09034_Pelton Crane_Decision Memo 20071221

DECISION MEMORANDUM

FROM: Carolyn Minnich

TO: BF Assessment File
DATE: December 2007

RE: Former Pelton-Crane Facility
200 Clanton Road, Charlotte, Mecklenburg County BF # 09034-05-60

Based on the following information, it has been determined that the above
referenced site, whose intended use is restricted to commercial and warehouse space, can
be made suitable for such uses.
Contaminated Media:
Soil and groundwater are contaminated above unrestricted use levels (IHWS soil RGs
and NC 2L GW Stds) with metals and volatile organics. The surface water is impacted
on an adjacent property above NC 2B Stds. Due to the presence of VOCs in the soil (surface/subsurface) and/or groundwater indoor air is potentially contaminated as well.
The site is currently being addressed in DENR’s REC Program and the Responsible Party
(RP), Siemens, has accepted responsibility. NBP LURs #2 & #4 prohibit the use of
surface water and groundwater use at the property.
Potential Receptors:
Workers (office/construction/outdoor/indoor), trespassers and visitors..

Work to Be Performed:
No active remediation is necessary by the PD at this time. The RP, Siemens, is continuing to work the REC Program to complete site remediation. Note that the NBP
LUR #14 provides that the DENR’s Brownfields Program may require the then current
owner of all or any portion of the Brownfields Property to conduct whatever assessment
and/or remedial activities DENR’s Brownfields Program determines are necessary to
make the Brownfields Property suitable for the uses specified in the BFA LUR #1 should the RP not complete implementation of the Remedial Action Plan.
Groundwater: No active remediation required at this time.

Groundwater contaminants (in micrograms per liter, the equivalent of parts per billion),
the standards for which are in Title 15A of the North Carolina Administrative Code, Subchapter 2L, Rule .0202:

Groundwater Contaminant Sample Location
Date of Max. Concentration
Sampling
Max.
Concentration above Std.
(µg/L)
Date of Most
Recent Sampling
Concentration at most Recent
Sampling Event (µg/L)
Standard
(µg/L)
Tetrachloroethene
(PCE)
MW-6 07/15/02 5.9J 06/01//05 4.2J 1.9
PCE MW-7 08/23/01 3.7J 05/30/05 1.4J 1.9
PCE MW-15 05/07/01 11 05/27/05 ND 1.9
PCE MW-19 05/07/01 9.1 05/29/05 4.9 1.9
PCE MW-32 06/09/03 42 05/27/05 21 1.9
PCE MW-45 12/12/05 2.7 12/12/05 2.7 1.9
Trichloroethene (TCE) MW-1 10/16/00 1,100 12/14/05 420 2.8
TCE MW-6 05/07/01 130 06//01/05 80 2.8
TCE MW-7 11/27/01 190 05/30/05 120 2.8
TCE MW-8 05/07/01 450 05/27/05 140 2.8
TCE MW-9 11/27/01 16 05/26/05 3.2 2.8
TCE MW-10 11/27/01 380 05/29/05 150 2.8
TCE MW-15 08/23/01 150 05/27/05 5.4 2.8
TCE MW-17 05/07/01 170 05/27/05 45 2.8
TCE MW-18 08/23/01 1,400 12/13/05 9.8J 2.8
TCE MW-19 05/07/01 56 05/29/05 49 2.8
TCE MW-22 03/04/02 6.3 05/27/05 0.33J 2.8
TCE MW-24 03/04/02 6.3 05/25/05 6.7 2.8
TCE MW-32 06/09/03 520 05//27/05 240 2.8
TCE MW-38 06/09/03 650 12/12/05 310 2.8
TCE MW-40 06/22/05 1,500 12/14/05 23 2.8
TCE MW-41 06/01/05 610 12/14/05 ND 2.8
TCE MW-42 06/01/05 410 12/13/05 16J 2.8
TCE MW-43 06/01/05 1,700 12/13/05 710 2.8
TCE MW-44 06/21/05 2,100 12/13/05 650 2.8
TCE MW-45 06/21/05 35 12/12/05 33 2.8
1-1 Dichloroethene (1,1-DCE) MW-1 10/16/00 54 12/14/05 ND 7
1,1-DCE MW-6 05/07/01 10 06/01/05 9.0J 7
1,1-DCE MW-15 08/23/01 19 05/27/05 0.21J 7
1,1-DCE MW-41 06/01/05 16J 12/14/05 ND 7
1,1-DCE MW-42 06/01/05 8.6J 12/13/05 10J 7
1,1-DCE MW-43 12/13/05 13J 12/13/05 13J 7
1,1-DCE MW-44 12/13/05 15J 12/13/05 15J 7
1,1-DCE MW-45 12/12/05 6.4J 12/12/05 6.4J 7
1,2 Dichloroethene
(Total)[1,2-DCE]
MW-1 05/07/01 6,800 12/14/05 4,000 70
1,2-DCE MW-6 06/05 430 06/01/05 430 70
1,2-DCE MW-8 05/07/01 120 05/27/05 66 70
1,2-DCE MW-18 11/27/01 1,600 12/13/05 650 70
Groundwater Contaminant Sample Location
Date of Max. Concentration
Sampling
Max.
Concentration above Std.
(µg/L)
Date of Most
Recent Sampling
Concentration at most Recent
Sampling Event (µg/L)
Standard
(µg/L)
1,2-DCE MW-38 06/09/03 230 12/12/05 190 70
1,2-DCE MW-40 06/22/05 1,000 12/14/05 260 70
1,2-DCE MW-41 06/01/05 1,900 12/14/05 650 70
1,2-DCE MW-42 06/01/05 1,000 12/13/05 1,600 70
1,2-DCE MW-43 06/01/05 920 12/13/05 1,900 70
1,2-DCE MW-44 06/21/05 770 12/13/05 2,200J 70
1,2-DCE MW-45 12/12/05 110 12/12/05 110 70
Vinyl Chloride (VC) MW-1 10/16/00 2,800 06/01/05 940 1
VC MW-6 06/05 4.8J 06/01/05 4.8J 1
VC MW-7 10/16/00 11 05/30/05 ND 1
VC MW-8 10/16/00 2.5 05/27/05 ND 1
VC MW-15 05/07/01 1.1J 05/27/05 ND 1
VC MW-18 07/15/02 720 05/31/05 980 1
VC MW-38 06/03 32 05/27/05 50 1
VC MW-40 06/22/05 440 06/22/05 440 1
VC MW-41 06/01/05 600 06/01/05 600 1
VC MW-42 06/01/05 340 12/13/05 380 1
VC MW-43 06/01/05 350 12/13/05 320 1
VC MW-44 06/21/05 83J 12/13/05 210 1
VC MW-45 06/21/05 7 12/12/15 6.1 1
Methyl Chloride MW-1 11/27/01 71J 06/01/05 ND 5
Methyl Chloride MW-6 11/27/01 6.4J 06/01/05 ND 5
Methyl Chloride MW-10 07/15/02 9.7 05/29/05 ND 5
Methyl Chloride MW-18 07/15/02 63 05/31/05 ND 5
Bromomethane MW-1 07/15/02 30J 06/01/05 ND 1.8
Bromomethane MW-6 07/15/02 3.7J 06/01/05 ND 1.8
Bromomethane MW-10 07/15/02 3.7J 05/29/05 ND 1.8
Bromomethane MW-18 03/04/02 18J 05/31/05 ND 1.8
Thallium MW-1 10/16/00 5.6 11/27/01 ND 5.5
Thallium MW-6 10/16/00 5.6 11/27/01 ND 5.5
Zinc (Total) MW-17 08/23/01 9,630 07/15/02 598 2,100
Zinc (Total) MW-18 08/23/01 8,440 07/15/02 2,650 2,100
J=estimated laboratory value
ND=not detected above laboratory detection limit

Soil: No active remediation required at this time. Soil contaminants (in milligrams per kilogram, the equivalent of parts per million), the
standards for which are derived using the Guidelines of the Inactive Hazardous Sites
Branch of DENR’s Superfund Section:

Soil
Contaminant
Sample
Location Depth
Date of Max.
Concentration Sampling
Maximum
Concentration
above Std.
(mg/kg)
Standard
(mg/kg)
Trichloroethylene SB-18 15-16’ 02/00 0.280 0.053
Trichloroethylene SB-27 18-24” 02/00 0.300 0.053
Trichloroethylene SB-29 6-18” 02/00 0.330 0.053
Trichloroethylene SB-30 6-18” 02/00 0.320 0.053
Trichloroethylene SB-30 18-24” 02/00 0.0360 0.053
Trichloroethylene SB-30 5-6’ 02/00 0.070 0.053
Trichloroethylene SB-40 6-18” 02/00 0.760D 0.053
Trichloroethylene SB-40 18-24” 02/00 0.180D 0.053
Trichloroethylene SB-40 5-6’ 02/00 1.900D 0.053
Vinyl Chloride SB-27 18-24” 02/00 0.250 0.079
Vinyl Chloride SB-27 5-6’ 02/00 0.140 0.079
Vinyl Chloride SB-27 10-11’ 02/00 0.120 0.079
Vinyl Chloride SB-49 10-11’ 02/00 0.120 0.079
Benzo(a)pyrene SB-11 6-18” 02/00 0.46 0.062
Benzo(a)pyrene SB-12 18-24” 02/00 0.65 0.062
Benzo(a)pyrene SB-13 6-18” 02/00 0.19J 0.062
Benzo(a)pyrene SB-15 6-18” 02/00 0.20J 0.062
Benzo(a)pyrene SB-16 18-24” 02/00 2.20J 0.062
Benzo(a)pyrene SB-33 6-18” 02/00 0.096J 0.062
Benzo(a)pyrene SB-50 18-24” 02/00 0.170J 0.062
Benzo(a)pyrene SB-51 6-18” 02/00 0.83J 0.062
Benzo(a)pyrene SB-51 5-6’ 02/00 3.2 0.062
Benzo(b)fluoranthene SB-12 6-18” 02/00 0.83 0.62
Benzo(b)fluoranthen
e
SB-51 5-6’ 02/00 3.0 0.62
Indeno(1,2,3-cd) pryene SB-51 5-6’ 02/00 1.9 0.62
Dibenz(a,h)
anthracene
SB-11 6-18” 02/00 0.096J 0.062
Dibenz(a,h) SB-12 6-18” 02/00 0.130J 0.062
Soil
Contaminant
Sample
Location Depth
Date of Max.
Concentration Sampling
Maximum
Concentration
above Std.
(mg/kg)
Standard
(mg/kg)
anthracene
Dibenz(a,h)
anthracene
SB-51 5-6’ 02/00 8.30 0.062
Phenanthrene SB-51 5-6’ 02/00 6.70D 4.2
3-3’
Dichlorobenzidine
SB-51 5-6’ 02/00 0.46J 0.38
Cadmium SB-1/2/3/4 6-18” 02/00 8.5 7.4
Cadmium SB-1/2/3/4 18-24” 02/00 16.3 7.4
Copper SB-15/16/17//18 0-6” 02/00 1140 620
Copper SB-49 0-6” 02/00 945 620
Nickel SB-1/2/3/4 0-6” 02/00 498 320
Nickel SB-37 0-6” 02/00 439 320
Nickel SB-37 6-18” 02/00 439 320
Nickel SB-37 18-24” 02/00 580 320
J=estimated laboratory value
Surface Water: No active remediation required at this time
Surface Water contaminants (in micrograms per liter, the equivalent of parts per billion),
the standards for which are set forth in NCDENR 15A NCAC 02B.0211 Fresh Surface
Water Quality Standards for Class C Waters.
Surface Water
Contaminant
Sample
Location
Date of Max.
Concentration
Sampling
Maximum
Concentration
above Std.
(µg/L)
Standard
(µg/L)
Cadmium SW-3 05/21/03 5.4 2
Chromium SW-3 05/21/03 364J 50
Copper SW-1 05/21/03 7.5J 7
Copper SW-2 05/21/03 27.3 7
Copper SW-3 05/21/03 374J 7
Lead SW-3 05/21/03 33.9 25
Nickel SW-3 05/21/03 100J 88
Zinc SW-1 04/25/01 39.8 50
Zinc SW-2 04/25/01 56.6 50
Zinc SW-3 05/21/03 740J 50
J=estimated laboratory value
Indoor Air
Two carcinogens were detected in indoor air above the EPA OSWER Vapor Intrusion
Guidance indoor air target levels at a 10-6 cancer risk. These levels also marginally
exceed the 10-4 cancer risk range. Two non-carcinogens were detected above the EPA
target levels at a hazard quotient of 1. A vapor mitigation system is not being required in the current building at this time for the following reasons: 1) the EPA screening levels
were developed for a residential exposure scenario (350 days per year over a period of 30
years) rather than a commercial/industrial exposure scenario (250 days per year over a
period of 25 years); 2) the samples were taken with the HVAC system off; 3) the volatile
plume is currently undergoing remediation (soil excavation and groundwater treatment) to reduce VOA concentrations in soil and groundwater; 4) the NBP LUR #1 restricts the
use of the property to commercial/warehouse use; 5) the NBP LUR #3 requires that no
use be made of the current building until the mechanical ventilation in the building is
brought up to current code and indoor air samples are required to ensure the ventilation
system is working to reduce the indoor air contaminant levels below the standard; 6) the NBP LUR #16 requires that future buildings within 100 feet of the volatile plume install
a vapor mitigation system unless it can be shown that one is not needed.

Indoor air contaminants (in milligrams per meter cubed), the samples of which were
collected in the building referenced on the plat map with its ventilation system inoperative, and the standards for which are derived using the U.S. EPA Draft Subsurface
Vapor Intrusion Guidance (a conservative risk prevention assumption of 10-6 was used),

Indoor Air Contaminant Sample Location Date of Max. Concentration
Sampling
Maximum Concentration
above Std.
(ug/ m3)
Standard
(ug/ m3)
Trichloroethene (TCE) IAS-03-01 11/18/05 0.023 0.022
Trichloroethene
(TCE)
IAS-03-03 11/1805 3 0.022
Trichloroethene
(TCE)
IAS-03-04 11/18/05 5.03 0.022
Trichloroethene
(TCE)
IAS-03-06 11/18/05 2.51 0.022
1,2-Dichloroethane IAS-03-01 11/18/05 9.99 9.4
1,2-Dichloroethane IAS-03-02 11/18/05 9.49 9.4
1,2-Dichloroethane IAS-03-03 11/18/05 13.5 9.4
1,2,4-
Trimethylbenzene
IAS-02-01 03/29/04 7 6
Toluene IAS-03-04 11/18/05 774 400

While the target indoor air concentrations for occupied buildings at a BF Property are the 2002 EPA OSWER Vapor Intrusion Guidance target levels, as illustrated in the
comparison table below, the constituent levels detected in the indoor air samples are far
below the workplace indoor air standards as regulated by the Occupational Safety and
Health Administration (OSHA) permissible exposure levels (PELs), They are also far
below the more conservative National Institute for Occupational Safety and Health (NIOSH) recommended exposure limits (RELs) and the American Conference of
Governmental Industrial Hygienists (ACGIH) threshold limit values (TLVs).
Indoor Air Constituent
Ug/m3
*OSHA PEL Ug/m3 *NIOSH REL Ug/m3 *ACGIH TLV Ug/m3 Highest IA Concentration
Ug/m3
Trichloroethene 570,000 Not available 270,000 9.29
1,2- Dichloroethane 200,000 4,000 40,000 13.5
1,2,4-Trimethyl
benzene
125,000 125,000 125,000 7.5
Toluene 770,000 380,000 190,000 774
OSHA PEL = Occupational Safety and Health Administration = Permissible Exposure
Limit
NIOSH REL = National Institute for Occupational Safety and Health (NIOSH) recommended exposure level ACGIH TLV = American Conference of Governmental Industrial Hygienists threshold
limit value.
*Values are based on time weighted averages for 8 and 10 hours per day/ 40 hours per
week.
Required Land Use Restrictions:
1. No use may be made of the Brownfields Property other than for warehouse
and, with prior written DENR approval, other commercial purposes; provided, however,
that remedial activities at the Brownfields Property that are sanctioned by DENR, and the
use engaged in by LifeSpan, Inc. that is referenced in Land Use Restriction 11 below, shall not be deemed to violate this LUR. The following definitions apply:
i. “Warehouse” refers to the storage of goods for a business or other
enterprise.
ii. “Commercial” refers to an enterprise carried on for profit, or not for
profit, by the owner, lessee or licensee, including office space, showrooms (rooms where merchandise or samples are displayed), or retail (sale of goods, products or merchandise
directly to the consumer) outlet stores.
2. Surface water at the Brownfields Property may not be used for any purpose
without the prior written approval of DENR, other than in connection with legally
compliant stormwater management and remedial activities sanctioned by DENR.
3. As to buildings depicted on the plat component of this Notice, none may be
used after the 180th day following the date of recordation of the Notice, unless and until
mechanical ventilation with outdoor air is provided in compliance with the most current
version of the Mechanical Ventilation section of the Ventilation chapter of the North
Carolina State Building Code (“Code”) or another standard approved in writing in advance by DENR, unless compliance with this Land Use Restriction is waived in
writing by DENR in advance in regard to particular buildings. Within 30 days after
provision of mechanical ventilation with outside air to a particular building, or 30 days
after the effective date of this Agreement, whichever occurs later, a professional engineer
licensed in North Carolina shall provide DENR certification that the ventilation system was installed in accordance with its design specifications and complies with the Code.
During the first summer and winter after the engineer’s certification is provided in
relation to a particular building, the owner of the portion of the Brownfields Property
containing the building shall be responsible for conducting indoor air sampling events in
conformance with a plan approved in writing by DENR in advance. If DENR determines that the sampling results reflect the presence of indoor air contaminants that exceed the
most current U.S. Environmental Protection Agency target indoor air screening levels,
adjusted for industrial use exposure, DENR may require the owner to install engineering
controls sufficient to eliminate the exceedances.
4. No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater) may occur on
the Brownfields Property without prior sampling and analysis of groundwater to the
written satisfaction of DENR in any areas proposed for such activities, and submittal of
the analytical results to DENR. If such results disclose to DENR contamination in excess of North Carolina’s groundwater quality standards, the proposed activities may not occur
without the prior written approval of DENR on such conditions as DENR imposes, including at a minimum compliance with plans and procedures, approved pursuant to
applicable law, to protect public health and the environment during the proposed
activities. This Land Use Restriction does not apply to remedial activities sanctioned by
DENR.
5. Other than in connection with mowing and pruning of above-ground vegetation, soil on the Brownfields Property may not be disturbed unless DENR has been
given ten (10) days written notice (electronic mail suffices), during which period DENR
may issue a written determination (electronic mail suffices) that prior sampling has been
inadequate to allow the soil disturbance to proceed without additional sampling. Within
21 days after any such determination, DENR shall issue written instructions regarding additional sampling. If sampling results disclose contamination that DENR determines
renders the Brownfields Property unsuitable for the uses specified in Land Use
Restriction 1 above, the soil may only be exposed or disturbed in conformance with
plans, approved in writing in advance by DENR, for protection of public health and the
environment while the soil is exposed or disturbed, and if as much soil as DENR requires is removed and disposed of in accordance with applicable law, or covered with an
impervious or hard pervious surface to DENR’s written satisfaction, in which case the
cover shall be maintained in good repair to DENR's satisfaction. Information that meets
with DENR's written satisfaction regarding the transportation and disposition of any soil
removed from the Brownfields Property must be supplied in a letter report to DENR within ninety (90) days following removal. This Land Use Restriction does not apply to
remedial activities sanctioned by DENR.
6. No mining may be conducted on or under the Brownfields Property, including,
without limitation, extraction of coal, oil, gas or any other minerals or non-mineral
substances.
7. No basements may be constructed on the Brownfields Property unless they are,
as determined in writing by DENR, vented in conformance with applicable building
codes.
8. None of the contaminants known to be present in the environmental media at
the Brownfields Property, including those listed in Tables A, B,C and D above, may be used or stored at the Brownfields Property without the prior written approval of DENR,
except in de minimis amounts for cleaning and other routine housekeeping activities.
This Land Use Restriction does not apply to remedial activities sanctioned by DENR.
9. The Brownfields 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 DENR.
10. The Brownfields Property may not be used for agriculture, grazing, timbering
or timber production.
11. The Brownfields Property may not be used as a playground, or for child care centers or schools, with the proviso that, if LifeSpan, Inc. is providing education,
employment and enrichment opportunities to persons with developmental disabilities at
the Brownfields Property as of the date of recordation of this Notice, it may continue to
do so.
12. The Brownfields Property may not be used for kennels, private animal pens or horse-riding.
13. No party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit or order issued by,
DENR may be denied access to the Brownfields Property for purposes of conducting
such assessment or remediation, provided that such party shall use reasonable efforts to minimize interference with legal operations on the Brownfields Property.
14. If DENR’s Brownfields Program determines that Siemens Medical Solutions,
USA, Inc. will not complete implementation of the Remedial Action Plan approved by
DENR’s Registered Environmental Consultant Program for a site that includes the
Brownfields Property, DENR’s Brownfields Program may require the then current owner of all or any portion of the Brownfields Property to conduct whatever assessment and/or
remedial activities DENR’s Brownfields Program determines are necessary to make the
Brownfields Property suitable for the uses specified in Land Use Restriction 1 above
while fully protecting public health and the environment.
15. No building may be constructed on the Property until DENR has been consulted regarding the proximity of the planned building to the Property’s volatile
contaminant plume. If DENR determines that the footprint of a building proposed to be
constructed on the Property would fall within 100feet of said plume, it may not be
constructed without a vapor barrier system and/or mechanical or passive vapor mitigation
system approved in writing by DENR in advance. Within thirty 30 days following installation of the vapor barrier system and/or mechanical or passive vapor mitigation
system, DENR shall be provided certification of proper installation under seal of a
professional engineer licensed in North Carolina, as well as photographs illustrating the
installation and a brief narrative describing it. With DENR’s prior written approval,
additional investigation activities including, without limitation, soil gas samples, performed to DENR’s written satisfaction, may be conducted, and installation of a barrier
or mitigation system possibly excused, so long as the proponent makes an advance
written commitment to install a barrier or mitigation system if DENR so requires based
on review of a report DENR deems adequate of the investigation activities.
16. During January of each year after the year in which this Notice is recorded,
the then current owner of any part of the Brownfields Property shall submit a notarized
Land Use Restrictions Update to DENR certifying that the Notice remains recorded at the
Mecklenburg County Register of Deeds office, and that the Land Use Restrictions are
being complied with.