“Notice”) referenced in paragraph 20 of the Brownfields Agreement (“Agreement”, aka: Exhibit A) may occur except in accordance with applicable legal requirements, including without limitation those related to lead and asbestos that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Physical redevelopment of the 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 if aspects of the subsequent redevelopment are not adequately addressed in the current EMP) that is consistent with all the other land use restrictions and describes redevelopment activities at the Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the 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; potential sources of the contamination referenced in paragraph 7 of the Exhibit A; surface soil sampling for any soil areas that are planned to be exposed after the planned development, and subsurface soil sampling as required by DEQ; contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tanks, drums, septic drain fields); and plans for the proper characterization of, and, as necessary, disposal of soils excavated during redevelopment. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ 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 activity that cuts or excavates soil within the area denoted on the survey plat (aka: Exhibit B) to the Notice may occur unless it is in accordance with the approved EMP. Disturbance of soils not covered under the approved EMP may not occur 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 Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment, except in connection with mowing and pruning of above-ground vegetation, landscape plantings that do not exceed 18 inches in depth; 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: ______________________________________________________________ No building may be constructed on the Property until either the activities outlined in paragraphs 15.f.i. or 15.f.ii of the Exhibit A occur. Existing buildings, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 20 of the Exhibit A, must also comply with either paragraphs 15.f.i. or 15.f.ii. For existing buildings compliance with paragraph 15.f.i will occur through DEQ's written approval of written reports and/or plans received by DEQ within 120 days after signing the Agreement. Compliance with 15.f.ii for existing buildings will occur within 90 days of DEQ's written approval of the reports and/or plans referenced above, if necessary as determined by DEQ. 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 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: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Property, including those appearing in paragraph 7 of the Exhibit A, 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. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Property may not be used for agriculture or grazing, without the prior written approval of DEQ. Trees shrubs, and plants for landscaping do not constitute agriculture. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The 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 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, 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 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 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 Wake County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wake 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; 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 Property during the previous calendar year; and ______________________________________________________________ Whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 15.f.ii. of the Exhibit A are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Any deed or other instrument conveying an interest in the Property executed by an owner of any interest in the Property shall contain the following notice: “The property which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records, Book 15864, Page 2100.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions) of the Exhibit A, though financial figures related to the conveyance may be redacted, and such disclosure may be made subject to the confidentiality and trade secret provisions of the North Carolina Public Records Law (to the extent applicable). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The accessway to the basement of the structure at 505 West Jones Street must be locked and entry into said basement shall be prohibited except for maintenance or emergency requirements, at which time OSHA Confined Space Entry Procedures must be employed. Immediately after the maintenance or emergency actions have been completed, the basement must again be locked. The access door to the basement must be prominently posted with “Access to this basement is prohibited except for maintenance or emergency requirements, at which time OSHA Confined Space Entry Procedures must be employed.” Such posting shall be maintained. ☐ 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 Wake 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: _________________