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NC BROWNFIELDS
LAND USE RESTRICTIONS (“LUR”) UPDATE
Year Certification Made:2017
Name: Address:
RAD Lofts 146 & 179 Roberts Street
Project #: County:
17055-13-011 Buncombe
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
LUR 1:No use may be made of the Property other than for a mixed use redevelopment
with multi-family residential, retail, studios, restaurants, office, craft brewery, event space,
parking, and other commercial uses with prior written the Department of Environmental Quality
(“DEQ”) approval. For purposes of this restriction, the following definitions apply:
a."Multi-family residential" refers to and includes multi-unit human dwellings, such
as duplexes, triplexes, quadriplexes, condominia, or apartments. Single family
homes and townhomes are prohibited unless waived in writing by DEQ in advance.
b."Retail" refers to the sale of goods, products, or merchandise directly to the
consumer including the sales of food and beverage products.
c."Commercial" refers to an enterprise carried on for profit by the owner, lessee or
licensee.
d."Office" refers to the provision of business or professional services.
e." Craft Brewery" refers to the production and sale of beer and other beverages in
small quantities.
f."Event Space" refers to a space or spaces for artistic or musical performances,
conferences, meetings and other events which members of the public may be
invited to attend.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 2:The ground floor of any building on the Brownfields Property may not be used
for residential purposes, unless and until:
RAD Lofts (#17055-13-011) LUR Update
a.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
b.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: ______________________________________________________________
LUR 3:Physical redevelopment of the Property may not occur other than in accord, as
determined by DEQ, with the Environmental Management Plan (“EMP”) approved in writing by
DEQ in advance (and revised to DEQ'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 Exhibit 2 to the
Brownfields Agreement (“Agreement”); and
c.contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields).
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 4:Within 90 days after each one-year anniversary of the effective date of the
Agreement 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 DEQ a report subject to written DEQ 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 LUR 3 above;
b.soil grading and cut and fill actions;
c.methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media;
RAD Lofts (#17055-13-011) LUR Update
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 Land Use Restriction is waived in writing by DEQ
in advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater) may occur on the
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 Property, the groundwater-related activities proposed may only occur in
compliance with any written conditions DEQ imposes.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 6:After conclusion of the redevelopment period referenced in LUR 3 determined
by DEQ, no activity that disturbs soil on the Property may occur unless in compliance with the
EMP or unless and 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.a., above while fully protecting public
health and the environment.
In compliance Out of compliance
☐☐
Remarks: ______________________________________________________________
LUR 7:None of the contaminants known to be present in the environmental media at the
Property, including those appearing in Exhibit 2 to the Agreement, 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
☐☐
RAD Lofts (#17055-13-011) LUR Update
Remarks: ______________________________________________________________
LUR 8: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: ______________________________________________________________
LUR 9:During January of each year after the year in which the Notice is recorded, the
st
owner of any part of the Property as of January 1 of that year shall submit a notarized Land Use
Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials
st
of Buncombe County, certifying that, as of said January 1, the Notice of Brownfields Property
containing these land use restrictions remains recorded at the Buncombe County Register of Deeds
office and that the land use restrictions are being complied with, and stating:
a.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
______________________________________________________________
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.
______________________________________________________________
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 Buncombe 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: __________________
RAD Lofts (#17055-13-011) LUR Update
\[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\]
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: _________________