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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
The Standard at Boone 862 Blowing Rock Rd. (multiple)
Project #: County:
18030-14-095 Watauga
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
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646
LUR 1:No use may be made of the Property other than mixed use including high
density residential, office, retail, and food and beverage services, which will require stream
restoration activities. For purposes of this restriction, the following definitions apply:
a."High-density residential" use refers to a multi-unit dwelling such as a
condominium, apartment, group home, dormitory or boarding house where
residential units are attached to each other with common walls and any property
outside of the dwelling structure is common to the residents and not privately
owned as part of an individual dwelling unit.
b."Office" use refers to the provision of business or professional services.
c."Retail" use refers to the sale of goods directly to the consumer.
d."Food and beverage services" refers to the on-site preparation and/or sales of food
and beverages directly to the consumer for consumption on the premises or for
take-out service.
e."Stream restoration" refers to the relocation and daylighting of the onsite stream,
stream channelization, stream bank stabilization, re-establishment of vegetation,
and other permitted construction measures throughout the redevelopment in
accordance with any applicable permitting requirements, such as, but not limited
to, NPDES permits, Erosion & Sedimentation Control Permits, Clean Water Act
Section 404 permit and Section 401 certification, and Federal Emergency
Management Agency, North Carolina Wildlife Resources Commission, and
applicable riparian buffer requirements.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
The Standard at Boone (#18030-14-095)
LUR 2:Unless compliance with this land use restriction is waived in writing in
advance by the Department of Environment and Natural Resources (“DENR”) in relation to
particular buildings, no use of the Property may occur prior to demolition of all buildings on the
Property depicted on the plat component of the Notice of Brownfields Property referenced in
paragraph 20 of the Brownfields Agreement (aka: Exhibit A) in accordance with applicable legal
requirements, including without limitation those related to lead and asbestos abatement 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: ______________________________________________________________
LUR 3:Physical redevelopment of the Property may not occur other than in accord, as
determined by DENR, with an Environmental Management Plan (“EMP”) approved in writing
by DENR in advance (and revised to DENR's written satisfaction prior to each subsequent
redevelopment phase) 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:
a.soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;
b.issues related to potential sources of contamination referenced in paragraph 7 of
Exhibit A;
c.plans for addressing known underground storage tanks (“USTs”) and above
ground storage tanks (“ASTs”) at the Property, including confirmatory soil
sampling upon removal of USTs and ASTs to DENR's satisfaction;
d.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields);
e.plans for final grade sampling of native soils prior to construction of onsite
structures; and
f.plans to install and monitor one replacement monitoring well in accordance with
the most recent version of the Guidelines for Assessment and Corrective Action
for UST Releases in the vicinity of the former monitoring well MW-13, located at
299 Faculty Street. Plan will include the preparation of a well construction
diagram, a corresponding boring log, a monitoring well location figure, the
monitoring well's global positioning system coordinates (in decimal degrees), and
a schedule for monitoring to DENR's satisfaction. Plan will include the submittal
of these documents to the DENR, UST Section Winston-Salem Regional Office
within 30 days of installation.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
The Standard at Boone (#18030-14-095)
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LUR 4:Within 90 days after each one-year anniversary of the effective date (May 20)
of the Agreement attached as Exhibit A to the Notice for as long as physical redevelopment of
the Property continues (except that the final deadline shall fall 90 days after the conclusion of
physical redevelopment), the then owner of the Property shall provide DENR a report subject to
written DENR approval on environment-related activities since the last report, with a summary
and drawings, that describes:
a.actions taken in accordance with the plan required by Land Use Restriction No. 3
above;
b.soil grading and cut and fill actions;
c.methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media;
d.stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition of any soil, groundwater or other materials
suspected or confirmed to be contaminated with regulated substances; and
e.removal of any contaminated soil, water or other contaminated materials (for
example, concrete, demolition debris) from the Property (copies of all legally
required manifests shall be included).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 5:Unless compliance with this LUR is waived in writing by DENR in advance in
regard to particular activity, surface water at the Property may not be used for any purpose
without the prior written approval of DENR.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 6:Groundwater at the Property may not be used for any purpose without the prior
written approval of DENR.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
The Standard at Boone (#18030-14-095)
LUR 7:No activity that disturbs soil on the Property may occur unless and until DENR
states in writing, in advance of the proposed activity, that said activity may occur if carried out
along with any measures DENR deems necessary to ensure the Property will be suitable for the
uses specified in LUR No. 1 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 DENR 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 DENR shall be taken.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 8:No building may be constructed on the Property unless and until DENR
determines in writing that:
a.it is demonstrated to DENR's written satisfaction through a site-specific risk
assessment, that the building is protective of the building's users, public health
and the environment from risk of vapor intrusion;
b.it is demonstrated, pursuant to a DENR approved plan, and subject to DENR's
approval, that the building would be or is sufficiently distant from the Property's
groundwater and/or soil contamination that the building's users, public health and
the environment will be protected from risk from vapor intrusion related to said
contamination; or
c.a plan for a vapor intrusion mitigation system, approved in writing by DENR in
advance and including a proposed performance assessment for demonstration of
the system's protection of the building's users, public health and the environment
from risk from vapor intrusion, is implemented to the satisfaction of a North
Carolina-licensed professional engineer as reflected by an implementation report,
bearing the seal of said engineer, that includes photographs and a description of
the installation and performance assessment of the mitigation system.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 9:None of the contaminants known to be present in the environmental media at
the Property, including those appearing in paragraph 7 of Exhibit A, may be used or stored at the
Property without the prior written approval of DENR, except in de minimis amounts for cleaning
and other routine housekeeping and grounds maintenance activities, in fuels stored above ground
for use in emergency generators at locations in which releases from these storage areas would be
distinguishable with certainty from the subject contaminants from any known release at the
property that predates the Agreement, as present in individual motor vehicles in onsite parking
The Standard at Boone (#18030-14-095)
accommodations, or as present in appropriately contained propane tanks for individual gas grill
use.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 10:The Property may not be used for agriculture or grazing.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 11:The owner of any portion of the Property where any existing, or subsequently
installed, DENR-approved monitoring well is damaged shall be responsible for repair of any
such wells to DENR's written satisfaction and within a time period acceptable to DENR, unless
compliance with this Land Use Restriction is waived in writing by DENR in advance.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 12:Neither DENR, 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 DENR, 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: ______________________________________________________________
LUR 13:During January of each year after the year in which the Notice referenced in
st
paragraph 20 of Exhibit A is recorded, the owner of any part of the Property as of January 1 of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the
chief public health and environmental officials of Watauga County, certifying that, as of said
st
January 1, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Watauga County Register of Deeds office and certifying that the land use
restrictions are being complied with. A joint LURU may be submitted for multiple owners by a
duly constituted board or association, or another entity approved in advance by DENR. In
The Standard at Boone (#18030-14-095)
addition to said certification of land use restriction compliance, the LURU shall provide the
following information:
a.the name, mailing address, telephone and facsimile numbers, and contact person's
email address of the owner submitting the LURU if said owner acquired any part
of the Property during the previous calendar year.
______________________________________________________________
b.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.
______________________________________________________________
c.whether any vapor barrier and/or mitigation systems installed pursuant to LUR
No. 8.c. 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.
______________________________________________________________
d.a joint LURU submitted for multiple owners by a duly constituted board or
association shall include the name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address of the entity submitting the joint
LURU as well as for each of the owners on whose behalf the joint LURU is
submitted. (attach list if applicable)
e.a LURU submitted for rental units shall include the rent roll and enough of each
lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 21 and 22 of Exhibit A.
(attach list if applicable)
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 Watauga 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: ___________________
The Standard at Boone (#18030-14-095)
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: _________________